OEM activation - where do I stand?

[Guest]

Some years ago I bought an OEM version of Windows XP with some hardware. I as
understand it the license is tied to the first machine it's installed on -
fair enough. At the time I read some posts relating to what constitutes a
'new' machine and it all seemed a tad vague but the option to repair/upgrade
seemed ok.

Anyway, the OS has been clean installed a few times. Before Christmas I
replaced the motherboard and processor, neither were dead but I was getting
the odd BSOD. All the other hardware remained the (hardrive, gfx card, memory
etc. even the case with the license sticker on). XP indicated hardware
changes and then happily activated itself online. I assumed that all was well
since Windows activated itself and thought no more of it. I've since added an
extra stick of memory.

Yesterday I had a total harddrive failure (and yes, no back up) so replaced
the harddrive and did a clean install. This time when I tried to activate
Windows it wouldn't as it claimed that the product key and be activated too
many times.

I phoned the automated line and entered the product key. I was then ask
(again automated) whether the product was pre-installed or bought retail.
Actually it's neither, it wasn't pre-installed and was bought (legitimately)
retail but isn't a 'retail' product. I chose pre-installed since I guessed it
was asking if it was OEM. I was then asked whether I'd recently installed new
hardware. No indication of what 'recently meant. I said yes, as technically I
had, although XP had activated itself after this and the hardware change
hadn't prompted the current activation issue. Then, was it the motherboard,
again I said yes although again, this hadn't prompted the current activation
issue.

My activation was declined as changing the motherboard apparently was not
allowed according to the license (not actually stated in the license - I
think I bought it in 2004, it may have changed since but presumably can't be
applied retrospectively). I could have said that I'd bought the product
retail (true and it wasn't pre-installed) and that I hadn't changed hardware
recently (true in the sense that the recent hardware change didn't prompt
this activation, XP activated itself and ran happily for some time after the
change and there's also no definition of what constitutes 'recent').

Anyway, I spoke to a representative and said that I'd had a harddrive
failure and done a clean install. He activated Windows XP for me. I then ask
clearly whether I was properly licensed as I'd bough Windows OEM with
hardware and had since changed the motherboard. He stated quite clearly that
I was fully licensed, I restated that I'd changed the motherboard and was
told that this didn't matter.

So, I'm assuming that I'm ok but things are rather unclear. The bottom line
for me is that after the motherboard change Windows itelf activated itself
(with an OEM product key) which I assume confirms legitimacy, and ran happily
thereafter. The subsequent activation issue was a hardware failure one and I
only needed contact Microsoft as I'd used up my allocation of activations for
the given license (a pain if you do clean installs). The MS reps. response to
my clear question tends to confirm this. Windows Genuine Validation code
happily validate my installation.

But I'm still not 100% sure. Obviously I don't want to buy a retail XP but
want to be clear I'm properly licensed.

Discuss!

I obviously don't

 

[Alias]

Some years ago I bought an OEM version of Windows XP with some hardware. I as
understand it the license is tied to the first machine it's installed on -
fair enough. At the time I read some posts relating to what constitutes a
'new' machine and it all seemed a tad vague but the option to repair/upgrade
seemed ok.

Anyway, the OS has been clean installed a few times. Before Christmas I
replaced the motherboard and processor, neither were dead but I was getting
the odd BSOD. All the other hardware remained the (hardrive, gfx card, memory
etc. even the case with the license sticker on). XP indicated hardware
changes and then happily activated itself online. I assumed that all was well
since Windows activated itself and thought no more of it. I've since added an
extra stick of memory.

Yesterday I had a total harddrive failure (and yes, no back up) so replaced
the harddrive and did a clean install. This time when I tried to activate
Windows it wouldn't as it claimed that the product key and be activated too
many times.

I phoned the automated line and entered the product key. I was then ask
(again automated) whether the product was pre-installed or bought retail.
Actually it's neither, it wasn't pre-installed and was bought (legitimately)
retail but isn't a 'retail' product. I chose pre-installed since I guessed it
was asking if it was OEM. I was then asked whether I'd recently installed new
hardware. No indication of what 'recently meant. I said yes, as technically I
had, although XP had activated itself after this and the hardware change
hadn't prompted the current activation issue. Then, was it the motherboard,
again I said yes although again, this hadn't prompted the current activation
issue.

My activation was declined as changing the motherboard apparently was not
allowed according to the license (not actually stated in the license - I
think I bought it in 2004, it may have changed since but presumably can't be
applied retrospectively). I could have said that I'd bought the product
retail (true and it wasn't pre-installed) and that I hadn't changed hardware
recently (true in the sense that the recent hardware change didn't prompt
this activation, XP activated itself and ran happily for some time after the
change and there's also no definition of what constitutes 'recent').

