Donald L McDaniel said:
On Wed, 22 Nov 2006 12:10:08 -0000, "Mike Brannigan"
Mike, are the websites offering XP Pro (Generic OEM) with an upgrade
coupon for Vista in compliance with Microsoft's policies?
As a corollary to that, is Microsoft going to offer a Generic OEM of
Vista (without the purchase of an entirely new computer) at a
reduced
price, as they did with XP?
Donald L McDaniel
Please reply to the original thread and newsgroup
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OEM Media to the general public from a distributor - is/was a huge
issue.
In the distant past OEM media was supposed to only be available to OEM
to pre install the then ship with a PC.
There were various issues and a few court cases which resulted in the
sale of OEM media with qualifying hardware.
The old court cases allowed this to be "any piece of hardware required
for the operation of a PC" so this was usually taken to be a major
hardware components such as a mother board, CPU or hard disk etc.
This went on and then more action and it became obvious that a $2
power cord was a required component so that was allowed and then it
escalated to effectively being the position of a screw and in Germany
the courts just demanded that the OEM media be allowed for sale to the
general public with no hardware (issues with bundling and tying etc)
so the position today is a lot of distributors will sell OEM media to
the general public, some still require you buy a major piece of
hardware , many allow a minor piece that you chose to not even receive
etc.
So the upshot is that OEM media effectively arrives in the hands of
end users directly and not via a system builder or OEM.
Hence the interesting issues with the Express Upgrade coupons which
are supposed to be supplied by your OEM with the appropriate
serialization code on them etc but since you are the OEM as you
purchased the media directly you can see the odd person post here
trying to get through the web site without a receipt for the PC as
there isn't one as this is just a media/license and coupon purchase
etc. I believe the last poster I saw succeeded in the end
So in short the sale of OEM media with the coupon is as far as I am
aware, OK, the interesting part comes when end users begin to try and
go through the web site to claim this Express Upgrade without the
coupon actually coming from an OEM.
Until the general availability date I doubt you will see OEM Vista
DVDs for sale, post GA, I honestly don't know but at a wild guess I
can see no reason or way it could be stopped anymore then OEM sale of
XP could be stopped now.