VB Expressions
Consulting – Computer Systems and Networks
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VB ExpressionsConsulting – Computer Systems and Networks
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OEM Software!?**SPAM** What IS 0EM Software And Why D0 You Care? If you’re as lucky as me, you get a message with this title in your email inbox every other day. Other common subject lines these days: “<Fill in the blank with some new product> is READY to DOWNLOAD!” and more recently “<Product Name> Only $79 At Darr’s.” Many times these emails imply that you have already had a business relationship with the sender. Your "helpful" friends and co-workers may also share this information with you as a printout as well. These messages are of course scam emails from software pirates. There is normally a lot of verbal "hand-waving" in the notes about the fact that the sender can offer name-brand software at such low prices because they don’t offer CDs or CD cases and don’t supply printed manuals, but the simple fact is: these folks are thieves. (How much do CDs, CD cases and manuals cost, after all?) It is easy to prove this fact from the most recent mailings. Most offer products for downloading / purchasing that aren’t even OFFERED to retail customers. The most obvious example is Microsoft Office® 2007 Enterprise. This product is available only to volume licensing customers with agreements directly with Microsoft or authorized resellers; there is no advertised retail price, and the cost in a volume agreement depends on many factors. Volume pricing is no closely held secret; see the NY State Bid pricing for Office 2007 Enterprise. It is much higher than $79! (For your edification, a description of the retail offerings for Office 2007 can be found at this retail link; the combined volume and retail offerings are here.) The implication that you have had previous business relationships with these shady vendors is intentional: they want to intimidate you from reporting them. There are serious liabilities for the theft of intellectual property such as software, as there is for other copyrighted materials such as music and movies. While a business with pirated software is unlikely to be subject to criminal charges, the industry organization Software Business Alliance, (SBA) which advertises frequently on job hunting Web sites, will offer a “settlement” that will “allow” you to pay for the software plus damages if you are unfortunate enough to be cheated by a pirate's scheme, and then investigated by the SBA. (I find it humorous that the scammers resort to “tricks” such as substituting zeros (0) for ohs (O) to get through SPAM filters. Do they think that people will say: “Oh, it’s so smart that they tricked the spam filter, so they must be smart, so I guess I’ll do business with them!” Isn’t it more likely that folks will be upset to see solicitations they don’t want in their inbox?) Because of the widespread piracy of software most vendors are resorting to authentication of their products online before you can use the features of the product. Even for valid licensed copies, this authentication step can be prone to errors and problems. Although it is easy to blame the software vendors for these issues, the software companies are in many ways the victims themselves; it is the existence of pirates who really are to blame for your loss of productivity. Properly Licensed OEM Software There IS such a thing as "legal" OEM (Original Equipment Manufacturer) software: and VB Expressions will provide it if it is in YOUR best interest. Typically this software is supplied ONLY with a new computer OR with a significant upgrade to one you already have. Indeed you will get no box nor plastic CD case with true OEM software; you will get (for Microsoft operating systems) a hologrammed CD and a small printed manual, plus a hologrammed “Certificate of Authenticity” (COA) attached to the case of your PC. (If you have ever purchased a new PC from a major manufacturer, you probably found an OEM package in the box, and the COA on the case.) Other applications' OEM distribution details will be somewhat different. OEM software CAN be less expensive to license than retail products (although never as cheap as the pirates claim) but it also comes with significant usage rights limitations: OEM software is permanently tied to the PC system on which it was originally installed, so if the PC is retired, SO IS THE SOFTWARE. Retail packaged software licenses, although more expensive originally, can be moved (not copied) to another PC if the first PC fails, or its function is changed. So, can an end user buy and use OEM software if they like? Well, nothing stops you from buying real OEM software packages from software dealers: they are allowed to stock and sell it. The software can be installed in a similar fashion to other software, so if you have the requisite skills, that’s no barrier. However, there is one additional hurdle (for Microsoft products at least): there is an OEM license agreement that must be agreed to, which states in part that the installer will use OEM partner tools to do the installation, and that the installer will provide end-user support for the product! This agreement is in addition to the end-user license agreement (EULA) that the first user must agree to before the software is used. You must agree to BOTH license agreements if the product is to be considered properly licensed. If you take entering into agreements seriously, then you must have a process to abide by both agreements. So what do you save actually by going with OEM software? System builders (such as VB Expressions) are not allowed to quote the prices separately. You can probably find the pricing on the Internet if you search. Look for big-name Web vendors who offer sealed, multi-copy distribution boxes first. (Note that eBay OEM software offerings are often counterfeits, or are re-sold copies mis-applied to the auction sellers' PCs, and perhaps still in service.) If you do the research you will find that most OEM software is similar in price to upgrade versions of the same title. So, if you have an existing PC with a qualifying previous product, there’s little money to be saved by buying OEM software. If you compare to full retail packaged product the savings can be as much as 40-50%. However, if the PC you put the OEM software on becomes a “casualty” you will have to re-purchase the OEM software for its replacement to be legally authenticated. So the question becomes: "what is it worth to me to not worry about my rights to use the software on my PC? Should I risk embarrassment and legal fees and time-mangling negotiations, and should I stay completely above-board, loading just the software I can use productively and affordably?" Of course VB Expressions wants you to succeed. We have spent a lot of time learning about licensing and are ready to guide you to the best decisions you can make. |
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