Cpu Upgrade re-Activation needed?

[Gordon]

All purchasers of OEM software are required to comply with the terms
of the System Builder License, including responsibility for providing
all end-user support.
http://www.microsoft.com/oem/sblicense/default.mspx

"Generally, you may upgrade or replace all of the hardware components
on your customer's computer and the customer may maintain the license
for the original Microsoft OEM operating system software, with the
exception of an upgrade or replacement of the motherboard. Unless
upgraded or replaced under warranty, if the motherboard is upgraded,
then a new computer has been created and the license of new operating
system software is required. The original Microsoft OEM operating system
software cannot be transferred to another computer. Please visit https://oem.microsoft.com/script/contentpage.aspx?PageID=552862

Carey, HOW MANY TIMES DO YOU HAVE TO BE TOLD TO GET IT THROUGH YOUR THICK
HEAD - End users do NOT see OR AGREE TO those Licence terms. they are NOT
in, and neither is there any reference to them in, the EULA.
NO COURT OF LAW IN THE WORLD will uphold a licence the End user has NOT
seen or agreed to.

Which is why MS has NEVER tested this in a court of law because they
know it would NOT be upheld.

 

[Leythos]

My OEM software comes with an EULA. In that EULA, there is no mention of
a motherboard. I bought three OEM XPs and ALL of them say NOTHING about
a motherboard so you can stop chanting YOUR mantra, Okie dokie?

Just because the OEM source doesn't fully comply with the MS rules, at
least the ones I know about, it doesn't absolve you of anything.

 

[Gordon]

Just because the OEM source doesn't fully comply with the MS rules, at
least the ones I know about, it doesn't absolve you of anything.

If you buy a perfectly legitimate OEM copy of Windows here in the UK then
you do NOT get a copy of the "system builders" licence. So you cannot
"agree" to MS rules if you are not given them, can you?

 

[Alias]

Just because the OEM source doesn't fully comply with the MS rules, at
least the ones I know about, it doesn't absolve you of anything.

Retail versions are not available in Spain, where I live. ONLY OEM
versions are available at ALL sources. And, even if I lived in the USA,
the ONLY EULA that would apply to me would be the one I agreed to, not
the one you would like me to agree to or indirectly agree to or whatever
"logic" you can come up with in a lame effort to show your attachment to
one upmanship.

Alias

 

[kurttrail]

You keep saying that, like a Mantra, and it doesn't change the fact
that OEM versions are sold to systems builders - even if it's jon doe
off the street, they are still considered an OEM as it's OEM
software. If they make the decision to purchase OEM they are
considered an OEM.

LOL! Just because MS wants to call a pig something else, doesn't mean
that you can't make bacon out of it.

--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com/mscommunity
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei"

 

[Alias]

Carey, HOW MANY TIMES DO YOU HAVE TO BE TOLD TO GET IT THROUGH YOUR THICK
HEAD - End users do NOT see OR AGREE TO those Licence terms. they are NOT
in, and neither is there any reference to them in, the EULA.
NO COURT OF LAW IN THE WORLD will uphold a licence the End user has NOT
seen or agreed to.

Which is why MS has NEVER tested this in a court of law because they
know it would NOT be upheld.

Right on!

Alias

 

[Leythos]

If you buy a perfectly legitimate OEM copy of Windows here in the UK then
you do NOT get a copy of the "system builders" licence. So you cannot
"agree" to MS rules if you are not given them, can you?

Just because the "Supplier" doesn't comply with the rules, it doesn't
mean that you are free from the rules/restrictions.

 

[kurttrail]

All purchasers of OEM software are required to comply with the terms
of the System Builder License, including responsibility for providing
all end-user support.
http://www.microsoft.com/oem/sblicense/default.mspx

"Generally, you may upgrade or replace all of the hardware components
on your customer's computer and the customer may maintain the license
for the original Microsoft OEM operating system software, with the
exception of an upgrade or replacement of the motherboard. Unless
upgraded or replaced under warranty, if the motherboard is upgraded,
then a new computer has been created and the license of new operating
system software is required. The original Microsoft OEM operating
system
software cannot be transferred to another computer. Please visit
https://oem.microsoft.com/script/contentpage.aspx?PageID=552862

The words you quote are hidden behind password-protection.

See those words don't apply to me, since I can't even see them, in
context, to be able to agree or disagree with them. I'm not a Microsoft
Certified System Builder, and I never plan to be one, so a site that
outlines rules for MS Certified System builders is totally irrelevent to
me, and every other End User.


--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com/mscommunity
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei"

 

[Alias]

Just because the "Supplier" doesn't comply with the rules, it doesn't
mean that you are free from the rules/restrictions.

Yes it does and, in Spain, Microsoft has a few offices. They sell the
OEMs to the suppliers and you're saying they don't know they are selling
them to retail stores? Puhlease!

