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#21
This is a grey area - the definition of system builder is unclear. You can buy a system builder licence if you build a pc. If you change a mobo, that counts as well. However, if you just change a hard disk, the distinction gets blurred.
Anyway, MS really do not care - oem system builder licences have been sold for many years (certainly as far back as Windows 7 at least) and MS make no attempt to stop this practice - they do stop companies abusing a volume licence key arrangement though.
Just my opinion, but this is the only online dealer I would trust.
Windows 7, 8 and 10 Home and Professional - Newegg.com
Micro Center would be a great place too. There is a store in Cambridge.
Microsoft Windows 10 Home 32/64-Bit - USB - Micro Center
Microsoft Windows 10 Pro 32-bit/64-bit - Micro Center
I guess that is why Microsoft felt the need to clear up the "grey area" on their website:
Communication page | Windows system builder licensing for personal use
"If you are building a system for your personal use or installing an additional operating system (OS) in a virtual machine, you will have to purchase a full version of Windows 10, available in FPP. Windows 10, Windows 8.1, and Windows 7 system builder software does not permit personal use and is intended only for preinstallation on customer systems that will be sold to end users."
How much clearer can Microsoft make it? And on Tenforums, we don't talk about what Microsoft does or does not enforce. We talk about complying with EULA. Lack of enforcement does not change the rules.
Hi there
like all laws this is open to interpretation. Presumably that's why in most sensible countries (fortunately most of the planet) there are competent Courts who deal with this type of stuff.
What constitutes selling to an end user though --If a friend asks me to build him a system and I do it from scratch and sell it on -- I am selling to an end user -- unless things like numbers / sales volumes / business registrations etc are required by the EULA then this is indeed the greyest of grey areas.
The Intention is clear -- Ms doesn't want individual users to get a ridiculously cheap OEM License instead of a proper retail version --however the Intention or even the Morality doesn't constitute physical LAW.
I don't really think though Ms is seriously worried about a few individuals doing this -- especially now it's been a few years since technically the free upgrade to W10 from W7/W8/W8.1 expired but as of last week it's still working. Are people doing that contravening the law ?? -- my view (although don't quote me as a legal expert) is if there's a flaw with the ms licensing system it's up to Ms to fix it. !!
Cheers
jimbo
IMHO if MS was really that concerned about a individual buying and installing a OEM version on their own computer all they would have to do is make all OEM versions available in volume license only. For example 10 or more license packs. That way if one only needs one license then it would be cheaper to buy the full version. Either way it doesn't affect me because it's been many years since I built my own computer.
We have to remember what we are walking about when we say EULA - End User License Agreement. When you purchase a fully packaged OEM System Builders edition of Windows 10 it comes with a DVD. When you "break the seal" on the DVD (install the software), there is a separate license agreement included to do that. So when we are talking about installing OEM System Builder Windows 10 on a computer, we really need to be talking about that "breaking the seal" license, not the EULA. Now, I have not had a fully packed OEM System Builders edition with a sealed DVD in my possession since Windows 7, so I can't speak to how that license is actually worded, I can only go by what Microsoft claims that it says on their website.
The fact is, though, we simply cannot apply the terms of EULA to the installation of the OEM System Builder software. The EULA is presented at the OOBE phase after Windows in installed, and it would assume that the actual installation of that Windows complied with license agreement to install it.
Sorry folks, been away a few days.
Lots of great info here. Good conversation.
I pulled the trigger and bought the full retail USB stick version from Amazon for $187.10.
I will certainly post my findings here if anything comes up wonky.
I decided that since virtually every OEM labeled version license from anywhere was $140, give or take a dollar or 2, that any version sold for $140 is the OEM version, and that any version that sold for near the full retail price of $199.99 was the retail version.
Now I could be wrong about that, but that is the logic I'm going on.
Vendors are free to price their products as they wish and places like Newegg will often cut their margin for the bigger marketing picture. And Amazon is always undercutting the competition by a buck on everything they sell. This all makes sense if W10 is like any other retail product: $25 to produce, $50 to the wholesalers, $100 to the consumer. It all comes apart if Microsoft demands full retail price from all distributors.
I chose to go full retail because I have always done that going all the way back to XP. I just don't want to have to deal with any legal shenanigans for any reason, and I've been on the phone with MS to move licenses more than once. It takes long enough when you are in the right.
I bought a legit Windows 7 "Family Pack" (3 licenses for the price of one) off the store shelf and everything went great until that 4th system rolled about - uninstall off of system #1 to install on system #4. That was a LONG phone call. It ended up being me getting to a tech that took over remotely and just overrode everything and got it activated.
I'm not interested in doing that dance again!