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General discussion

Windows XP Professional OEM software

Feb 5, 2009 11:29PM PST

My computer mechanic purchased paying nearly $200 and installed in my assembled computer, original Windows XP professional software in February 2007 and Microsoft authenticated it several times, whenever I downloaded the updates. Subsequently, my hard disk had to be formatted, but my mechanic could not reinstall the Windows XP the second time and we discovered that the WIN XP installed was an OEM version. Obviously, an unscrupulous dealer of HCL Infosystems Ltd., an OEM Computer manufacturer, had passed on the OEM software to my mechanic. To enable me continue to use the computer, my mechanic installed another copy of WIN XP, but provided the original key. Microsoft detected the mismatch the next time I tried to download the updates, declared me a user of counterfeit software and introduced several glitches in my computer, making its use risky, frustrating and adversely affecting all my trading activities. I took up the matter with Microsoft and provided them all the documentation they needed to establish that I had purchased original software, but had to use the unofficial WIN XP only because the original XP failed to install and I had to use my computer to continue my trading activity. I also pointed out that they had authenticated the original WIN XP several times and new that my computer had original software and the root cause of my problem was because the OEM software illegally passed on to me by their dealer could not be reinstalled. Microsoft accepts these facts but insists that I am still guilty of using unofficial software and should order a back up copy of the original WIN XP with their principals and pay for its shipment. Their dealer does not respond. Thus even after paying and installing original software I am being punished, declared a culprit and harassed for the last 3 months. Who is at fault? Is not Microsoft being unfair to me, its genuine customer? How can I to solve this problem?

I.S.Rao (raois@hotmail.com)

Discussion is locked

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Re: OEM software
Feb 5, 2009 11:42PM PST

Paying $200 for an OEM version in stead of a retail version is too much.

There's not much difference, however. The OEM version legally is bound to the original computer, and transfer to another one is not allowed; the retail version allows install on multiple computers (but one a time). And Microsoft doesn't support OEM versions. That should be done by the maker of the PC. And they have different keys. But there's nothing wrong in principle if an OEM (like HCL, as you state) installs an OEM version of the software. That's what it is meant for, in fact. There's nothing illegal here.

So the real problem is why your tech couldn't reinstall the fully legal OEM version. That should surely have been possible, given the CD and the key. But with the information given we can't even guess.

Kees

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WIN XP OEM software
Feb 6, 2009 1:09PM PST

Dear Mr. Kees Baker,
I think I have not made myself quite clear. As you have mentioned OEM WIN XP is supposed to be installed only in OEM computers and is not meant for retail sale. But mine is an assembled one. The OEM dealer should not have sold the OEM software to my technician and Microsoft should have taken this dealer to task. But obviously it is not interested. My technician could not reinstal the OEM software a second time on my computer, since as you say. it is supposed to be installed only once. I do not know how the OEM dealer managed to sell the OEM software, possibly he had not instaled this particular copy in any OEM computer. My mechanic did not have any difficulty in installing the same in my assembled compuetr the first time and it worked fine for over one year with Microsoft not seeing anything amiss, but on the contrary authenticating it several times during this period. I am now in trouble with Microsoft holding me guilty and not the dealer who sold it to me. How am I supposed to be responsible and how am I guilty?
I.S.Rao

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Re: OEM
Feb 7, 2009 12:00AM PST

An 'assembler' is an OEM (he makes 'original equipment'), so he's certainly entitled to use it on a machine he makes and sell it.
I've got an OEM version of the OS with all my custom built PC's I've ever had. And, in fact, with my wife's former Compaq and my kids laptops (Toshiba and Fujitsu) also. I've never bought the retail version of any OS.

Let me quote http://graphicssoft.about.com/od/findsoftware/f/oemsoftware.htm:
Is it legal to install an original equipment manufacturer (OEM) version of software on a computer other than the one on which the software came?
OEM software is only distributed when sold with specified accompanying hardware. When these programs are copied and/or sold separately from the hardware, it is a violation of the license with the software publisher, and therefore illegal.
and:
Legitimately obtained OEM software generally does not come with user manuals or the original retail packaging, and technical support is usually provided by the hardware provider.

And certainly it can be reinstalled on the same computer of only the hard disk is replaced. In fact, most OEM versions can be installed on any other computer also, but it isn't legal and you might not be able to activate it with Microsoft. But just replacing the hard disk wouldn't matter, legally nor technically.

So, as I said before, back to your technician to ask him why he didn't (or couldn't) reinstall the original OS. That would have saved you a lot of trouble.

Kees