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Are Recovery Disks Brand Specific?
tomos:
Note: the license for that OEM copy of Windows that ships with a PC is not transferable and is legally for use only on the machine it originally shipped with. That's why it cost much less than the full retail version Microsoft would be happy to sell you. Not to say an OEM licensed copy of Windows can't be physically installed and validated on another machine. But it is a EULA violation to do do.
-40hz (May 12, 2014, 08:28 AM)
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For the record - this is not fully true in Germany:
from an(y) ebay.de reseller of OEM Windows 7 -
Lizenzbestimmung: Durch das Urteil des Bundesgerichtshofs wurde der Verkauf von OEM-Versionen und DSP-Versionen ohne zugehörige Hardware erlaubt. Daher dürfen Sie diese Lizenz auf jedem xbeliebigem Rechner einsetzen. Dies ist im Bundesgerichtshof Urteil vom 06.07.2000 - I ZR 244/97 auch eindeutig dokumentiert.
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roughly: the courts ruled that OEM versions may be sold without related hardware.
-tomos (May 12, 2014, 10:03 AM)
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Most interesting! More on that here.
Glad to see the EU courts aren't falling for the arguments used in the US to abrogate a buyer's 'first sale' rights.-40hz (May 12, 2014, 01:51 PM)
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Not sure if that EU ruling has had a direct influence on Windows OEM resale** (anyone?) - the ruling I quoted was from the Federal German Supreme Court. I see Windows 7 OEM's for sale on UK Ebay and they oddly quote the ebay and MS policy/license limitations:
Please Ensure you read the below Policy and Legislation very carefully so you fully understand everything involved in the sale of this item.
If you have ANY questions whatsoever, then please message us through ebay and we will be happy to get back to you within 1 business day, or the next available business day where weekends/holidays are effective.
Ebay Policy States: OEM, bundled, or recovery software may be listed only if it is included along with the original hardware, such as the motherboard, hard drive, or computer sold with the OEM software.
Microsoft Policy States: "Large brand-name computer manufacturers, such as Dell and Compaq, often include OEM software on non-holographic “recovery” or “reinstallation” discs that show the manufacturer’s brand name. These software packages are typically marked with a phrase that states, for instance, “For Distribution with a new Dell PC only.” Recovery or reinstallation software is licensed only for distribution with new computers and can be redistributed only with the computer for which it was initially distributed. Distributing such software with individual PC hardware components (e.g. hard drive; RAM) does not comply with Microsoft’s OEM distribution requirements." In compliance with the above, we confirm that you will receive an original Microsoft Disc, and that the decommissioned PC is also included in this sale, however the Dell PC models vary and all are damaged beyond economic repair. Due to the size, weight and low value, PC's are only available by collection only. This item is also intended for use by OEM (original equipment manufacturers) and system builders. It is not intended for consumer use.
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sounds like they're saying you're breaking the law if you buy this (nudge nudge wink wink :p)
** Presumably that EU ruling does give them the security to resell openly in the EU without fear of hassle or conviction.
Stoic Joker:
They probably only really gave it significant mention in the partner channel communiques. (And I don't get those any more.)-40hz (May 12, 2014, 01:59 PM)
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But I do ... And have no recollection of its mention. However there is a good bit of pompoms oriented signal to noise ratio in there too.
I do have a tendency to reflexively gloss past certain - draconian corporate - terms that conflict with my definition of fair use...
-Stoic Joker (May 12, 2014, 01:48 PM)
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Yup. And I'm sure they're hoping most people will continue to do just that... :-\
Because the devil is in the details. And the rabbit punches and "liver jabs" are often found in the fine print. Usually somewhere halfway down on page 88 of 173. :tellme:
-40hz (May 12, 2014, 01:59 PM)
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Primary detail IMO is how practical is it to actually have an attorney available to read, decipher, and explain the nonsense contained in the average EULA. Nobody in the SOHO/SMB space has the time or money for that. And I don't have a law degree, so I'm not about to try understanding the inane level of doublespeak contained therein.
- The party of the first participle shall for all eternity henceforth and forthwith be subject to all covenants not to be confined only to the herein but also to include that which is felt to be subject to any and all implied whims of the holding issuer -
Not to mention the chronically reserved right to change the content at any future point to retroactively apply to the signature acceptance of button clicking back when. So I prefer to reserve the right to error on the side of the client regarding what is to be considered fair and reasonable usage.
My 25 words or less rule you see, is strictly enforced. ;)
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