Alias

 

[Alias]

The words you quote are hidden behind password-protection.

See those words don't apply to me, since I can't even see them, in
context, to be able to agree or disagree with them. I'm not a Microsoft
Certified System Builder, and I never plan to be one, so a site that
outlines rules for MS Certified System builders is totally irrelevent to
me, and every other End User.

I think that Carey and Leythos are just jealous because they stupidly
bought retail versions.

Alias

 

[Carey Frisch [MVP]]

Resellers of Microsoft OEM operating systems must inform
the purchaser that the use of OEM software is governed by
the Microsoft OEM System Builders rules and licensing
agreement. If the seller should fail to mention this, then the
seller has done you a disservice. However, it does not absolve
you of the System Builders rules and licensing agreement
pertaining to the use of OEM software.

--
Carey Frisch
Microsoft MVP
Windows - Shell/User
Microsoft Community Newsgroups
news://msnews.microsoft.com/

---------------------------------------------------------------------------­----------------

:

| Carey, HOW MANY TIMES DO YOU HAVE TO BE TOLD TO GET IT THROUGH YOUR THICK
| HEAD - End users do NOT see OR AGREE TO those Licence terms. they are NOT
| in, and neither is there any reference to them in, the EULA.
| NO COURT OF LAW IN THE WORLD will uphold a licence the End user has NOT
| seen or agreed to.
|
| Which is why MS has NEVER tested this in a court of law because they
| know it would NOT be upheld.
|
| --
| Gordon Burgess-Parker
| Interim Systems and Management Accounting

 

[kurttrail]

Just because the "Supplier" doesn't comply with the rules, it doesn't
mean that you are free from the rules/restrictions.

LOL! And who is spewing their mantra now?

--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com/mscommunity
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei"

 

[Alias]

Resellers of Microsoft OEM operating systems must inform
the purchaser that the use of OEM software is governed by
the Microsoft OEM System Builders rules and licensing
agreement. If the seller should fail to mention this, then the
seller has done you a disservice. However, it does not absolve
you of the System Builders rules and licensing agreement
pertaining to the use of OEM software.

Yes it does. An end user agrees to an End User Licence Agreement, not a
System Builder's licence agreement. Too logical for ya, Carey? That
said, MS allows RETAIL stores to sell generic OEM XPs in Spain. Are you
saying that MS doesn't know what they're doing?

Alias

 

[kurttrail]

I think that Carey and Leythos are just jealous because they stupidly
bought retail versions.

Alias

Carey is stupid enough to buy retail, as he needs those 2 support calls
that the extra $200 dollars buy!

LameGirl sells MS Licenses to customers, so the more he can bend MS's BS
rules to his advantage, the more money in his pocket.

Carey is just a fool, but LameGirl is a con-artist.

--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com/mscommunity
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei"

 

[Kerry Brown]

Carey, HOW MANY TIMES DO YOU HAVE TO BE TOLD TO GET IT THROUGH YOUR
THICK HEAD - End users do NOT see OR AGREE TO those Licence terms.
they are NOT in, and neither is there any reference to them in, the
EULA.
NO COURT OF LAW IN THE WORLD will uphold a licence the End user has
NOT seen or agreed to.

Which is why MS has NEVER tested this in a court of law because they
know it would NOT be upheld.

The system builder is bound by their agreement with Microsoft. The system
builder has to support the OEM version of Windows. Microsoft is entirely
within their rights to refuse activation for any reason and refer you back
to the system builder to sort things out. I don't like it. I don't agree
with it but this is my interpetation as a system builder after talking to
several different MS reps over the last year. Microsoft doesn't have to take
anyone to court. If they deny you activation and you feel you are wronged
the onus is on you to take them to court. Who do you think has more money to
pay the lawyers? I tend to agree with you that eventually a court would not
uphold the EULA but at what price and how many years of litigation? Right or
wrong activation is something you have to deal with when using Windows and
Microsoft controls it.

Kerry

 

[Gordon]

Resellers of Microsoft OEM operating systems must inform
the purchaser that the use of OEM software is governed by
the Microsoft OEM System Builders rules and licensing
agreement. If the seller should fail to mention this, then the
seller has done you a disservice.

No OEM vendor refers to the System Builder's licence in the EULA, which is
what the End User agrees to.

However, it does not absolve
you of the System Builders rules and licensing agreement
pertaining to the use of OEM software.

Oh yes it does. Ever heard of Unfair Contract terms? That applies to a
contract that I CANNOT and NEVER do see. No-one can EVER be bound by
a Licence agreement they DO NOT SEE AND READ.

I suggest you bone up on law of contract before you carry on making a
complete idiot of yourself. As I said, NO COURT IN THE WORLD would enforce
terms of a licence that the alleged licencee HAS NOT SEEN OR READ OR
AGREED TO. Which is why MS HAS never and WILL never take this to court.

