There are a few points in the article that are not explained fully.

Firstly (IANAL...) windows can typically be purchased in two flavours - an OEM (Original Equipment Manufacturer) license or a Retail License. There are others that typically affect businesses - like Volume licenses where the company negotiates to purchase a large quantity of copies of Windows (or Office etc etc)

Computer builders usually include an OEM license for the main reason of price. OEM licenses are quite a bit cheaper than retail licenses - which allows the builder to either sell the computer cheaper - or make more profit.

Users who wander into a retail outlet will usually see on the shelf, fancy boxed copies of windows - these are the retail copies.

The difference between the two - OEM licenses once installed are then associated with that one PC forever. You are not allowed to uninstall an OEM license from one computer and install it on another (newer?) PC. The OEM license is not transferable to another computer.

Retail Licenses you may remove from one PC and install on another PC (but only one at a time).

The second point that Microsoft started to bundle "diskless" copies of Windows with new PCs that are shipping so Microsoft could make more money - I doubt. If they wanted to make more money they could just drop the OEM license altogether and require every license to be the more expensive Retail license.

The reason the OEM license exists, is because many PC Builders include other programs (many that are unwanted by the user), custom drivers, wallpapers and other files to customise the OOBE (Out Of Box Experience). Allowing PC Builders to configure a custom version of Windows to show the new PC in the best light possible to its new owner/purchaser. They also typically include utilities to create recovery/setup disks so you can return the PC back to it's original setup (if things go really wrong).

So shipping PCs with a custom copy of windows on the hard disk is less about saving Microsoft money, and more about making life easier (and more flexible) for the PC Builders. Conversely - life as a result isn't always "easier" and "more flexible" for the owner of the PC.

As for what is legal/illegal when selling a PC with software. If you include the Retail license on the PC you are selling - you cannot keep it for yourself. You cannot use the OEM license of Windows if you sell the PC (even if you remove OEM windows from the PC you are selling).

Some software licenses include a legal clause along the lines that the software is licensed to you and you are not allowed to sell/rent/giveaway the software to anyone else (even if you were to give up the license/possession of the software). I'm doubtful such a clause would stand up if tested in court (for some countries). Some license agreements can be pretty outrageous - but nobody reads them, other than as a cure for insomnia.

http://www.stuff.co.nz/technology/digital-living/4552166/When-selling-hardware-is-software-piracy

I want to sell my old computer, but a friend said it was illegal to sell it with Windows and other programs still installed.

Is that true? Paul L

In certain circumstances, yes. When selling a computer with an operating system installed, it is illegal to do so without

also supplying the licence for it, as well as any other licensed software installed.

Shareware programs are typically licensed to the buyer, which means if you sell your old machine with the programs installed,

you cannot install them on your new machine using the same licence because this would be considered software piracy.
Microsoft soon worked out it could maximise profits and reduce piracy further by distributing new machines without Windows

disks at all, instead including the required files in a separate folder or special partition on the hard drive.

This was all very well until the drive died, whereupon customers were left without an easy means of reinstalling Windows.
If you are buying a second- hand machine, ensure you get all relevant licenses with it.

If the seller doesn't supply a valid key and you use the computer, you are technically a software pirate.

Return Virtual System very slow on the web try to send to clipmarks & no go most times so take off now PC is OK I am on dial-up the old RVS was good & not slow me down.
how do you find RVS?

You have 24 hours to activate it, you don't do it during the give away period you get no cigar.

About a month of 2 ago, you gave away a piece of software called MagicScore. I downloaded the software, but was too late to activate it. The software will be used for educational use and I would really appreciate if someone could help me.

I'm not sure if it's a tech problem or not, but... on the 12th of May I got a gotd e-mail with the free software link for the 12th... the Atlantis screensaver. In the same e-mail was a link to the software on the 11th of May... ConceptDraw VI. How does one go about getting the software from the link sent in this e-mail? I did not receive an e-mail from you on the 11th with this software link (conceptdraw), only on the 12th... and it was already expired. Any suggestions?

Thanks for any help,
BTL

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
This was all sent in one e-mail... on the 12th:

Giveaway of the Day
Hold your breath and take an exciting dive into the magic underwater world of Atlantis 3D Screensaver.

Posted: 12 May 2007 02:00 AM CDT

Hold your breath and take an exciting dive into the magic underwater world of Atlantis 3D Screensaver. Deep down, below the water surface, you will see the ancient ruins of the legendary Atlantis.
ConceptDraw VI is designed for professional flowcharting, diagramming and illustrating.