Anyway, I spoke to a representative and said that I'd had a harddrive
failure and done a clean install. He activated Windows XP for me. I then ask
clearly whether I was properly licensed as I'd bough Windows OEM with
hardware and had since changed the motherboard. He stated quite clearly that
I was fully licensed, I restated that I'd changed the motherboard and was
told that this didn't matter.

So, I'm assuming that I'm ok but things are rather unclear. The bottom line
for me is that after the motherboard change Windows itelf activated itself
(with an OEM product key) which I assume confirms legitimacy, and ran happily
thereafter. The subsequent activation issue was a hardware failure one and I
only needed contact Microsoft as I'd used up my allocation of activations for
the given license (a pain if you do clean installs). The MS reps. response to
my clear question tends to confirm this. Windows Genuine Validation code
happily validate my installation.

But I'm still not 100% sure. Obviously I don't want to buy a retail XP but
want to be clear I'm properly licensed.

Discuss!

I obviously don't

You are properly licensed. Hardware upgrades/replacements to the same
computer are allowed.

If you're looking for an OS that doesn't have this
you-are-a-thief-until-you-prove-otherwise trip, check out Ubuntu,
www.ubuntu.com. You can run the live CD and check it out before
installing it.

Alias

 

[Mistoffolees]

Some years ago I bought an OEM version of Windows XP with some hardware. I as
understand it the license is tied to the first machine it's installed on -
fair enough. At the time I read some posts relating to what constitutes a
'new' machine and it all seemed a tad vague but the option to repair/upgrade
seemed ok.

Anyway, the OS has been clean installed a few times. Before Christmas I
replaced the motherboard and processor, neither were dead but I was getting
the odd BSOD. All the other hardware remained the (hardrive, gfx card, memory
etc. even the case with the license sticker on). XP indicated hardware
changes and then happily activated itself online. I assumed that all was well
since Windows activated itself and thought no more of it. I've since added an
extra stick of memory.

Yesterday I had a total harddrive failure (and yes, no back up) so replaced
the harddrive and did a clean install. This time when I tried to activate
Windows it wouldn't as it claimed that the product key and be activated too
many times.

I phoned the automated line and entered the product key. I was then ask
(again automated) whether the product was pre-installed or bought retail.
Actually it's neither, it wasn't pre-installed and was bought (legitimately)
retail but isn't a 'retail' product. I chose pre-installed since I guessed it
was asking if it was OEM. I was then asked whether I'd recently installed new
hardware. No indication of what 'recently meant. I said yes, as technically I
had, although XP had activated itself after this and the hardware change
hadn't prompted the current activation issue. Then, was it the motherboard,
again I said yes although again, this hadn't prompted the current activation
issue.

My activation was declined as changing the motherboard apparently was not
allowed according to the license (not actually stated in the license - I
think I bought it in 2004, it may have changed since but presumably can't be
applied retrospectively). I could have said that I'd bought the product
retail (true and it wasn't pre-installed) and that I hadn't changed hardware
recently (true in the sense that the recent hardware change didn't prompt
this activation, XP activated itself and ran happily for some time after the
change and there's also no definition of what constitutes 'recent').

Anyway, I spoke to a representative and said that I'd had a harddrive
failure and done a clean install. He activated Windows XP for me. I then ask
clearly whether I was properly licensed as I'd bough Windows OEM with
hardware and had since changed the motherboard. He stated quite clearly that
I was fully licensed, I restated that I'd changed the motherboard and was
told that this didn't matter.

So, I'm assuming that I'm ok but things are rather unclear. The bottom line
for me is that after the motherboard change Windows itelf activated itself
(with an OEM product key) which I assume confirms legitimacy, and ran happily
thereafter. The subsequent activation issue was a hardware failure one and I
only needed contact Microsoft as I'd used up my allocation of activations for
the given license (a pain if you do clean installs). The MS reps. response to
my clear question tends to confirm this. Windows Genuine Validation code
happily validate my installation.

But I'm still not 100% sure. Obviously I don't want to buy a retail XP but
want to be clear I'm properly licensed.

Discuss!

I obviously don't

The status of your license is exactly as you described it. Of
course, it would take a lawyer to interpret what you said and
how it relates to the interpretation of the legalese of the EULA
which, BTW, is beyond the normal understanding of any customer
services representative, especially an out-sourced one in some
international locale. Of course, any lawyer would have advised
you to state the facts...which is that the hard drive broke and
was replaced. That is all that was needed to be said and not one
iota more in this situation. There was no need to have volunteered
any more.

