OEM Software Legality

  • I want to know what rights I obtain to use software when I purchase an OEM version? Does that give me the right to install the software newly on my computer? Specifically, I'm curious about Microsoft and Adobe software purchased on eBay?


  • the typical end user lisence for oem software is that it is to be installed and used only on the hardware the software was bundled with. therefore, you are not to sell the software seperately from the hardware, nor install it on a computer that the software did not come with. sometimes there are actual restrictions such as copy protection to this end, sometimes not.


  • oh as a side note, microsoft and adobe have been trying to crack down on sales of their software on ebay. a lot of that software is entirely illegal or grey market. even when the sale of software is entirely within your end user rights, microsoft or adobe may complain to ebay who will pull the listing. ebay's policy on this is to not reinstate a listing that was pulled for this reason, even if you can provide reasonable reassurance that the item in question is legitimate. though this is frustrating, it is somewhat understandable given the high rate of questionable software sales made on ebay.


  • It seems that eBay isn't getting rid of the OEM software sales because it's so prevalent and done by lots of sellers with high feedback values. Indeed, it just can't be illegal to sell this stuff since even Google has plenty of OEM software sites advertising right here. My question is regarding the usability of such an OEM license though. Just because it's legal to buy and sell the OEM license, does it mean that the license bestows any particular useful rights to me. I mean, I've seen OEM sellers say that the OEM software is useful as a backup. So what? I can make my own backups... The Microsoft and Adobe links on the following URL say they have more information, but it's not clear what they mean: http://www.pages.ebay.com/help/community/vero-aboutme.html#software. Are they saying I can buy an OEM version of Microsoft Office 2000 or Adobe Acrobat 6.0 (the two programs I'm interested in right now) and install it on a new machine? They don't say. The eBay link at http://pages.ebay.com/help/policies/oem.html also doesn't answer definitively. It mentions that the OEM software must be sold with hardware... But what hardware? I saw a power seller on eBay say that he was selling his OEM software with a memory stick in order to follow the licensing agreement... In one place, eBay says to "Watch out for OEM software.". So what does that mean? That we can't buy it? I wonder if the manufacturers really don't want us to know that the OEM software is legal to use and so that's the reason they won't explain it straight. If it were clearly illegal, don't you think they'd stop beating around the bush in their explanations and tell us outright?







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    8 January 2009 | cameltoepants.com | edit