OEM XP

[Guest]

WalMart does not stock OEM versions of Windows XP in
their stores. It is only availabe online and includes the
required Microsoft OEM distribution statement:

"The purchaser of this software is required to comply with the terms
of the System Builder license, including the responsibility of providing
all end user support for the software."

Ref: http://www.walmart.com/catalog/product.do?product_id=1957320

 

[Steve N.]

If you cannot understand/comprehend/agree to the System Builder's
and OEM licensing agreements, you are better suited to puchase
a "Retail Version" of Windows XP rather than an "OEM Version".

You obviously cannot understand/comprehend the System Builder's
and OEM licensing agreements, either (or anything else for that matter,
with _rare_ exception), or you'd have kept your apparently illiterate
"mouth" shut.

You might be better off digging up septic tanks, Carey. I've done it, it
can be very rewarding work.

Steve

 

[Steve N.]

If you cannot understand/comprehend/agree to the System Builder's
and OEM licensing agreements, you are better suited to puchase
a "Retail Version" of Windows XP rather than an "OEM Version".

I read it and understand it fully. You obviuoulsy didn't/couldn't.

And that's the same link I posted in reply to you, you obvious moron.
God, I pity you.

Steve

 

[Steve N.]

WalMart does not stock OEM versions of Windows XP in
their stores.

Liar. Read the frikking page, it says "In stock." Do you even know what
that means? What a ditz! Learn to read, you pathetic idiot!

Steve

 

[Ghostrider]

If you cannot understand/comprehend/agree to the System Builder's
and OEM licensing agreements, you are better suited to puchase
a "Retail Version" of Windows XP rather than an "OEM Version".

Anybody who quotes out of context by selective cut-and-pasting
obviously has a distorted perspective. Both the Newegg disclaimer
and the applicable sections of the Microsoft OEM system Builder
License were quoted in their entirely and fully comprehensible
in their original formats.

And to quote Bruce Chambers in his contributon to this thread:

"Microsoft has, to date, been very careful _not_ publicly to define
when an incrementally upgraded computer ceases to be the original
computer. The closest I've ever seen a Microsoft employee come to
this definition (in a public forum) is to tell the person making the
inquiry to consult the PC's manufacturer. As the OEM license's support
is solely the responsibility of said manufacturer, they should determine
what sort of hardware changes to allow before the warranty and support
agreements are voided. To paraphrase: An incrementally upgraded
computer ceases to be the original computer, as pertains to the OEM
EULA, only when the *OEM* says it's a different computer. If you've
built the system yourself, and used a generic OEM CD, then _you_ are
the 'OEM', and _you_ get to decide when you'll no longer support your
product."

 

[Kerry Brown]

According to its EULA, an OEM license may not be transferred from one
distinct PC to another PC. Nothing is said about prohibiting one from
repairing or upgrading the PC on which an OEM license is installed.

Now, some people believe that the motherboard is the key component
that defines the "original computer," but the OEM EULA does not make any
such distinction. Others have said that one could successfully argue that
it's the PC's case that is the deciding component, as that is where one is
instructed to affix the OEM CoA label w/Product Key. Again, the EULA does
not specifically define any single component as the computer. Licensed
Microsoft Systems Builders, who are allowed to distribute OEM licenses
with computers they sell, are contractually obligated to "define" the
computer as the motherboard, but this limitation/definition can't be
applied to the end user until the EULA is re-written. This is the catch
that has caught the OP: the computer manufacturer has to treat the
repaired/upgraded computer as a different computer. Had the OP obtained
the replacement motherboard from the original manufacturer, this issue
wouldn't have arisen.

Microsoft has, to date, been very careful _not_ publicly to define
when an incrementally upgraded computer ceases to be the original
computer. The closest I've ever seen a Microsoft employee come to this
definition (in a public forum) is to tell the person making the inquiry to
consult the PC's manufacturer. As the OEM license's support is solely the
responsibility of said manufacturer, they should determine what sort of
hardware changes to allow before the warranty and support agreements are
voided. To paraphrase: An incrementally upgraded computer ceases to be
the original computer, as pertains to the OEM EULA, only when the *OEM*
says it's a different computer. If you've built the system yourself, and
used a generic OEM CD, then _you_ are the "OEM," and _you_ get to decide
when you'll no longer support your product.

