🚀 go-pugleaf

"Greg" <invalid@invalid.net> wrote in message 
news:7i56vqF2tmoa6U1@mid.individual.net...
> On Fri, 25 Sep 2009 20:09:35 -0400, 98 Guy <98@Guy.com> wrote:
>
> snip <

Some of that information is wrong.

> New  windows Oems operating system (Except Vista and w7)  can be sold
> with Hardware.

For W98, the OEM re-seller's agreement with MS allows them to provide the 
software only as part of a software/hardware package (_must_ be sold with 
hardware, not _can_).

> Used Oems operating systems can not be sold at all.

A system (hardware and software) can be transferred (either as a gift or as 
a sale) provided that the conditions set out in the EULA are met. Roughly, 
this means that the whole package (software, hardware, documents etc) as 
originally purchased is transferred and no part of the package is retained. 
In some specific cases (eg, US Government purchases) there is legislation or 
other agreements woth MS that modify this requirement somewhat, but not in 
any significant way.

> New Oems can be installed on any computer.

If you mean that the re-seller (the organisation that has an OEM agreement 
with MS) can package the OEM software with any computer they sell, that's 
correct.  But when that package is sold the software is then tied to the 
computer with which it was originally packaged.  This creates a bit of a 
problem where the re-seller has stretched the original rule somewhat and the 
software was provided with hardware on which it could not actually be 
installed, or hardware that is only part of a system (such as a disk drive). 
In this case, the presumption is that the software can be installed only on 
a machine where the hardware is used (but considering that the OEM re-seller 
was probably acting outside his agreement with MS anyway, it's only a guess 
as to what the real rule is).

> Oems are tied to the
> computer once they are installed, stay with the computer,  not
> necessarily the person or business.

OEM software is tied to the computer it was sold with. That package can be 
sold and transferred under conditions set out in the EULA, as mentioned 
above.

There are two important things you need to be aware of about OEM software

1. If a vendor is selling it without hardware, they are in breach of their 
agreement with MS.  This doesn't worry you as the purchaser _except_ that it 
might indicate that it's not actually an OEM copy at all, or that the dealer 
might not be authorised to deal in OEM software.  For instance, the vendor 
might be providing a single key for every copy that he sells because MS has 
cancelled his OEM agreement and has stopped roviding new product keys, and 
this creates a risk (for some operating systems) that MS will not validate 
it.

2. OEM copies are generally not usable as a 'qualifying product' for 
upgrades.  This has been mentioned elsewhere, and is the only point that is 
relevant to your current problem of whether or not you can purchse the 
upgrade version of XP istead of the full version.  If your W98 copy is OEM, 
you probably cannot use it as a qualifying product for the upgrade version 
of XP.
-- 
Jeff Richards
MS MVP (Windows - Shell/User)