Activation after replacement of failed equipment

[Guest]

I purchased Windows XP Home OEM with a motherboard. I proceeded to activate it with no problem. After a while, the hard drive was damaged by a virus and had to be replaced. I had to do a re-activation after that replacement. Then I unknowingly violated the rules on OEM, which is not clearly laid out in the EULA, by upgrading the motherboard. This resulted in a denial of activation by telephone or internet. I still have the original motherboard and will re-install it in a machine if that is what it takes to qualify for activation. The other parts of the computer were not purchased with Windows XP Home OEM. Second question is whether the OEM disc I have along with the motherboard that I purchased with it are of any future value
BTW I have been an excellent buyer of Windows and own more than nine copies of Windows from 3.1 to XP Pro. I have refused to use pirated software in the past.

 

[wojo]

The OEM disk shipped with the motherboard is only licensed to be used with
that motherboard. Somebody correct me if I'm wrong but the OEM disk goes
with the motherboard if you sell it to somebody else. In otherwords maybe
simply buying a copy of XP might be your best solution. Then you can upgrade
whatever hardware you want your XP disk is only restricted to not be
installed on "more than one computer at a time"

I purchased Windows XP Home OEM with a motherboard. I proceeded to

activate it with no problem. After a while, the hard drive was damaged by a
virus and had to be replaced. I had to do a re-activation after that
replacement. Then I unknowingly violated the rules on OEM, which is not
clearly laid out in the EULA, by upgrading the motherboard. This resulted
in a denial of activation by telephone or internet. I still have the
original motherboard and will re-install it in a machine if that is what it
takes to qualify for activation. The other parts of the computer were not
purchased with Windows XP Home OEM. Second question is whether the OEM disc
I have along with the motherboard that I purchased with it are of any future
value?

BTW I have been an excellent buyer of Windows and own more than nine

copies of Windows from 3.1 to XP Pro. I have refused to use pirated
software in the past.

 

[Daniel Roth]

I can't see any problems with installing WinXP with your old MoBo,
activating it and then switching to the new MoBo.
If you are lucky, it won't force you to reactivate as long as no other
components are changed.

Sincerly
Daniel Roth

I purchased Windows XP Home OEM with a motherboard. I proceeded to

activate it with no problem. After a while, the hard drive was damaged by a
virus and had to be replaced. I had to do a re-activation after that
replacement. Then I unknowingly violated the rules on OEM, which is not
clearly laid out in the EULA, by upgrading the motherboard. This resulted
in a denial of activation by telephone or internet. I still have the
original motherboard and will re-install it in a machine if that is what it
takes to qualify for activation. The other parts of the computer were not
purchased with Windows XP Home OEM. Second question is whether the OEM disc
I have along with the motherboard that I purchased with it are of any future
value?

BTW I have been an excellent buyer of Windows and own more than nine

copies of Windows from 3.1 to XP Pro. I have refused to use pirated
software in the past.

 

[Kelly]

How and which virus damaged your hard drive?

I purchased Windows XP Home OEM with a motherboard. I proceeded to

activate it with no problem. After a while, the hard drive was damaged by a
virus and had to be replaced. I had to do a re-activation after that
replacement. Then I unknowingly violated the rules on OEM, which is not
clearly laid out in the EULA, by upgrading the motherboard. This resulted
in a denial of activation by telephone or internet. I still have the
original motherboard and will re-install it in a machine if that is what it
takes to qualify for activation. The other parts of the computer were not
purchased with Windows XP Home OEM. Second question is whether the OEM disc
I have along with the motherboard that I purchased with it are of any future
value?

BTW I have been an excellent buyer of Windows and own more than nine

copies of Windows from 3.1 to XP Pro. I have refused to use pirated
software in the past.

 

[Guest]

I am not sure what the virus was. It wiped my MBR and then proceeded to get the hard drive indices. After determining that I could not recover the disk, I was trying to install XP again and XP kept changing the install disk back to the original disk. I changed it to disk D and tried to get an operating system to recover my hundred's of hurs of work. However, just before I hit the key to reinstall XP, no equipment changes at that time, it changed back to drive C and I hit install. The rest was history!

 

[Guest]

I lost the hard drive and had to re-install as set out in another message. Eventually I used WD's software tools and did eventually recover my hard drive. However, it now had a new VSN

My real question is why does the equipment used that was not bought with the OEM disc determine whether it can be activated. Otherwise, there should be a specific detailed statement by MS about their refusal to honor their software

 

[Jupiter Jones [MVP]]

You need to look at OEM as if it is manufactured, sold and supported
by the seller and not Microsoft.
Microsoft could help explain it better but in reality OEM is not a
Microsoft product and the sellers should explain the differences.
There are different OEMs and they do it differently so there is no one
answer Microsoft can state about the OEM.
However the seller knows exactly what they have and are fully able to
explain to their customers.