There is a lot of confusion about this. In Canada, and I was told by a MS
rep also in the US, the OEM license changed last August. It now mentions
that a motherboard defines the computer. It can only be replaced on
warranty. It will be necessary to call to re-activate if a motherboard
change is detected and they will want an explanation. The way OEM packs of
Windows are sold changed at the same time. It is no longer OK to sell
individual units from opened OEM packs. This means an OEM cannot open a
three pack or 30 pack and sell individual units, even with hardware. When
all this happened a new one pack of OEM Windows was introduced. The one
pack, and unopened three packs, and unopened 30 packs, which have the OEM
license on the outside can be sold to another OEM. They cannot be sold to an
end user, even with hardware. Once a pack is opened the OEM owns it and must
install all of the units on systems. The hardware qualification no longer
exists. The catch 22 is that someone building their own system is considered
an OEM. What it means is that the customer has to say they are building
their own system. You can then sell them an unopened one pack, three pack or
30 pack. They then get to read the license on the outside of the pack which
explains that they are responsible for support etc. It also mentions the
part about the motherboard defining the system. If you have access to the
OEM site it is all explained. If you don't have access try to find a OEM who
will order a one pack so you can see it. In Canada the one packs work out to
the same price as the three packs so it is no big deal for someone to order
it to see what it looks like. What is really confusing is that a lot of old
stock still exists. The MS rep couldn't tell me which license the old stock
would fall under. I'm treating like it is under the old license since that's
what's on the package. Another confusing issue is Microsoft's program of
directing people that fail the Windows validation to OEM partners to
purchase a legitimate license. When I asked the rep she said in that case it
would be OK to sell them an OEM one pack even though they were not building
a system. It was an exception to the rules

Don't even ask about the Office OEM license. It's completely different
again.

Kerry

 

[chrispsg]

Uh...that means the online store has it in stock...Have you ever purchased
from an online store..They always say in stock..Ingram Micro for
example....They dont have a physical store that I know of but they have
almost everything "in stock" at a warehouse..Wal-Mart doesnt sell the OEM
only retail...I just called them.

psg

 

[chrispsg]

Since the original poster is the system builder then he must obide by the
system builder license..so he gets to make the decision if the motherboard
is defective..

The reason for reactivation is not becuase the motherboard as a whole was
changed it is beacuse the algorithms that XP uses to create the installation
key is created by the hardware components. If you change to much hardware
you will then have to reactivate..because of all the different hardware on
the motherboard. If you were to install the exact same motherboard in the pc
XP wouldnt know the difference..

Read this: http://www.licenturion.com/xp/fully-licensed-wpa.txt

 

[Kerry Brown]

Since the original poster is the system builder then he must obide by the
system builder license..so he gets to make the decision if the motherboard
is defective..

That was the whole point of my post. Under the new rules the system builder
in this case also the end user will see the OEM License and make their own
decision but it will be an informed decision.

The reason for reactivation is not becuase the motherboard as a whole was
changed it is beacuse the algorithms that XP uses to create the
installation key is created by the hardware components. If you change to
much hardware you will then have to reactivate..because of all the
different hardware on the motherboard. If you were to install the exact
same motherboard in the pc XP wouldnt know the difference..

The only reason to install the exact same motherboard would be if the
original was defective

I know how the algorithm works. It is possible to change a motherboard
without re-activation being required. I have done it. The normal scenario
when upgrading a motherboard is that many other things get upgraded at the
same time and re-activation is usually required. One of the highest weighted
items is the NIC. Most motherboards have the NIC built on. Even with the
exact same model of motherboard Windows would see a MAC change on the NIC.
One or two more differences and re-activation would be required.
Re-activation is not that big a deal anyway. It is rare that I have had to
phone because the Internet activation failed. When I explain I am a
technician and merely doing repairs I have never been refused. The last
couple of times I had to phone they did ask me about the motherboard. In one
case I had replaced the motherboard because it was defective. The customer
decided if the motherboard was being replaced they may as well get a faster
CPU at the same time so the CPU was changed and more RAM installed as well.
I explained what I had done and they activated it no problem.

Kerry

 

[chrispsg]

Check this thing out:
http://www.licenturion.com/xp/xpinfo-exe.zip

 

[Kerry Brown]

Sorry, I never open zip files when I don't know where they came from. I do
have a bridge I could sell you though.

Kerry

 

[chrispsg]

Wealth of information can be found here also:
http://www.pcbuyerbeware.co.uk/ProductActivation.htm

 

[chrispsg]

The same link is in the second link posted...sorry about that..

psg

 

[Kerry Brown]

I don't see your point. Nothing at either site says anything that can't be
deduced from material published by Microsoft. Both sites say that if you
change some hardware you may have to re-activate. The first site goes into
great technical detail about how the keys are generated but in the end all
it says is that if you change too much hardware you will have to
re-activate. It is also based on a pre-release version of XP called XP RC1.
It may or may not be valid now that XP has been released. I tend towards
thinking it is still the same because even with that information it would be
very hard if not impossible to come up the algorithm used to generate the
key the rep on the phone gives you. You would have to have access to both
sides of many phone calls to make any use of their information. Their paper
is only about one half of the equation and it's the easy half as well. The
program only works to tell you what is installed in your computer based on
the key generated for telephone activation. I already know what's installed.
I put it there

As I said earlier it's a moot point anyway. Out of hundreds of activations
I've done I've only had to phone a few times and have never been refused.
Thanks for the first link though. It was kind of neat to read how the key is
actually generated. I was surprised it was that complicated.

Kerry

 

[chrispsg]

I wasnt trying to make a point...just putting the information out their for
the original poster...

I've done I've only had to phone a few times and have never been refused

I agree..I have never been refused either.



psg

 

[Steve N.]

Uh...that means the online store has it in stock...

