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174253
March 24th, 2009 16:00
OEM Licensing, EULAs, and Dell
Hello,
My boyfriend recently had his XPS M1530 replaced by dell for a Studio XPS 1640 (he has gone through previous systems also). When they shipped the studio xps they shipped it without Microsoft Office, which he paid for the professional addition with his computer.
The installed copies of Office that dell puts onto consumer computers are OEM copies, correct? (They come packaged like OEM, and come preinstalled...) According to everything I have found it appears that this software is attached to the original computer it was shipped with by Microsoft's terms and conditions (EULA) the links below show my research:
(http://download.microsoft.com/Documents/UseTerms/Office%20Professional_2007_English_da39e5b2-7c24-4031-be4e-d9241ea38d1d.pdf
page 8, section 2 "The software license is permanently assigned to the device with which you aquired the software"
http://office.microsoft.com/en-us/suites/fx101678741033.aspx
"OEM License Terms limit the installation to the device on which the software was pre-installed."
http://blogs.msdn.com/mssmallbiz/archive/2005/06/06/425681.aspx "
4) Can I uninstall my OEM software from one machine and install it on a new or replacement machine?
- ANSWER: No. OEM software has no transferability of license rights. This is not new and has been the case for a long, long, long, time. Look in your End-User License Agreement (EULA) for your OEM software. You will notice it does not include Transferability of License Rights. This is just one of the many differences between OEM and Retail or Volume License software. For a more in-depth comparison of the various licensing types, I would recommend either viewing the, "What is the difference between OEM, Retail Box, and Volume Licensing software? Which is right for me?" video we have posted on the Microsoft Small Business Channel Community Site in the Common Question and Misconceptions section or read through the, "Open vs. Retail Print Version" document we have posted in the MS Small Biz Shared Documents section of the Microsoft Small Business Channel Community Site."
Now, Dell is refusing to replace Microsoft Office for my new system (even though the warranty says I should get everything my original system had) and I have had TWO reps tell me that dell policy is for me to reinstall on my new computer (illegally)
Am I interpreting Microsoft's EULAs wrong (if so, how?) or if not, did I get bad reps? I do not see how Dell can get away with telling me to perform an illegal action(I have tech support chat transcripts supporting this). I am at the point that I am going to contact my state AG, and Microsoft's anti-piracy division if Dell does not wise up and provide thier customers with legal software instead of telling them to do illegal activities
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Paladin732
28 Posts
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April 20th, 2009 15:00
Bill,
I don't see how you guys can tell me that without producing any proof at all. Also, if the Dell OEM COA covers all flavors of vista, why are the specific flavors printed on each one, why not just say "Windows Vista ANY" or "Windows Vista". I find it very hard to believe that the OEM COA covers all of them, MS charges you different prices for the different OEM COA (ultimate, business, premium, basic), so how does a premium one cover ultimate?
Finally, I am extremly dissatisfied with this system in general anyway, besides these massive licensing issues which I have yet to see any proof that what I am being told is correct, and therefore can not take what you are saying at full value (the law says I need documentation, or else I need to follow the EULAs), the system is insanely heavy. I now have chronic shoulder pain when carrying the 16 around campus. I am going to have to sell this laptop and buy a new one... The right thing to do would be to let me return it so I can buy a different laptop, as these licensing issues are obviously not getting addressed and this new system is not "same or better" then the old one, because it is WAY heavier. "Same or better" would be less weight and not cause me shoulder pain...
Paladin732
28 Posts
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April 21st, 2009 09:00
think of that extra ~lb as "the straw that broke the camels back". The m1530 was heavy to begin with, adding an extra poung(about) is the difference between shoulder pain and just "heavy"
bweed6
806 Posts
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April 21st, 2009 09:00
by the numbers, your boyfriends machine that you're carrying around weighs about 11 ounces more than the old one. if the extra 11 oz is causing you "chronic shoulder pain" you may want to consider seeing a doctor or physical therapist.
Paladin732
28 Posts
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April 25th, 2009 17:00
think of that extra ~lb as "the straw that broke the camels back". The m1530 was heavy to begin with, adding an extra poung(about) is the difference between shoulder pain and just "heavy"
[/quote]I am still waiting on a reply from dell
hrova
2 Intern
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2.2K Posts
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April 25th, 2009 19:00
"I am still waiting on a reply from dell"
I doubt an exchange would be granted, as you have apparently had it for quite a while, at least over a month.....
bweed6
806 Posts
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April 27th, 2009 06:00
dell bill b works for dell. he said "The Dell OEM COA covers all flavors of Vista. You can install away.....".
that's not a reply?
Paladin732
28 Posts
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April 27th, 2009 10:00
Paladin732
28 Posts
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April 27th, 2009 12:00
No I have not, because even if it is activated, it is still against the EULA. You have yet to provide me any documentation showing me that the Vista license is irrelevant and that office can be moved. However, I have provided a large amount of information showing quite the contrary.
bweed6
806 Posts
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April 27th, 2009 13:00
i think if i was that worried about it, i'd just print out the post where the dell employee is telling me it is ok, and move on with my life. that way when the microsoft police come and kick your door down in the middle of the night, you can show 'em that.
Paladin732
28 Posts
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April 27th, 2009 13:00
So its ok to steal as long as you don't get caught? That is what I am interpretting what you said as. Wether or not Microsoft ever finds out, or even cares, it is still a violation of the EULA and I am not comfortable violating them, Dell as a company should not be suggesting violating them either (no matter what anyone says, unless the end user has proof that Dell has an alternate agreement, it can still be illegal), as it is breaking the law(its more civil then criminal, but its still the law regardless).
bweed6
806 Posts
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April 27th, 2009 14:00
it's not stealing. a dell employee has told you that loading the software does not violate the license or eula, but apparently your interpretation and understanding of software licensing agreements supercedes that of individuals that actually do this for a living. if bill gates called and said it was ok, you'd probably argue with him too lol.
Paladin732
28 Posts
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April 27th, 2009 14:00
What do you mean?
Rebel9
2.9K Posts
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April 27th, 2009 14:00
And why do I get the feeling that the OP is a TROLL??
NOTHING that ANYBODY says is going to change the OP's mind. She's a wanabe "legal expert" and her legal "opinions" far supersede the knowledge that anyone else (including the company that distributes the software and has legal agreements with Microsoft) may dispense.
Why is anyone bothering to respond further to this? Talk about BEAT A DEAD HORSE !!!
hrova
2 Intern
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2.2K Posts
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April 27th, 2009 14:00
Why do I get the feeling there is more to this story than the OEM license?
Paladin732
28 Posts
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April 27th, 2009 15:00
I don't see how wanting to follow the EULA makes me a troll. Also, I don't see how I am automatically a girl because A: its my boyfriends computer and B: I'm complaining. I happen to be a guy, thank you very much.
As for "Nothing that ANYBODY says...." If I can be shown a document that says this and not just "word of mouth" I will be satisfied. As it is I filed a complaint with BBB today about this, seeing how I have yet to get a satisfactory response on this forum.