OEM Software

[Cactus]

I'm looking for a bit of advice really, i ordered a PC game from an online store and it arrived this morning. The game has been out a year or so, but was very cheap at the online store - �4.99 - which is why i bought it. When i opened the envelope (yes, it was just in a large envelope), i was disappointed to see they had sent me an OEM (Original Equipment Manufacturer) version of the game. It wasn't in a case, just a plastic double sleeve, and had no hard copy of a manual with it. (but a manual in PDF format on one of the discs) Now i know you get what you pay for, and although i'm a bit miffed not to have a case or manual, i can live with it for �4.99. Here's what bothers me though. I was under the impression that OEM software was only able to be sold with hardware. Bundled with a new computer or PCI card of some sort. On one of the discs it clearly states 'OEM - Product not for resale'. But i've just bought it haven't i? Are they allowed to break these guidelines? Should i email the game's publisher and tell them what i've been sent? I'm happy with the game i've got for the money it cost, but i'm just annoyed that it seems like someone isn't obeying the trading standards guidelines. When i ordered it there was no mention whatsoever that it was an OEM version. Any thoughts?

[bluedolphin]

I think you are looking for the best of both worlds actually. Why don't you put it down to experience.

[cupra]

Hi Cactus - This looks like a very grey area you've discovered! I think they should be advertising what you will actually receive (based upon a consumer's expectations when a product is advertised), but they may argue that they are not actually advertising that you will get manual/case etc.. For the price it would be a lot of hassle to complain, but then again perhaps everyone is thinking this!! A quick e-mail may be the answer (and hey - they may even change the site!)

As for the OEM 'not for resale' issue: these days you cannot really say that on a product - with EU competition laws people should be free to buy and sell on anything they want. Of course people can refuse to sell to you, but if you get hold of a warehouse of OEM bits and pieces then in theory there's nothing legally to stop you selling them on (no matter what the manufacturer stamps on them - and indeed if anyone tries to stop you or fix prices they are liable to a fine of 10% of turnover!)

[Cactus]

Many thanks for your replies. Firstly, bluedolphin - I'm not quite sure what you mean by "the best of both worlds". I don't know whether to feel insulted or angry. (or both.) Thanks cupra, your reply was very helpful. On Saturday i emailed the game publisher pointing out my worries about OEM software being freely distributed via an online store. Today, i got a reply from them. They are taking the matter very seriously, and take a dim view of people abusing their rights as the publisher of the game. They confirmed that OEM software is usually only distributed to the public as an incentive to buy certain brands of graphics card, sound card etc. and is NOT for resale. They have passed the matter onto their legal department, who they say will be in touch with me shortly. If there are any non-specific developments (meaning that i won't mention any company names) then i shall post them here if you are interested. It was i'm afraid, as i'd feared, a case of a "large company" thinking that the rules didn't apply to them. If there's one thing that really gets me wound up, it's that. Us "little guys" have to obey the law - so why should they be any different? I can can see Einstein's point in all of this, the game being just over a year on from it's release date should have cost more than a fiver. I just thought i'd found myself a bargain, but on reflection perhaps i should have been more suspicious. Like i said, i'm not that bothered about the lack of case/manual. I'm bothered that a company is trying to take the mickey by selling software that has already been sold for (free) distribution with hardware. As for that company, well i emailed them but i'm still waiting for a response... waiting...

[Cactus]

Sorry Einstein, i must have been doing the "can can" when i posted that!

[aberboy0]

well dont be such a skin flint in future and buy from the high st,and then u can complain about the price. i agree with the answer given at top, u want the best of both worlds, cheap game and all the trimmings. thats not gona happen. oem as every one knows is u get the disc and an plastic cover if lucky.