Changes to "Windows Genuine Advantage"

[LindaHewitt]

Tuttle,

Have the requirements in the OEM EULA changed in the last couple of years?

I have been involved in a community service computer refurbishing project, which uses W98 SE. When companies or individuals donate computers, according to Microsoft, the OEM operating systems could not be used even if they were W98 SE. As a result, Microsoft set up the MAR program (Microsoft Authorized Refurbisher) where they will sell authenic copies of either W98 or W2K for $5 each.

Did the OEM EULA change as a result of either the US anti-trust lawsuit or the EU anti-trust lawsuit?

Edit:

I went to the system builder website below and found the following information.

Questions and answers specific to system builders

https://oem.microsoft.com/worldwide/514341.asp

Can my customers transfer or sell their OEM software licenses?
A. After an OEM software license has been installed on a PC, the license may not be installed on or transferred to another PC. However, the entire PC may be transferred to another end user along with the software license rights. When transferring the PC to the new end user the software media, manuals (if applicable) and certificate of authenticity label must be included. It is also advisable to include the original purchase invoice or receipt. The original end user cannot keep any copies of the software.

My interpretation of these rules is that if you can NOT provide the software media (including original media if the this OS is an upgrade), certificate of authenticity, then you cannot transfer this OEM OS.

I would also think that it would be very prudent to have a signed agreement between the original owner and the new owner, which is signed by both. This way if there is ever any question, then you as the original owner can prove that you transferred everything. Likewise as the new owner, you can prove that you are the new owner.

Pertaining to computer refurbishing projects, which require a new MAR OS, the probable reason is that when the computer is donated, the donor cannot provide the original software media, certificate of authenticity, let alone purchase invoice or receipt.

Well, I certainly learned a bit more about the Microsoft rules.

Cheers,

Linda

[Tuttle]

Have the requirements in the OEM EULA changed in the last couple of years?

Not in any way that's meaningful to end users. The only recent change I can think of affects what system builders are allowed to supply OEM licenses with -- there was an attempt to close the loophole that let you legally sell an OEM copy of windows together with something like an IDE cable.