 

[Gordon]

The system builder is bound by their agreement with Microsoft. The system
builder has to support the OEM version of Windows. Microsoft is entirely
within their rights to refuse activation for any reason and refer you back
to the system builder to sort things out. I don't like it. I don't agree
with it but this is my interpetation as a system builder after talking to
several different MS reps over the last year. Microsoft doesn't have to take
anyone to court. If they deny you activation and you feel you are wronged
the onus is on you to take them to court. Who do you think has more money to
pay the lawyers? I tend to agree with you that eventually a court would not
uphold the EULA but at what price and how many years of litigation? Right or
wrong activation is something you have to deal with when using Windows and
Microsoft controls it.

Kerry

That's not the point - Carey keeps saying that the End user is bound by
the System Builder's Licence - my point is that the End User never sees
the licence or any reference to it, and does not agree to it, therefore
the End User is NOT bound by the System Builder's licence. the System
Builder may be bound by it, but that's not what is at issue here.

 

[Kerry Brown]

That's not the point - Carey keeps saying that the End user is bound
by the System Builder's Licence - my point is that the End User never
sees the licence or any reference to it, and does not agree to it,
therefore the End User is NOT bound by the System Builder's licence.
the System Builder may be bound by it, but that's not what is at
issue here.

Yes it is. With OEM software the system builder has to provide support. If
there is an activation issue it is up to the system builder to resolve it.
All the EULA says about activation is that you must activate within 30 days
and if the license is deemed invalid it won't be activated. If the license
is invalid your only recourse is to go to the OEM manufacturer or the
retailer for support. If you have changed the computer in any way the OEM
can then say you've invalidated the warranty and don't have any support.
It's a catch-22 and the end user loses. I certainly don't agree with it and
I don't treat my customers like this. Personally I have upgraded
motherboards for customers. As long as they buy them from me and either I or
someone I trust to do the job right installs them I will support them. I
have had to phone for activation when doing this and have always been
completely honest on the phone and have never been refused activation. If
the OEM supports it Microsoft will activate it is my understanding.

Kerry

 

[Carey Frisch [MVP]]

"The SOFTWARE is licensed with the COMPUTER as a single
integrated product and may only be used with the COMPUTER"

"Generally, you may upgrade or replace all of the hardware components
on your customer's computer and the customer may maintain the license
for the original Microsoft OEM operating system software, with the
exception of an upgrade or replacement of the motherboard."

Therefore, if an end user replaces a non-defective motherboard with
a different model, the OEM license is no longer valid since a new
computer has been created as a result of replacing the motherboard.

Microsoft is under no obligation to allow activation of an OEM
version of Windows if the end user changes the motherboard since
the change invalidates the claim that the same computer is in use.
That is specifically why a user should consider using a "Retail Version"
of Windows rather than a one-time OEM Windows license if
motherboard upgrades are anticipated.

--
Carey Frisch
Microsoft MVP
Windows - Shell/User
Microsoft Community Newsgroups
news://msnews.microsoft.com/

---------------------------------------------------------------------------­----------------

:

| That's not the point - Carey keeps saying that the End user is bound by
| the System Builder's Licence - my point is that the End User never sees
| the licence or any reference to it, and does not agree to it, therefore
| the End User is NOT bound by the System Builder's licence. the System
| Builder may be bound by it, but that's not what is at issue here.
|
| --
| Gordon Burgess-Parker
| Interim Systems and Management Accounting

 

[kurttrail]

Yes it is. With OEM software the system builder has to provide
support.

LOL! Have you ever called up an OEM and had them place the blame on MS?

I have.

If there is an activation issue it is up to the system
builder to resolve it.

Only if it has to do with Bios-locking. If a small OEM puts on a
generic OEM copy of XP on a computer he sells, the End User doesn't call
the small OEM up for activation, the End User calls MS in India or
Pakistan, or some country where they don't speak them same brand of
English!

All the EULA says about activation is that you
must activate within 30 days and if the license is deemed invalid it
won't be activated. If the license is invalid your only recourse is
to go to the OEM manufacturer or the retailer for support.

Why? The OEM didn't deny the activation! MS should be sued!

If you
have changed the computer in any way the OEM can then say you've
invalidated the warranty and don't have any support. It's a catch-22
and the end user loses. I certainly don't agree with it and I don't
treat my customers like this. Personally I have upgraded motherboards
for customers. As long as they buy them from me and either I or
someone I trust to do the job right installs them I will support
them. I have had to phone for activation when doing this and have
always been completely honest on the phone and have never been
refused activation. If the OEM supports it Microsoft will activate it
is my understanding.

Nope. When that happens, MS has converted another person away from
buying legit software.

Who loses? Not MS. The big losers are those in the business of selling
legit software, like retailers and your local computer store.

--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com/mscommunity
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei"