"Rainald Taesler" <taesler@gmx.de> wrote in message
news:uIeUxIa%23IHA.220@TK2MSFTNGP06.phx.gbl...
>
> I saw that before (someone had announced that in this NG) and really
> wondered how Newegg can afford to run into serious conflicts with MS.
>
> I'm pretty sure that this is an offer conforming with the valid legal
> patterns.
> IMO Newegg clearly violates the licence conditions and so does the
> end-user who works with this software.
>
> Just see the "Disclaimer" in the upper right corner:
> "Use of this OEM System Builder Channel software is subject to the terms
> of the Microsoft OEM System Builder License. This software is intended
> for pre-installation on a new personal computer for resale. This OEM
> System Builder Channel software requires the assembler to provide end
> user support for the Windows software ... "
>
> Also:
> http://oem.microsoft.com/public/sbli...se_english.pdf
>
> MS never sold XP TabletPC edition separately. It was strictly bound to
> the hardware manufacturers.
>

Do you honestly believe that if MS had any legal way to prevent the sale of
any OEM packages that they wouldn't exercise those ways? MS doesn't worry
about it because they've already been paid, they don't have to provide any
form of support and once activated, that OEM package is tied to one specific
piece of hardware.

Why should outfits like Newegg be stuck with software they can't sell just
because MS no longer wants it put into new hardware? If MS doesn't like it,
they can always drop the OEM business model. Sell nothing but full retail
packages, even to system builders. Force the builders to provide actual
media instead of hidden partitions and backup utilities. While they're at
it, eliminate the ****ed Upgrade packages.

I used my Vista Ultimate Upgrade package illegally. I did a clean install
on a blank HD without providing any proof of ownership of a valid OS before
hand. I'm gonna burn in hell for sure.