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OT: OEM Software. Is legal?
I saw in Internet software for selling at ridiculous low prices.
They call it OEM (.. it lacks manuals, promo-discs and bulk-boxes..).
Is that legal/
Best,
rafael -
6 Replies
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It generally is legal, sometimes it comes from manufacturers that were supp posed to bundle it with hardware, so in that case it would not be. The tricky thing is, it’s very hard to know if it is or not. In addition to lacking manuals, you also generally don’t get a warranty, tech support, or any 3 party products that might come bundled with it.
I buy OEM hard drives frequently, but not typically software.
Richard Sanchez
North Hollywood, CA“We are the facilitators of our own creative evolution.” – Bill Hicks
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[Richard Sanchez] “It generally is legal, sometimes it comes from manufacturers that were supp posed to bundle it with hardware, so in that case it would not be. “
I disagree strongly. It is considered theft under the copyright laws that govern software.
OEM software (Original Equipment Manufacturer) is licensed for use on specific hardware bundles, More common in the wintel world than on a Mac but technically it is not allowed to be sold or distributed independent from the “bundle”
It is often “ignored” by developers since the products were payed for in some manner- usually as part of an agreement for release or by the hardware people paying to have it included with their hardware- however under the Apple SLA’ s OEM software without the coordinated hardware is considered “illegal”.
I am continually appalled at the number of people here that keep trying to promote piracy of all kinds
(not you Rafael)Music, words, software and hardware all fall under the same laws governing copyright protection worldwide.
As an example I stopped giving out my presentation files a couple of years ago when I found someone presenting my work as his own at major industry trade show.
There is nothing like walking into a room and seeing someone poorly presenting YOUR WORK as their own (my name had been removed).
He got paid for botching my presentation and I got nothing for doing all the work building the preso.gary adcock
Studio37
HD & Film Consultation
Post and Production Workflows for the Digitally Inclined
Chicago, ILhttps://library.creativecow.net/articles/adcock_gary/AJAIOHD.php
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I stand corrected.
Richard Sanchez
North Hollywood, CA“We are the facilitators of our own creative evolution.” – Bill Hicks
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I also realized I worded that statement poorly, and implication was that in the case of the software being a part of bundled hardware, it would “not” be legal. Likewise, I am of your same sentiment Gary, that I do not promote piracy, and am too appalled at those who feel justified in pirating software.
Richard Sanchez
North Hollywood, CA“We are the facilitators of our own creative evolution.” – Bill Hicks
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[Richard Sanchez] ” Likewise, I am of your same sentiment Gary, that I do not promote piracy, and am too appalled at those who feel justified in pirating software. “
I wish more people would take that view Richard.
I have had more than a few people point at the iphone and proclaim “why can’t photoshop or FCP be that cheap”
the reason is simply that it is extremely difficult to transfer the UMID codes, just like a MAC address, these ID’s are machine specific.
When Adobe or Apple (or whatever company) can make software distribution models work like the iPhone where 99.99% of users pay to use the apps on a device by device basis the costs will come down. Something like Photoshop only has a paid user base of maybe 25-35% of all user, being one of the most pirated apps of all time, if adobe got paid $9.99 for every installed version of Photoshop they could have taken over the tech, advertising and video world a very long time ago.
I see the phone type app protocols taking over in the future since it can be very very profitable to create .99 cent apps. One friend of mine is making over $500K over the last 2 years on one single .99 cent app.
Makes me want to take up programming again.
gary adcock
Studio37
HD & Film Consultation
Post and Production Workflows for the Digitally Inclined
Chicago, ILhttps://library.creativecow.net/articles/adcock_gary/AJAIOHD.php
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Hi Richard and Gary,
Thanks for the info.
I’ve just come across with this OEM software and the truth is that is confusing because they sell it from what it seems a perfectly licensed web site.
In a professional environment, piracy just shows lack of professionalism. Good tools and in good conditions are critical. Pirate software isn’t it.
Professionals like to have little software but good.
However the prices policy of certain companies. some times it doesn’t helps to convince people.
You can not fight drugs abuse just with repression and laws.
There is a kind of mass-piracy (music, movies) that probably can be fought only in this way, but with the pro-piracy may be used other approaches and is something that the big companies have to do.
rafael
PS: Today I won’t complain about Adobe. I just keep waiting them to regularize their prices in this area of the world. They are loosing a customer
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