Internet activation was not possible, what happened when you attempted
to activate by phone?
If you bought OEM Windows XP with a motherboard, you should have no
problem activating by phone.
Simply call the displayed number to Microsoft, done in about 5
minutes.

--
Jupiter Jones [MVP]
http://www3.telus.net/dandemar/

I lost the hard drive and had to re-install as set out in another

message. Eventually I used WD's software tools and did eventually
recover my hard drive. However, it now had a new VSN.

My real question is why does the equipment used that was not bought

with the OEM disc determine whether it can be activated. Otherwise,
there should be a specific detailed statement by MS about their
refusal to honor their software.

 

[Bruce Chambers]

Greetings --


According to the EULA, an OEM license may not be transferred from
one distinct PC to another PC. However, this most emphatically does
not prohibit one from repairing/upgrading the original PC. To my
mind, replacing a defective motherboard certainly falls under the
category of "repair."

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.

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 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. Of course,
taken to extremes, this position also implies that, once the OEM
warranty expires, so does the OEM license. As this is so patently
absurd, that it doesn't really bare consideration.


Bruce Chambers
--
Help us help you:



You can have peace. Or you can have freedom. Don't ever count on
having both at once. -- RAH

 

[Ken Blake, MVP]

In

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.

Yes, it occurs to me that this whole question of OEM versions and
what constitutes the original computer is much much like that of
registering a car and what constitutes the original car. You buy
a car, register it with the state, and get a license plate
signifying that registration.

Over times, parts may fail or be destroyed in an accident and get
replaced. At what point in that series of replacements does the
car become no longer the original car? How much can you replace
without having to worry about whether your registration is still
valid (especially for cars that pre-date the introduction of
Vehicle Identification Numbers).

I've never seen anyone worry about this with a car. You can
replace as much as you need to and your registration and license
to use the car remains in effect. I've never heard of a situation
in which someone has been told that he's replaced the engine, the
transmission, the wheels and tires, all the body parts, the
upholstery, etc., and therefore his registration and license were
no longer valid.

In practice, the situation regarding computers and OEM versions
of the operating system is very much the same.

 

[Jupiter Jones [MVP]]

Ken;
My understanding (may not be correct)
The OEM is the determining factor.
They can decide what is and what is not a different computer.
Effectively the Motherboard is the determining factor for many since
many OEMs BIOS lock their version of Windows XP to the motherboard.

 

[Ken Blake, MVP]

In

Ken;
My understanding (may not be correct)
The OEM is the determining factor.
They can decide what is and what is not a different computer.

Yes, but in many cases, people build their own computers and put
generic OEM operating systems on them. They are therefore, in
effect, their own OEMs.

Effectively the Motherboard is the determining factor for many since
many OEMs BIOS lock their version of Windows XP to the

motherboard.


Yes, for such BIOS-locked versions, that's certainly true. I
should have made it clearer, but my comment was only about
generic Microsoft OEM versions, which are not like that at all.

 

[Jupiter Jones [MVP]]

Again I may be mistaken, but I do not think people who buy those
generic OEM Windows XP are the OEM.
The seller of the OEM may be because they are part of the System
Builder program or other Microsoft program.

Since these are usually sold because of a loophole Microsoft left
open, the people that buy these are often on their own with no
recourse if the determination is made it is a different computer.
Which also explains why no support from any source for many that buy
OEM.
More of the hazards of the cheaper OEM.

 

[=?ISO-8859-1?Q?=BBQ=AB?=]

Again I may be mistaken, but I do not think people who buy those
generic OEM Windows XP are the OEM.
The seller of the OEM may be because they are part of the System
Builder program or other Microsoft program.

Since these are usually sold because of a loophole Microsoft left
open, the people that buy these are often on their own with no
recourse if the determination is made it is a different computer.
Which also explains why no support from any source for many that
buy OEM.
More of the hazards of the cheaper OEM.

According to Microsoft
<http://www.microsoft.com/piracy/bas...sproductactivationtechnicalmarketbulletin.doc>,
for users who get Windows XP OEM not pre-activated, "activation is
completed in the exact same way as would someone who acquired
Windows XP by purchasing a boxed version at a retailer." My
apologies for their grammar.

If online activation (or reactivation) fails, Microsoft should
handle it over the phone in "exactly the same way" they'd handle
it for a user with a boxed retail version. If they are denying
activation for cases in which they'd grant it to boxed version
users, something is wrong with them. And if not, there is no
hazard that I can see.

 

[wojo]

Well if that's the case what's the difference between the Generic OEM and
the real product?
If the answer is nothing but the price then why would Microsoft license such
an arrangement?
I've never dealt with Generic OEM's so I have no idea but am simply curious.

 

[=?ISO-8859-1?Q?=BBQ=AB?=]

Well if that's the case what's the difference between the Generic
OEM and the real product?