Posted: 11 May 2007 02:00 AM CDT

ConceptDraw VI is designed for professional flowcharting, diagramming and illustrating. Its flexible, handy drawing tools help business and technical users quickly document complex structures, systems and processes.

"Oh, and one more thing: Another point of this site is exactly what ND has done! He tried the full version of the software, he liked it and he BOUGHT a license!!!"

I did, but actually my Windows had crashed (my fault, I let Avast delete some system-files...) and had to be re-installed, so I lost all my giveaway-apps. On the other hand, there is a new version of NotesHolder out, so I have a slightly better NH now, and I'm also entitled to any 1.x version that comes out. Also, NotesHolder is just 14.95$.

Another great app is Flashpaste, which I might go for next.

Man, GAotD has made me greedy of all these apps which I hadn't heard about but now can't live without. :P

Hey folks.
Remember that you are missing the point here. This whole thing isn't about making anything for free. It is about advertising the shareware producer and their product.
If they would give it for another day, think how much the shareware producer will loose in cash. I think that Shareware-Making companies won't allow that. And, there was a question somewhere else, here in the forum, about MS Office 2007...
Well, it is funny idea! Microsoft would never agree to that. And remember that GAOTD team is only asking for the software... Only if the autor (company, vendor...) agrees, (only in that case) we find that software as a free giveaway here. And only then!
Oh, and one more thing: Another point of this site is exactly what ND has done! He tried the full version of the software, he liked it and he BOUGHT a license!!!
That is the whole point why the software developers give their titles as a FREE giveaways...

And now I've done it, bought a license to NotesHolder. Woohow for me. Time for some serious notes-holding.

I think we should a have a request poll which lasts 5 days and every Sunday the app we choose, should be sited.

I want dreamweaver version 4.

Or/

Some plugins

Or/

That fish tank screensaver. The decent one that comes in plus. More fishes.

I would also like to see it as well, for being a beta tester and one to have to on a regular basis, have to uninstall and reinstall programs on a regular basis.

Even if there was a way to register or keep the code to be able to re-install it a second or third time.

Another reason I beleive that it would help is that like some people, I download a program and may forget to install it that very day. I know that is why there is a Giveaway to begin with, but maybe given us a few days to install the program.

I am sure that the vendors that use your service, would be receptive (or I at least I would hope so).

I've been pushing for this idea in the comments. One rerun a week in addition to a new software, and let people during the week vote for which one from a list (which includes only software the vendors have agreed can be rerunned, and no software older than three months since its original apperance.)

Only one program in 7 will be rerunned, while all programs get some extra exposure by virtue of being part of the list to vote from.

Btw, I'm going to buy a license to NotesHolder soon. I probably never would have heard of it if it hadn't been for GAotD.

Just playing devils advocate - but if there is such demand for the program and peoples interest in a program is now so great as a result of the (very clever imho) advertising/promotion/giveaway (whatever you want to call it) - then surely at this point, the developer of the software would feel that this is the "payback stage" of the promotion where people who want the program so much (maybe through word of mouth advertising) will actually go to the developers site and register a copy. After all that was probably the whole point of providing the software for a one day promotion in the first place.

If the developer just wanted to make the software "occasionally free" - then they may as well just make it freeware on their own site, and people could get it whenever they wanted.

(You could try to contact the developer/company and see if they are willing to give you their product for free, because you missed it yesterday. It's probably not very likely - but you never know)

I agree that there have been a few days I have missed that I wished I didn't. But if I was a developer I'd may prefer that there was a limit (time-wise) to how much I gave away, so that there was a potential for future sales or promotional value that my software had.

(Finally I think it is fair to say that only a small percentage of people who download the programs - vote, leave a comment, or read the forums. The fact that there were 80 comments made against a program - really cannot reflect the number of downloads).

It may not be the sort of thing GOTD want to make public - but it might be interesting to see either in real-time or on the following day - a count of how many copies were downloaded during the 24 hour period. Maybe that is a better indicator of how popular each program is (although some people will download something not because it is any good, just because it is free).

I don't think they'll do it but I've been hoping for the same thing.
-Maybe they could have 'Weekend Specials' where they start to revisit old givaways; like '5' a day [Fri.,Sat.,Sun.] ?? ,, --['just dreaming'..]-- ! :)

Hi!

I think that you should consider giving access to all older programs/ games once again, so people could get software they missed. If you look at the number of comments on each gift, you will see that there wasn't many people around here at first weeks. So it would be fair to developers too.