Transferring OEM licenses from 1 PC to another

  PaulB2005 09:52 29 Mar 2006

Is it true that the EU has decreed that the OEM license is essentially "illegal" when it states it lives and dies with a PC? i.e. that you CAN LEGALLY transfer a OEM copy of Windows to a new PC legally as long as it is a transfer and not a simultaneous installation?

  ventanas 10:02 29 Mar 2006

I have seen something on these lines. Just another case of the EU sticking its nose into something it knows nothing about just to have another poke at Microsoft.

If it does happen that OEM licences can be transferred legally within the EU I can only see MS removing them altogether from those countries, pushing up the cost of every new PC by about £200

click here

  PaulB2005 11:35 29 Mar 2006

Hmmm. Just going on what I've been told by a shop that is selling PCs with free copies of Windows 2000 Pro (OEM) on new hardware.

They say they've "tested" the case - not sure how - don't want to push it. They were adamant that it was illegal for MS to specify the software lives and dies with the PC and that an OEM license can be transfered in the same way a retail license can.

  Totally-braindead 11:47 29 Mar 2006

Never heard that one before. If it was true and it had been "tested" as they put it I think there would have been something in the news.

  dmc727 12:47 29 Mar 2006


“OEM operating system licences live and die with each PC
– they are not transferable.”

Taken from a “PC Legal Checklist” issued by Microsoft. This is the stance of Microsoft and would assume the EU would have to take legal action should they wish to have it otherwise.

Contained in a pdf file:click here

  ventanas 12:49 29 Mar 2006

I'm sure if it had been tested (in the courts) I would know about it without doubt. They are either telling porkies, or are very stupid.

For the moment I would say that Microsoft's OEM rules still apply. If this shop is certified by Microsoft as a systems builder they can certainly sell (or give away) OEM with new machines. If not then they cannot, and should proably be reported. Not necessarily out of desire to prosecute them, but for the fact that they are probably supplying illegal licences with every machine they sell, with unknown consequences for the purchasers.

  PaulB2005 22:07 29 Mar 2006

Well I've built up a good relationship with the shop over the last few years and I'll quiz them on it if it comes up again. They say the Windows 2000 installation is used to test the system and then it is sold with this still installed (complete with a OEM Product ID Sticker which has obviously been removed from another PC) or, as in most PCs with a legit Windows XP Home (with OEM Sticker and CD) installation. It only came to light because i was installing a PC for someone who didn't make it clear they wanted XP installed and so it came with 2K instead. When we queried it the above was the explanation offered.

  VoG II 22:19 29 Mar 2006

If you are looking for EU legislation click here

I'm afraid that my interest in this problem is minimal but it might help you.

  woodchip 22:19 29 Mar 2006

If you have a CD OEM or full you can use it on any comp. But should only have it on one at a time. The die situation only works when it's pre-loaded operating system. That's why OEM's now should not sell discs. I got both Restore Disc and OEM full XP home CD

  woodchip 22:20 29 Mar 2006

PS the Pre-Instaled XP is different Key to the CD on the Case

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