WPA is a failure because there are not enough unique keys for
each and every product that requires activation. There is only
a 120-day supply of these product keys and they must be used
several times within the 120-day cycle. MS made the erroneous
assumption that nobody would be only so many activations (or
re-activations) for any given key during that time. Hence, its
database would kick out any over-used, rigutfully or wrongfully,
product key.

 

[Guest]

So am I legit? I think I've confused even myself

 

[Ken Blake, MVP]

If a Microsoft representative told you that you are legit, I would simply
believe him and not worry about it.

The issue of OEM licenses and what constitutes the same computer is a can of
worms. The EULA doesn't specify what constitutes the same computer, and the
EULA is what you agree to. If I had my druthers, all licenses would be the
same, with the retail rules, and there wouldn't be such a thing as an OEM
license.

There are people here (and elsewhere) who claim that if you change the
motherboard, it's a different computer. Although that certainly sounds
logical, the OEM EULA does *not* say that. Some of these people will point
to a Microsoft site for System Builders (one that can't even be accessed by
the general public) that states that changing the motherboard makes it a
different computer. Again, the EULA, which is what you agree to, does *not*
state that, so as far as I'm concerned, what this site states is irrelevant.
My guess is that if it ever came before a court (which is highly unlikely)
and Microsoft ever pointed to that web site, they'd be laughed out of court.

The real issue in my mind is what happens if you change the motherboard and
have to reactivate an OEM version over the phone. If you talk to a Microsoft
representative and he defends the "motherboard defines the computer" point
of view and won't activate you, you're out of luck unless you want to take
Microsoft to court (which is probably highly unlikely). However, you've
already made it past that point, so have nothing to worry about.

My own view is that you might be able to successfully argue in court that,
silly as it may sound, the computer is defined by the case, since that's
where Microsoft requires that the product key sticker be affixed. You could
therefore change everything inside the case, and it would still be the same
computer.

 

[GHalleck]

So am I legit? I think I've confused even myself

If Windows is activated and there are no longer any nagging
messages about activating, then you are legit. But worry not
for as explained by Mistoffolees, not even Microsoft is sure
of its own legitimacy. This is what happens when lawyers and
MBA's try to run an industry in which they do not understand
or know. One really needs to consider the problems that will
be surfacing with Vista and its more stringent requirements
for activation. There just are not enough acceptable activation
numbers without having to generate a 35-digit or 50-digit code
to account uniquely for each and every single Microsoft product
that requires activation. At the present time, only 7 digits
of the code you manually received comprises the activation
part of the key. IOW, there are only 9,999,999 possibilities
for all of the copies of Windows XP that require activiation
and from these, only 1/7th is valid.

 

[Daave]

If a Microsoft representative told you that you are legit, I would
simply believe him and not worry about it.

The issue of OEM licenses and what constitutes the same computer is a
can of worms. The EULA doesn't specify what constitutes the same
computer, and the EULA is what you agree to. If I had my druthers,
all licenses would be the same, with the retail rules, and there
wouldn't be such a thing as an OEM license.

There are people here (and elsewhere) who claim that if you change the
motherboard, it's a different computer. Although that certainly sounds
logical, the OEM EULA does *not* say that. Some of these people will
point to a Microsoft site for System Builders (one that can't even be
accessed by the general public) that states that changing the
motherboard makes it a different computer. Again, the EULA, which is
what you agree to, does *not* state that, so as far as I'm concerned,
what this site states is irrelevant. My guess is that if it ever came
before a court (which is highly unlikely) and Microsoft ever pointed
to that web site, they'd be laughed out of court.

The real issue in my mind is what happens if you change the
motherboard and have to reactivate an OEM version over the phone. If
you talk to a Microsoft representative and he defends the
"motherboard defines the computer" point of view and won't activate
you, you're out of luck unless you want to take Microsoft to court
(which is probably highly unlikely). However, you've already made it
past that point, so have nothing to worry about.

My own view is that you might be able to successfully argue in court
that, silly as it may sound, the computer is defined by the case,
since that's where Microsoft requires that the product key sticker be
affixed. You could therefore change everything inside the case, and
it would still be the same computer.

Excellent post, Ken. Excellent explanation.

That is so bizarre that even Microsoft cannot seem to agree on this
issue!

 

[Uncle Grumpy]

So am I legit? I think I've confused even myself

What will it take to convince you?? A call from Bill Gates himself?

You had a MS rep say you were OK, what else do you need!?

 

[Ken Blake, MVP]

Excellent post, Ken. Excellent explanation.

Thanks, Daave.