Windows 8 and 8.1 Forums


Win8 OEM System Builder License

  1. #51


    Posts : 2,156
    Win7 Ult on DIY; Win8 Pro on MBP/Parallels; Win7 Ult on MBP/Boot Camp; Win7 Ult/Win8 Pro on HP


    I can't agree with most of what you say. Thank you for your earlier clarification on the definition of a system builder in the context of the Windows 8 OEM System Builder Software/Personal-Use combination.

    I think MS has an obligation to define key terms in its EULA's in such a way that a large majority is able to understand what it's EULA's allow and don't allow. I think that if one delves into MS EULA's and their discussions, then he/she will see that there has been a great deal of MS generated confusion about the MS system-builder type product(s) and what differing classes of users, sellers, builders, and etc. can and cannot do with them. I am posting no links, but evidence of what I say is not all that hard to find.

    Edit: I decided to repy to what is below more specifically.

    Quote Originally Posted by Mystere View Post
    Quote Originally Posted by znod View Post
    The concept that anyone that intalls the system builder version under the personal-use license for own use is considered to have built his/her own computer is a bizarre concept.
    Quote Originally Posted by Mystere View Post
    It's not a bizarre concept because it's the assumed situation, so much so that you're the only person I've ever encountered who came to this other conclusion. It would be bizarre to think as you seemed to. That is why it's not explicit, because common sense simply tells that this would be the case.
    Im not saying that the ultimate result of the definition is bizarre. If that's what MS wants, then that is fine with me. The ultimate result is good news for those who want what amounts to a "Retail" version of Win8.

    I say that the MS approach to writing the Personal-Use EULA is conceptually bizarre because it is based on a completely watered down version of what a system builder is without clarification. I think that a great many think that a system builder is something more than just an individual that
    installs the system builder software for own use on one, and only one, owned computer at a time. I see nothing bizarre about thinking this way. I personally wouldn't consider myself to be a system builder if, for example, all I did was install software, including the system builder software, on a machine that I buy ready to go in all respects from a computer manufacturer/seller. To me, building a system involves some hardware assembly. And, to me, just installing, for example, a hard drive along with software, including the system builder software, would not be enough to qualify one as a system builder. I choose not to be precise at this point in saying exactly what hardware assembly I would "insist on" in defining system builder.

    Every individual has the right to define system builder however desired. Given this observation, I think it is quite important for MS to at least say, in the EULA, that an individual considering purchase can define system builder as one
    that installs the system builder software for own use on one, and only one, owned computer at a time. Under this view, it should be clear that a system builder could install the system builder software on a single partition, a partition related to a multi-boot, and via a local virtual machine.


    Last edited by znod; 01 Jan 2013 at 07:05.

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  2. #52


    You know, if only PC builders will actually build PC, you will not have to be confuse. I prefer be confuse a little bit than have no choice to build my PC like in the case of Apple. MS is making a favor to everyone with this Builder Edition, it cost the same as an OEM and it's transferable. Anyway it's only the continuity of what they already practice with 7 and XP, as they never on the phone refuse to activate an OEM that as been transfer even if it was against the EULA. As long as it was only on 1 PC.
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  3. #53


    I knew I should stay out of this debate. However, my sons immediate family have 5 computers. There is quite a difference between a $130 OEM builders license and 5 Windows 8 purchases in March 2013 at $199 each !

    Here's some interesting information about the legalities:

    End-user license agreement - Wikipedia, the free encyclopedia

    When I worked for a major Fortune 500 manufacturer product liability laws were a hot topic.

    I don't know what MS's lawyers have in mind but I do know that they will try to tilt it towards their client. From the referenced article it is also clear that the manner in which a law suit is handled varies from State to State. And from my own experience I can say that the outcome of a suit will also depend on which judge presides. They all have their own personal slant on things depending if they are a Liberal, Progressive or a Conservative. So it seems that the actual MS "Shrink wrap" and "click wrap" agreements can be interpreted in a number of ways. And so it goes to the court of appeals. And on up.

