Hey all,

I'm not sure if this is the wrong catagory..or the wrong place in general..to post my question. Here goes. I bought a version of Win98(NOT OEM)on Ebay. Virtually all of the Win98 auctions for Windows products state:"To comply with eBay & Microsoft Regulations: a piece of computer hardware will be shipped with this item." A piece of hardware was shipped with it, without a warranty. Aren't these the OEM regulations? Does this mean that the product is now under an OEM license i.e. it cannot be installed multiple times without an additional license? I know I will be doing the very thing(one of those Linux people.) I haven't found a very good answer; it's been pretty vague so far. Any help would be much appreciated

"Win98(NOT OEM)" perhaps deserves further explanation.

I would have thought that any W98 version can be legally installed multiple times without an additional license if it is on the same machine, and none of them on more than one machine.

Gray areas can get a bit tricky. I have the same machine (name on box etc) but did change the mobo because it died. I left my OEM W98SE on it, so who knows if I'm still legal or not.

It'll be interesting to see what others say...

DerekW

My take on it is that a retail license is freely transferable, regardless of eBay rules. An OEM license, on the other hand, "attaches" to a particular machine when it is installed on that machine and can't be transferred to another machine, although rebuilds/upgrades are okay.

The idea that a license can be properly transferred with a piece of hardware is based on a reference to "component" in OEM EULAs. I am not sure what qualifies as a component under the EULA, but I'm pretty sure it's more than a USB cable or mouse or whatever you usually find in the box with with the installation disk. However, I am NOT an authority on such matters.

As to your case, read the license that appears when you install the operating system. It may be worded to indicate whether it is a retail or OEM version.
Ed

Doesn't the OEM ruling "For Distribution only with a new PC" apply to the supplier?

After purchase of the machine with CD, the owner of the machine registers the software and (as I see it) can put it on any one machine which he/she owns. He/she cannot however sell the machine complete with OS & CD.

I might be (and probably am) quite wrong on this....just thinking aloud.

DerekW

First of all, don't worry about it. If this thread stays up long enough some self proclaimed legal expert will post in about how buying an OS is actually just buying the right to use it. And the right of usage does not include the right of transfer.

But that doesn't address the gray area of upgrades that Derek mentions. Obviously an 'upgrade' can be a completely different system. They may frown on it but Microsoft will never win a case against someone who upgrades their computer. The only successes they have is when they find the same software on more than one computer or with people selling copied software. The way they determine it's the same is with the product key. So if 98 is retired on one system and installed on another, what are they going to do? It's just an upgrade.

Besides, if they had any sense Microsoft would turn a blind eye to the buying and selling of older software and the PCs that run them. That activity creates a low-end market of $25 computers that is a training ground for many future users of their more expensive products.

"Besides, if they had any sense Microsoft would turn a blind eye to the buying and selling of older software and the PCs that run them. That activity creates a low-end market of $25 computers that is a training ground for many future users of their more expensive products."

BINGO! DAVEINCAPS

well! my take on this is that as Microsoft no more supports win98 (with any updates), they have no say on what you do with the product (the software and the key) as long as it is not put for commercial resale. i trust an individual can use it for personal use in more than one machine (in fact i have it in my desktop as well as laptop- though i rarely use win98 on the laptop-.)

i hope M$ guys read this forum and revert!

regards
neelakantan

Microsoft has NEVER to my knowledge allowed any of their single user licensed software to be installed on multiple computers. As was stated above, Win98 is basically obsolete so I personally wouldn't worry about it too much. MSoft will probably never see the light as far as this issue goes. I own a CAD program that comes with a hardware lock (dongle). It is allowed by the company to install the program on TWO machines (say desktop & laptop) but it is only operational if the dongle is in place. This makes alot of sense to me. By the way, this software is WAY more expensive than Windows.

While I can't answer the legal question, I do know that Windows 98 does not have to be registered with MS online when you install it. So MS has no way of ever knowing that you even have Windows 98.

Do what you think is right and don't sweat it.

-Bob

Current OEM licenses for all Microsoft operating system products are not transferable from one machine to another. The End User License Agreement (EULA) governs the terms for transfer of licenses. Some EULAs for copies of certain older OEM operating system products (i.e., MS-DOS®, Windows® 3.1, and Windows for Workgroups 3.1) distributed in 1995 or earlier may permit transfer of the OEM operating system software license under limited circumstances. (See Software Product Transfer section of your End User License Agreement)

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So - according to Microsoft - if your computer has a melt-down after the warranty period - go buy another copy of the operating system.

...and anybody selling OEM Windows on e-bay seems to be in violation of the statement - question begs - why doesn't Microsoft prosecute then?

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Zenith

Which as I said earlier begs another question, how many or what parts of your machine can have a meltdown and be replaced before it's illegal to have the OS in situ?

In my case I still have the OS (original Nov 99 format) running on the HD in the same tin can. I also have the original DVD-ROM and floppy disk unit. Everthing else that came with it has been changed over the years, including the peripherals.

So it's a case of when is a computer still the same computer? If it's the CPU and mobo I'm definitely not one of the nice guys but if it's the HD I'm wonderful.

Either way I don't have much trouble sleeping, after all I paid for the software and it's only on the one machine.

DerekW

I was the one who brought up upgrades and repairs in relation to an OEM OS.

My take is that as each part is replaced in a system, it becomes a part of the OEM system. Consequently, even if every part is replaced at some point, use of the OEM OS is still legal - as long as there was continuity, for lack of a better term. So if part A is replaced by part B, then B has taken the place of A.

In contrast, if a user tosses an entire machine and buys a new one, the OEM EULA prohibits installation of the OS that was installed on the old machine.

Anyway, that's the interpretation I have been following for years.
Ed

Makes sense

DerekW