OEM Requirements

Technically, an OEM software package was sold to a PC mfg or assembler (OEM) to be included with a new system.
By the details of the ELU, that software package is only licensed to be used with the specific hardware that was sold with the package.
Many independant PC retailers sell OEM packages with hardware. The policies vary from store to store, but usually include HD, MB and or CPU purchases to qualify. Again, by the details of the ELU, the software is suppossed to be used only with that hardware.

At this time, there is nothing to physically prevent installing the software on another machine. The exception being "system restore" disks that are created for a specific system.

What the third party and auction sellers are doing is including a piece of useless hardware with the purchase. This keeps them within the letter of the OEM requirement.

This said, it is up to you to determine if you can abide by the requirements of the OEM ELU.

Hi,

Just to add to TheChas's comments.

When I bought WindowsXP, I bought the OEM version of WinXP along with a Harddrive. This was the minimum requirement for buying OEM WinXP (and may have been pushing it a little!)

The price, buying both,was actually a little cheaper than buying the Retail version of WinXP alone! So... hey, "free" Harddrive!

Cheers,
Tim.

I can expand a little more on this. Several years ago, when CD-ROMs were firse hitting the market, you could buy a bundle with the drive and a bunch of software on CD's. Some vendors would split the bundle, put the CD in a new PC, and sell the SW seperately. This is illegal. It the industry it's refered to as "gray market". Most big box makers, Dell, Compaq, etc. get deals on sw to ship with the boxes. They get this deal only if they don't compete with the retail products. Most dealers comply with this. The trouble comes with small shops that can't compete with the volume of the big boys. Looking for ways to make a few extra bucks, they sometimes, (or often) split the bundles. No one is going to come knock down your door if you purchase some of sw. The seller is the one commiting the real infraction. My biggest concern when I find a shop that sells OEM software is this. I know that they're cutting corners by selling this, so where else are they cutting corners? If they're violating OEM agremments, what else are they doing? I tend to be very careful dealing with stores that have these practices, because I know that their business is not strictly legal.
Hope that helps.