🚀 go-pugleaf

Jeff Richards wrote
> Greg <invalid@invalid.net> wrote
>> 98 Guy <98@Guy.com> wrote

> Some of that information is wrong.

We'll see...

>> 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_).

Irrelevant to whether the end user that
ends up with one has a legal copy or not.

THAT individual never ever signed any purported 'agreement'

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

Wrong. They can in this country, essentially because MS does not write australian law.

> 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.

Doesnt have to comply with the conditions set out in the
EULA, ALL that has to do is comply with Australian law.

> Roughly, this means that the whole package (software, hardware, documents etc) as originally purchased is transferred 
> and no part of the package is retained.

Completely irrelevant to what Australian law allows.

> 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.

That last is just plain wrong with Australian law.

>> 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.

Just as true of an end user that has paid for a legal copy of an
OEM or has been given one by a legal owner of one, etc etc etc.

> But when that package is sold the software is then tied to the computer with which it was originally packaged.

Wrong, and it doesnt have to have been bought with a computer either.

> 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,

Nope, no problem whatever except for MS.

> or hardware that is only part of a system (such as a disk drive).

Nope, no problem whatever except for MS.

> In this case, the presumption is that the software can be installed only on a machine where the hardware is used

Presumptions are completely irrelevant to Australian law.

> (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).

That's MS's problem, not the individual that owns it.

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

Wrong.

> OEM software is tied to the computer it was sold with.

Wrong.

> That package can be sold and transferred under conditions set out in the EULA, as mentioned above.

The EULA is completely irrelevant. What matters is Australian
law and there is no provision what so ever under Australian
law that ties any OS to any particular hardware.

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

Wrong again. What matters is Australian law.

> 1. If a vendor is selling it without hardware, they are in breach of their agreement with MS.

That's the reseller's problem.

> This doesn't worry you as the purchaser _except_ that it might indicate that it's not actually an OEM copy at all,

Like hell it does.

> or that the dealer might not be authorised to deal in OEM software.

Irrelevant to the legal rights of the individual that owns it.

> 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.

Doesnt matter a damn if its being used for an upgrade.

> 2. OEM copies are generally not usable as a 'qualifying product' for upgrades.

Wrong.

> 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.

In practice it works fine and is legally fine too.

> If your W98 copy is OEM, you probably cannot use it as a qualifying product for the upgrade version of XP.

Wrong.