OEM Windows XP is a real product.

But IKWYM. The retail boxed version comes with support from
Microsoft - how much and what kind of support, I don't know. OEM
versions do not come with support from Microsoft. But product
activation is not support, and should be available equally to anyone
with a legal copy of the OS.

If the answer is nothing but the price then why would Microsoft
license such an arrangement?

I've never dealt with Generic OEM's so I have no idea but am
simply curious.

I don't really know why Microsoft does not just force people to either
buy a machine with a preloaded OS or buy a retail boxed OS. I suspect
there are legal reasons, but again, I don't know.

 

[Jupiter Jones [MVP]]

Where exactly in that article are you referencing as applying to
generic OEM software sold by itself or simply a piece of hardware?
What I do see is:
"Product Activation and volume licenses"
"Product Activation and new pre-loaded PCs"
"Product Activation and retail boxed software product"
None of the above categories apply.

 

[=?ISO-8859-1?Q?=BBQ=AB?=]

<http://www.microsoft.com/piracy/basics/activation/windowsproductac
tiv ationtechnicalmarketbulletin.doc>,

Where exactly in that article are you referencing as applying to
generic OEM software sold by itself or simply a piece of hardware?
What I do see is:
"Product Activation and volume licenses"
"Product Activation and new pre-loaded PCs"
"Product Activation and retail boxed software product"
None of the above categories apply.

You're right. The quote I gave was for preloaded but
unactivated OEM versions. Sorry, I honestly didn't mean to provide
misinformation.

Do you believe that Microsoft has no obligation to activate
non-preloaded OEM versions? The EULA of the non-preloaded version
grants the end user the right to "install, use, access, display and
run one copy of the Product on a single computer" and ISTM that
denying activation would be violating Microsoft's end of the EULA.

 

[Jupiter Jones [MVP]]

The answer is not so clear without access to the precise agreement the
seller has with Microsoft.
Remember there are actually two agreements involved.
The agreement between Microsoft and the seller.
The agreement between the seller and the end user.
If the seller violates the agreement with Microsoft then Microsoft
could deny based on an illegal sale.
However if Microsoft did deny, it would most likely come back because
the buyer does not always understand.
Just because Microsoft (or any other business) has a right to
something does not always mean they will always exercise that right.

 

[Guest]

microsoft has a system, the retailer pays a cheapo price for say win xp to help get people to buy the pc. xp basically is like a trial run that you pay for when packaged with a pc. you get limited to no support, you can't use it on other machines, you can't change a motherboard without replacing it. therefore, people who get discouraged, have to go buy xp again, which you paid for with the pc package, if you want any freedom of use on another pc. microsoft makes big twice. by making it the retailer's problem and agreement and warranty to do whatever for the person who bought it, xp is not liable while making more money.

 

[=?ISO-8859-1?Q?=BBQ=AB?=]

The answer is not so clear without access to the precise agreement
the seller has with Microsoft.
Remember there are actually two agreements involved.
The agreement between Microsoft and the seller.
The agreement between the seller and the end user.
If the seller violates the agreement with Microsoft then Microsoft
could deny based on an illegal sale.
However if Microsoft did deny, it would most likely come back
because the buyer does not always understand.
Just because Microsoft (or any other business) has a right to
something does not always mean they will always exercise that
right.

Ah, I see. But that's three agreements, as the EULA I have is a
contract with Microsoft, not the seller I bought the OS directly
from. If my EULA's not actually valid (because Microsoft never
actually agreed to it), then I'd be plenty mad at the people who sold
it to me and at Microsoft for having no public statement (AFAICT)
about these arrangements, which are fairly common.

FWIW, I bought my OS from a reputable hardware dealer (NewEgg) along
with a case, power supply, mainboard, CPU, HDD, floppy, and video
card. I bought a DIMM from another company at the same time. Since
then I have had two HDDs fail (both RMAed easily, one with NewEgg and
one with the manufacturer, Western Digital) and I added another HDD
to my machine. These changes have not affected my ability to
activate online. I was never asked to reactivate, but I have
reinstalled and activated a couple of times. I don't expect to be
able to change my mainboard, but I do expect to upgrade the CPU and
add more memory without Microsoft ruling that I'm trying to use my OS
on a different computer.

I tried to find a leaked agreement between Microsoft and the hardware
retailers who distribute these OEM versions, but I can't come up with
anything. I know that Microsoft's settlement of the big DoJ case
involved remedies regarding what they can and can't do WRT the
preloading of their OS's by OEMs and what they can and can't do WRT
contracting with OEMs. I suspect that Microsoft does not have a
choice about whether or not to let this practice continue. But
IANAL, and I can't wade through it all.

The shady hardware dealers who are selling these things with only a
mouse or a cheap NIC are not helping matters any.