DanS said:
Does it also not say that it is up to the system builder to decide whether
or not the motherboard replacment was necessary ?
The EULA doesn't explicitly state this, no. But Microsoft employees
have said as much in other newsgroups, in times past.
It is Microsoft's official position, when talking to its Licensed
Systems Builders (those who can install and sell OEM licenses on systems
they build), that the motherboard is the computer. Licensed Systems
Builders are contractually obligated to treat a new motherboard (one not
installed to replace a defective unit, that is) as a new computer; but
this limitation/definition can't be applied to the end user (the home
consumer, for instance) until the EULA is re-written. The OEM End User
License Agreement (EULA), which is the only agreement there is between
the user and Microsoft, and the only agreement to which the end-user
agrees to be bound, most definitely does not specify any single
component as the "computer."
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 or upgrading the PC on which an OEM license
is installed.
If you build your own system, and install an OEM version, ergo, you are the
system builder and can authorize replacement of the MB w/o invalidating
that OEM copy of Windows.
(At least that's what it said last time I read it.)
Again, although I agree with you, the EULA itself doesn't say anything
on this topic, one way or another.
However, 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.
--
Bruce Chambers
Help us help you:
They that can give up essential liberty to obtain a little temporary
safety deserve neither liberty nor safety. ~Benjamin Franklin
Many people would rather die than think; in fact, most do. ~Bertrand Russell
The philosopher has never killed any priests, whereas the priest has
killed a great many philosophers.
~ Denis Diderot
