O.E.M Software

Miscellaneous Forums/General Discussion/O.E.M Software

Hello

I came across a site ,offering OEM software at cheap price.
Ok, generally speaking this kind of software is illegal,for commercial applications.
No point.
However I went through the BSA (Business Software Alliance)site.
I understood that you can be punished only if you use this software for profit
Hobbyest game programmers should be allowed to download , to use and to make a copy for personal use of OEM software.
What's your opinion\ experience ?

There are various technical rules about OEM software. You can't buy a OEM version of Windows on its own, but if at the same time you buy a bit of hardware that is required to use the software (e.g. a cheap USB mouse) then you count as an OEM and it's fine. :)

Probably varies by software and the seller's licence though.

Most sites offering "OEM software at cheap prices" are selling pirate software. I get emails from them daily. Without knowing the site you're talking about, I couldn't possibly say, but unless you're 100% sure you're not paying a considerable sum only to end up with warez, I would move on to someone you are 100% sure of.

the site I was talking about is :

Item #1 from their FAQ:

Our site is a warez shop


I think that pretty much says all...

Alberto - you need to remove that link from your post above ASAP.

sorry what does "warez" mean ?

It means its pirated software. Illegal copies.

Alberto - you need to remove that link from your post above ASAP.

How can I do it ? the "cut" comand is disabled

Click the "Edit" link next to the post that you want to edit (top right-hand side).

The prices also tell a lot. They are selling software that costs around $2000 for $40. :)

I'm just curious, how are such sites able to operate. There is no doubt that it's illegal, and they are accepting payment so it wouldn't be hard to track them down, they accept both Visa and MasterCard. I thought those companies would cancel any companies account that was obviously selling stolen good.
Of course, it's possible that this OEM company is just stealing peoples credit card numbers, and never charging for the software. :-)

Was also surprised to see a lot of plug-ins from small developers for sale there, such as Anzovins Setup Machine.

Ragnar

no doubt that it's illegal...

It is what I said in my original thread
However I did not get an answer to my question
I understood from BSA (Business Software Alliance )site that it is not illegal to download and to save a copy on your hard disk of "pirated" software as long as you don't use it to make a profit (reselling or developing commercial applications )
If so, it would be great for hobbyest programmers same as me and I suppose a lot of people here
I would be happy to have the opinion of a lawyer on this matter

I understood from BSA (Business Software Alliance )site that it is not illegal to download and to save a copy on your hard disk of "pirated" software as long as you don't use it to make a profit (reselling or developing commercial applications )
If so, it would be great for hobbyest programmers same as me and I suppose a lot of people here
I would be happy to have the opinion of a lawyer on this matter



I think you misunderstood. The BSA doesn't care because they're all about corporate piracy. That doesn't mean it's not illegal, it means that it will be someone else who comes after you.

I'm slightly concerned ( but not surprised ) by the "I don't mind stealing as long as I'm not going to get into trouble" attitude. Lots of people find it difficult to make the money go around far enough, but they don't all resort to software piracy. They buy what they can and do without what they can't.

In my opinion ther is also a certain degree of hypocrisy in this matter
The word "stealing" means that you cause a damage to someone else
Is it the case ?
Why dont' they ask Google or AltaVista... to remove these sites, then ?
Some software houses offer their products at cheap price or even free of charge for non commercial applications.
Should I assume that their marketing managers are philantropic or masochist people ?
The truth is that it is a powerful form of promotion.
Up to a certain extent these sites make the same job , arising the company from relevant distribution costs
That's why they are tollerated,in my opinion.
Hoewever I was not asking for an ethic judice
I was wondering wether it is legal or not to download software from these sites.

I was wondering wether it is legal or not to download software from these sites.

No, it's copyright fraud and illegal in most countries.

Also,

1. Quite often you are purchasing a licence to use the software. If you use the software you download you are using it without proper licence, which is illegal.

2. The site you are downloading from is doing it illegally. They do not have the right to copy, distribute or resell the product. That doesn't put you the downloader in a good legal position either if you knowingly download from them.

3. They're an illegal site asking for credit card details where no credit card company would allow payments to be taken. Expect fraud.

In my opinion ther is also a certain degree of hypocrisy in this matter
The word "stealing" means that you cause a damage to someone else
Is it the case ?


No, that's what pirates say to justify their actions. My dictionary says nothing about material loss to the person who is stolen from. It says

To take without right or permission.


And clearly that applies.

Why don't they ask Google or AltaVista... to remove these sites, then ?


Because the amount of time it would take to hunt down and get these sites shut down wouldn't be justified in the result. Thieves are a resilient breed and will just move their site somewhere else. Besides, Google and AltaVista aren't responsible for what's on other's people's sites. They're just search engines.

Hoewever I was not asking for an ethic judice
I was wondering wether it is legal or not to download software from these sites.


I know what you asked, and I answered it. So did several others. Are you going to keep asking the question until you get the answer you want to hear? If you didn't want an honest answer, I really wish you'd have said what you wanted to hear as it would have saved me the time explaining the truth. You could have made it easier in the first place by indicating that you knew the site was selling warez, rather than confusing me ( and others, I believe ) by giving the impression you were just concerned about the legality of OEM licenses. They're entirely different.

Also TeaMonkey makes a good point. Quite aside from paying for warez, you actually want to give your credit card number to someone you know is a thief? I've got this great bridge for sale if you're interested.

In my opinion ther is also a certain degree of hypocrisy in this matter
The word "stealing" means that you cause a damage to someone else
pfft. That is not the definition of stealing. Even if downloading software illegally didn't cause any 'damage' to the copyright holder (which I don't agree with, BTW), it's still stealing.

If I was a multi-millionaire with a whole room full of cash, and my maid took £10 from it without my permission, I'd never notice but she'd still be stealing. Whether the 'damage' caused by stealing is perceivable or not is irrelevant.

[edit]heh, Gabriel beat me to it.

I don't mean to hijack the thread, but I didn't want to make a new one. This site seems fairly pirate free, although they are selling OEM software. It has a bunch of awards at the top, yet they are selling Adobe Photoshop Elements for $16. http://www.productquest.net/

Should I not buy from this site? I found it on Froogle...