No it doesn't. It means the retail outlet (i.e. physical store) has it
in stock. About a month ago it said it had to be ordered only online.

Have you ever purchased
from an online store..

No I haven't.

They always say in stock..Ingram Micro for
example....They dont have a physical store that I know of but they have
almost everything "in stock" at a warehouse..Wal-Mart doesnt sell the OEM
only retail...I just called them.

Tell you what, I'll go down to my local Wal-Mart store and see for
myself and then post back with the results of my investigation.

psg

Why are you bucking me when I basically agreed with you?

Steve

 

[Winux P]

Earlier this year i bought a copy of xp home OEM to go with my new hand
built
pc. When i bought it (legally) the guy in the shop said its just XP only
not
in a box. Now im being told that with my generic oem copy i can only use
it
on this computer with this hardware config`. So what happens when i have
to
upgrade, say, my motherboard?

It's no problem at all blando00. If you have to change your motherboard then
do so whilst retaining your current Window XP OEM and reinstalling it on
your altered system. If it comes down to telephone activation, then tell the
nice Activation Person (in India that will probably have a regionalised
American accent, they have Australian accents too), when asked why you're
activating your copy of Windows XP again? You only need to tell them you
either felt like rebuilding your system or, you're repairing from a massive
viral, spyware infestation. If they asked what you purchased your OEM with,
just tell them you got with your RAM, which your still using. You'll get
activated and WGA'ed as well.

Don't spend more money for what you've already got and is already yours,
especially on the self evident fallacies presented by SCary Freak and Bull
Crappers posted above.

It's your Windows XP, what do you want to do with it today!

- Winux P

 

[Michael Stevens]

In

Which is the point, isn't it? And even then, as Kurt laboriously
points out, is not truly legally binding without judicial
intervention, which has yet to take place.


Yes you did, and he is


Although I have the greatest respect and admiration for Michael
Stevens (a true MVP!), the links provided in the page cited are still
not available to the End User at the time of purchase or installation
(which, BTW, Michael himself points out in the page). Therefore all of
this is irrelevant information for the purposes of this discussion.

Steve

Steve,
Thanks very much for the compliment and pointing out that the information is
for informational purposes only.
IMO As far as I can see, anyone purchasing a generic OEM and building their
own system, they are the OEM and can dictate what upgrades they will or will
not support. This seems to be the defining logic from the OEM system
builders statement. They leave it up to the generic OEM as to what they will
support with the suggestion the motherboard is the defining component. They
must also explain any upgrade is approved by the OEM if prompted for
activation.
Branded OEM versions are different and the OEM should be consulted before
upgrading a Mother Board.
--
Michael Stevens MS-MVP XP
(e-mail address removed)
http://www.michaelstevenstech.com
For a better newsgroup experience. Setup a newsreader.
http://www.michaelstevenstech.com/outlookexpressnewreader.htm

 

[Winux P]

Said he that's better suited to a GameBoy.

- Winux P

 

[Michael Stevens]

In

There is a lot of confusion about this. In Canada, and I was told by
a MS rep also in the US, the OEM license changed last August. It now
mentions that a motherboard defines the computer. It can only be
replaced on warranty. It will be necessary to call to re-activate if
a motherboard change is detected and they will want an explanation.
The way OEM packs of Windows are sold changed at the same time. It is
no longer OK to sell individual units from opened OEM packs. This
means an OEM cannot open a three pack or 30 pack and sell individual
units, even with hardware. When all this happened a new one pack of
OEM Windows was introduced. The one pack, and unopened three packs,
and unopened 30 packs, which have the OEM license on the outside can
be sold to another OEM. They cannot be sold to an end user, even with
hardware. Once a pack is opened the OEM owns it and must install all
of the units on systems. The hardware qualification no longer exists.
The catch 22 is that someone building their own system is considered
an OEM. What it means is that the customer has to say they are
building their own system. You can then sell them an unopened one
pack, three pack or 30 pack. They then get to read the license on the
outside of the pack which explains that they are responsible for
support etc. It also mentions the part about the motherboard defining
the system. If you have access to the OEM site it is all explained.
If you don't have access try to find a OEM who will order a one pack
so you can see it. In Canada the one packs work out to the same price
as the three packs so it is no big deal for someone to order it to
see what it looks like. What is really confusing is that a lot of old
stock still exists. The MS rep couldn't tell me which license the old
stock would fall under. I'm treating like it is under the old license
since that's what's on the package. Another confusing issue is
Microsoft's program of directing people that fail the Windows
validation to OEM partners to purchase a legitimate license. When I
asked the rep she said in that case it would be OK to sell them an
OEM one pack even though they were not building a system. It was an
exception to the rules
Don't even ask about the Office OEM license. It's completely different
again.

Kerry

Kerry,
Thanks very much for that information. It would make a difference to the end
user to know if they were the OEM or they need approval from their OEM for
supported MB upgrades.
--
Michael Stevens MS-MVP XP
(e-mail address removed)
http://www.michaelstevenstech.com
For a better newsgroup experience. Setup a newsreader.
http://www.michaelstevenstech.com/outlookexpressnewreader.htm