Old said:
I am planning on putting a new motherboard in this Windows XP system as the
present one has various problems. I built this system a year and a half ago
with an OEM version of WinXP, purchased with a new hard drive. So as I
understand the EULA, the hard drive is the part that this software is "tied"
to. That's fine with me, since it's just the motherboard that I want to
change anyway.
The OEM license, once installed, becomes tied to the entire
computer, as a unit. It doesn't matter with which component it was
originally purchased. This is explained in the OEM EULA.
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.
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.
I presume this will be enough of a change to mean re-activating Windows?
Oh, yes, and then some.
There have been countless updates and upgrades to Windows itself and various
other software (ISP, antivirus, security, etc.) on the system over that year
and a half, and I hate to do all that all over again, so I am wondering if
there's any reason I can't just change the motherboard and keep the existing
hard drive as is, rather than doing a reinstall. The present board has a VIA
chipset and the new one will also, so I should think just a motherboard
drivers update would be all that's necessary, if even that.
Normally, and assuming a retail license (many OEM installations are
BIOS-locked to a specific chipset and therefore not transferable to a
new motherboard - check yours before starting), unless the new
motherboard is virtually identical (same chipset, same IDE controllers,
same BIOS version, etc.) to the one on which the WinXP installation was
originally performed, you'll need to perform a repair (a.k.a. in-place
upgrade) installation, at the very least:
How to Perform an In-Place Upgrade of Windows XP
http://support.microsoft.com/directory/article.asp?ID=KB;EN-US;Q315341
The "why" is quite simple, really, and has nothing to do with
licensing issues, per se; it's a purely technical matter, at this point.
You've pulled the proverbial hardware rug out from under the OS. (If
you don't like -- or get -- the rug analogy, think of it as picking up a
Cape Cod style home and then setting it down onto a Ranch style
foundation. It just isn't going to fit.) WinXP, like Win2K before it,
is not nearly as "promiscuous" as Win9x when it comes to accepting any
old hardware configuration you throw at it. On installation it
"tailors" itself to the specific hardware found. This is one of the
reasons that the entire WinNT/2K/XP OS family is so much more stable
than the Win9x group.
As always when undertaking such a significant change, back up any
important data before starting.
This will also probably require re-activation, unless you have a
Volume Licensed version of WinXP Pro installed. If it's been more than
120 days since you last activated that specific Product Key, you'll most
likely be able to activate via the Internet without problem. If it's
been less, you might have to make a 5 minute phone call.
--
Bruce Chambers
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