    I would find it hard to imagine that a multi billion dollar corporation such as Microsoft would go after a little home owner who scattered a Windows 8 download among several computers. The world is full of unsavory, unscrupulous characters who lie, cheat, steal and game the system. I read here, and learned from E-mail, that Microsoft will not permit downloads to China. I don't know how many other countries are also on the banned list. But the lawyers are most probably trying to cover all imaginable contingencies to prevent pirating their software. Or to have one copy prolifically scattered all over the neighborhood, county, state, nation.
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  4. #54


    Quote Originally Posted by wetibbe View Post
    I knew I should stay out of this debate. However, my sons immediate family have 5 computers. There is quite a difference between a $130 OEM builders license and 5 Windows 8 purchases in March 2013 at $199 each !.
    You come with this in about 5 post everyday, where are the facts that support it will be $ 199 in March ? NewEgg sell them at $ 139.99 , I bet you it will be at $ 130 all the 2013 years if not less. And this is the price of the Pro. regular users will use the $ 99.99 version. If MS make us pay $ 200 for an OEM, I will install Linux, that's for sure.
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  5. #55


    Posts : 2,627
    win8.1.1 enterprise


    Quote Originally Posted by molebo View Post
    Quote Originally Posted by wetibbe View Post
    I knew I should stay out of this debate. However, my sons immediate family have 5 computers. There is quite a difference between a $130 OEM builders license and 5 Windows 8 purchases in March 2013 at $199 each !.
    You come with this in about 5 post everyday, where are the facts that support it will be $ 199 in March ? NewEgg sell them at $ 139.99 , I bet you it will be at $ 130 all the 2013 years if not less. And this is the price of the Pro. regular users will use the $ 99.99 version. If MS make us pay $ 200 for an OEM, I will install Linux, that's for sure.
    Windows 8 pricing overview -

    from the link above .
    Windows 8 Retail

    • Microsoft Windows 8: available for $99.99 during the promotional period
    • Microsoft Windows 8 Pro: available for $139.99 during the promotional period

    You are probably also interested in how the pricing will change after the promotional period ends. Some offers won’t be available anymore after that period.
    Windows 8 Upgrades after January 31, 2013

    • from old versions of Windows to Windows 8 Pro: the upgrade will cost $199.99 after the promotional period ends. That is roughly three times the price it costs during the promotion.
    • from Windows 8 to Windows 8 Pro: this will retail for $99.99 after the promotional period.

    Windows 8 Retail after January 31, 2013

    • Windows 8: available for $139.99 after January 31, 2013.
    • Windows 8 Pro: available for $199.99 after the promotional period.
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  6. #56


    Posts : 2,156
    Win7 Ult on DIY; Win8 Pro on MBP/Parallels; Win7 Ult on MBP/Boot Camp; Win7 Ult/Win8 Pro on HP


    And, the thread marches on. If anyone is interested, then here is a discussion, by a pretty highly regarded member of the "computer press," that deals with "System Builder licensing on Windows 8." It also gets into issues related to similar licensing WRT to Windows 7. Be sure and read the links in his discussion. The comments also are somewhat interesting. I think you will be able to relate Bott's talking points, and those in his links, to things discussed in the "main" part of this thread.
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  7. #57


    I drink this up like a sponge. Can't speak for others.

    So long as you post I will read.

    Happy New Year to you and yours !
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  8. #58


    Posts : 2,156
    Win7 Ult on DIY; Win8 Pro on MBP/Parallels; Win7 Ult on MBP/Boot Camp; Win7 Ult/Win8 Pro on HP


    Thanks. Happy New Year 2U and 2 your family 2. Assuming the thread persists, I will discuss to some extent and will continue to post interesting things I bump into that are pertinent to the "main" part of the thread.
    Last edited by znod; 31 Dec 2012 at 19:20.
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  9. #59


    Posts : 2,627
    win8.1.1 enterprise


    i will wish a happy new to all ,
    and i did enjoy reading this thread ,and im and always was confused by Microsoft and there terms of agreement ,and have to add i never really paid to much mind to al lthe techinal stuff in the EULA

    just want to add this ,way-back when i was chosen to host a win7 coming out party and received a signed copy of win7 ultimate, 2 dvd set ,32bit and 64bit dvd,and i have installed it on as many as 4 different computers ,all my own ,and only ever 1 at a time ,had to call Microsoft twice for activation,,as it would not auto activate ,and had to say yes to the question is it installed on only 1 computer .


    i will click on the link above and read some more with an open mind . !!
    Last edited by caperjack; 31 Dec 2012 at 19:35.
      My System SpecsSystem Spec

  10. #60


    Posts : 2,156
    Win7 Ult on DIY; Win8 Pro on MBP/Parallels; Win7 Ult on MBP/Boot Camp; Win7 Ult/Win8 Pro on HP


    Cool. And, a happy new year 2U2.
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Win8 OEM System Builder License
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