Legality of selling OEM software

[Lyris]

I'm doing my usual Summer-time clearout and was wanting to sell an old copy of Windows XP Home that I got with my old computer in 2003, on eBay.

eBay's rules state that OEM software must be sold with computer hardware. Would it be completely legal for me to sell this copy of Windows XP and throw in a "complimentary" old CD burner I have lying around, to satisfy their rules?

[AllYourBase]

I honestly don't think eBay pay much attention to that rule. It is rife with OEM software.

[briareos_kerensky]

There are normal stores that sell OEM software without any kind of hardware with them, so as long as your copy has the OEM sticker intact I don't think anyone will complain.

[Lyris]

Crap, there's another problem. The sticker's on top of my old case.

[bootmonster]

you do have to sell it with hardware afaik but there is no specification of what the hardware has to be.an old dvd drive etc will do, however, its the key they are paying for really so microsoft aren't too bothered anymore. i have heard stories about people with hookey copies of xp pre-installed on their machines (purchased from you're local independant pc store ), in their blissful ignorance phoning microsoft saying automatic updates don't work and being given a legit key for nothing.

it's a funny old world.

[Hohum]

Regarding OEM copies: these are usually tied to your hardware once activated, so trying to install on another pc won't work. This is definitely the case for Vista, although I've heard that XP is slightly more relaxed in that regard... just a heads up though.

[Zanza]

I've had my unused OEM copy of Windows XP Media centre 2005 removed from eBay several times, gits won't let me flog it.

[JohnMcL7]

Regarding OEM copies: these are usually tied to your hardware once activated, so trying to install on another pc won't work. This is definitely the case for Vista, although I've heard that XP is slightly more relaxed in that regard... just a heads up though.

You are correct and XP should be the same although if you get a lenient rep they may activate for you. Although legally Microsoft don't detail the hardware the OEM copy has to be sold with in practice they've chosen the motherboard as it's a central part of the system. When an OEM copy is activated for the first time it is then tied to that motherboard - if you try and install the license on another machine entirely then MS shouldn't activate it. Retail licenses can be transferred between PCs as long as it's uninstalled off the previous PC it's one of the main differences between OEM and retail.

I know some people who have had no trouble activating at all and others who have had difficulty getting even a legimate OEM license activated so there is variance in the system.

However the only OEM license that should really be sold is a sealed one which is unused, you shouldn't be selling one which has been attached to your PC and ebay are right to remove this type of auction.

John