Interesting. How does this work if you just sell a computer on with no disk and no recovery partition but with the original coa intact?
There in lies the problem Martyn. Seeing as MS would view that pc as a refurb pc, it would require a disc and or recovery partition.
That is what my fight has been with MS about. We have the original COA, we can install the OS with our discs, the machine gets activated, so what is the problem?
My initial question to MS was if a client comes in with say a HP laptop running Vista, or a Dell running Win 7, and the drive requires a reinstallation of windows; due to file corruption or virus issues, as long as I am using my clients COA, can I use my own hologrammed installation media. I have purchased copies of all versions of Vista, and all versions of Windows 7. (Which has cost me an incredible amount of money. Which if what you say is correct, is now wasted!).
I would not be using my COA, but my clients, which is attached to the case, or laptop. My own OEM media will activate on the clients machine, using their COA.
To be pointed towards this.
Can I create my own recovery disks and sell these with the computer systems that I build? I have heard that direct OEMs can do this, so why can't I?
A. No. System builders may not offer a recovery solution with removable media (e.g., a recovery CD) because it is prohibited by the terms of the Microsoft OEM System Builder License. A full version of the Windows operating system is provided on a hologram CD in the Microsoft System Builder pack for each end user, and the CD must be transferred to the end user at the time of distribution. The hologram CD acts as the recovery media.
However, system builders can offer a hard disk recovery solution in addition to, but not as a replacement for, the hologram CD. Third-party software companies can also help system builders do this. Learn more about the technical requirements for this type of hard disk-based recovery solution .pdf 1.8 MB.
System builders are bound by the Microsoft OEM System Builder License, affixed to the side of the System Builder packs, which is different than the direct agreements utilized by direct OEMs. The licensing terms for system builders and large OEMs are different because they are designed to address the specific needs of each community. The right to create recovery media is limited to the OEMs with direct agreements; however, these OEMs are also bound by other contractual obligations. The OEM System Builder License is designed to make it easy for system builders to acquire and distribute genuine Microsoft software, and accordingly, its terms are different.
I emailed back saying that..
This does not in any way shape or form, mean I wish to create my own recovery discs, and sell them with the systems I build. I already know that I cannot do this.
I would like a more in depth reply to the query posted please, if at all possible.
I finally received a mail off the guy last week stating.
The web link I sent you as you correctly pointed out is with regards to selling the recovery disks with the systems you build, however, the same rule applies even if you are using your own media just for reinstallation and using the customer’s COA.
Hence, it always has to be the client’s original media and key.
In exceptional circumstances where the distributor is no longer in business can the customer contact Microsoft® Direct Services for replacement media.
If you have any more questions please give us a call on 0844 800 2400. Our lines are open Monday to Friday 8am - 6pm. Of course if you prefer, please send me an email.
Basically they claim we have to use the clients own media and coa. If there is no media available, then we HAVE to contact the Manu for recovery media. We cannot use our own installation media and the clients coa.
They claim that if the manu does not have the recovery media due to age etc, in exceptional circumstances they will send (sell) media out to us.
I tried that a couple of weeks back. Saying that I needed media for x machine. I contacted the Manu, but due to the age of the machine they no longer stock it.
Reply was, what is the coa details, is it OEM or retail. Told them the details. To be told, oh sorry thats a COA licence. (No sh!t sherlock), yes I know that.
Sorry we can only send recovery media for a retail licence!. In order to reinstall the OS on that machine, the only option available is to purchase Win 7 Ult, and use the downgrade rights to utilise the original COA.
If the machine is Vista, then forget that, as its not available for sale now (officially).
One possible way out, is to 'refurb' the machine. But in order to be able to do this, the machine can not belong to the original owner. It would have to be 'donated' or sold to you. For you to do the refurb, get a refurb licence (packs of 5 min at £6 each), and then sell or donate that pc. Again you cannot sell or donate it back to the original owner.
What we also officially cannot do, is to build a new computer, install windows, activate it, and then install our usual programs. Reason for this, is the client has to be the one to agree to the EULA.
We have to build a iso, using a OPK, (which you can alter to include your chosen programs - same as the cookie cutters do). Then simply image that over, so the client accepts the eula, and not us.
Edit to add: AMOED - I am not a expert by any means, but I will help with any questions you have. I will only be able to give advice on what I have researched and my email conversations with MS though. Please ask the questions in your own thread (Just so this thread does not get hijacked). Many thanks