Licence for WinXP Home OEM

[Guest]

I have Windows XP OEM Home, that came with new computer about 3-4 years ago.
Computer went dead a long time ago and was dissambled.

Can i use this Windows XP Home OEM on other computer?

 

[kurttrail]

I have Windows XP OEM Home, that came with new computer about 3-4
years ago. Computer went dead a long time ago and was dissambled.

Can i use this Windows XP Home OEM on other computer?

According to MS, no. According to reality, maybe, if you can come up
with a story that is very convincing.

--
Peace!
Kurt
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microscum.pubic.windowsexp.gonorrhea
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"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei"

 

[Frank Saunders, MS-MVP OE]

I have Windows XP OEM Home, that came with new computer about 3-4
years ago. Computer went dead a long time ago and was dissambled.

Can i use this Windows XP Home OEM on other computer?

Depending on the computer manufacturer, it may well be tied to the BIOS on
the old computer.

--
Frank Saunders, MS-MVP OE
Please respond in Newsgroup only. Do not send email
http://www.fjsmjs.com
Protect your PC
http://www.microsoft.com./athome/security/protect/default.aspx
http://defendingyourmachine.blogspot.com/

 

[Ken Blake]

In

I have Windows XP OEM Home, that came with new computer about
3-4
years ago. Computer went dead a long time ago and was
dissambled.

Can i use this Windows XP Home OEM on other computer?

One of the major disadvantages of OEM versions is that their
license ties them permanently to the first computer they are
installed on. So no, you may not legally do this.

Moreover, it may not even be possible. Some OEM copies are
BIOS-locked to the computer they came with.

 

[Guest]

:

One of the major disadvantages of OEM versions is that their
license ties them permanently to the first computer they are
installed on. So no, you may not legally do this.

Where in EULA or in booklet (came with OEM) this is said?
I only found that support is provided by OEM partner, and that this is sold
with new computers. But i don't any words about permanent connection to first
computer.
I thought, that if XP OEM will install on computer, than all is good?

 

[Carey Frisch [MVP]]

An OEM license for Windows XP is permanently bound to the first
computer it is installed and activated on. If your computer dies,
so does the license. Only a "Retail Version" of Windows XP may
be transferred to another computer system.

--
Carey Frisch
Microsoft MVP
Windows XP - Shell/User
Microsoft Newsgroups

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

:

| Where in EULA or in booklet (came with OEM) this is said?
| I only found that support is provided by OEM partner, and that this is sold
| with new computers. But i don't any words about permanent connection to first
| computer.
| I thought, that if XP OEM will install on computer, than all is good?

 

[Ken Blake]

In

:


Where in EULA or in booklet (came with OEM) this is said?

In this paragraph of the OEM EULA:

" * Software as a Component of the Computer - Transfer. THIS
LICENSE MAY NOT BE SHARED,
TRANSFERRED TO OR USED CONCURRENTLY
ON DIFFERENT COMPUTERS. The SOFTWARE
is licensed with the HARDWARE as a single integrated
product and may only be used with the HARDWARE. If the
SOFTWARE is not accompanied by new HARDWARE, you may
not use the SOFTWARE. You may permanently transfer all
of your rights under this EULA only as part of a
permanent sale or transfer of the HARDWARE, provided
you retain no copies, if you transfer all of the SOFTWARE
(including all component parts, the media and printed
materials, any upgrades, this EULA and the Certificate
of Authenticity), and the recipient agrees to the terms
of this EULA. If the SOFTWARE is an upgrade, any
transfer must also include all prior versions of the
SOFTWARE. "

I only found that support is provided by OEM partner, and that
this
is sold with new computers. But i don't any words about
permanent
connection to first computer.
I thought, that if XP OEM will install on computer, than all is
good?

Sorry, I can't understand that last sentence at all. Can you
clarify it?

 

[Jonah]

An OEM license for Windows XP is permanently bound to the first
computer it is installed and activated on. If your computer dies,
so does the license. Only a "Retail Version" of Windows XP may
be transferred to another computer system.

Alex sorry about the Hijack

Carey I have changed a faulty MOBO several times in the past for
clients and got the OEM re-activated after calling M$ and explaining,
never had a problem. Presumably this is at M$ discretion but if I can
get a new MOBO fitted and activated I can then change all the other
components over a several months and end up with a "New" PC with the
OEM from a totally different PC?

Actually I have done just that with one of mine, the only original
component now is the front USB slot and its not connected. Changes
started with the MOBO, M$ re-activated it for me and went on for about
8 months. Still on its original SP1 OEM Installation and it validates.
OK its the only PC I know of out of the hundreds I fix which is
entirely different from its original spec but there must be more.

Jonah

 

[Winux P]

I have Windows XP OEM Home, that came with new computer about 3-4 years
ago.
Computer went dead a long time ago and was dissambled.

Can i use this Windows XP Home OEM on other computer?

Indeed you can, more importantly, you should. It is a generic OEM? After
installing on your other computer activate it. If over the phone activation
is required, you tell the lovely PA person, you're activing this copy of XP
again cause your rebuilding after a corrupted system, like severe damage by
a virus or something. It's your WinXP, you paid for it, the decision is
yours. EULA is so loop hole infested the Ministry of Sh!t's claim of, no you
can't, is a tall one indeed.

- Winux P

 

[Lil' Dave]

Been reading the OEM posts/replies for sometime now. Find them very
inaccurate regarding my own experiences with my own home PC.
Specifically OEM XP w/SP1, purchased with hardware type OEM.

First clean installed on homebuilt PC. Then, a motherboard change. Did
another clean install. Activated fine over the internet. Many hardware
changes later, was forced to reactivate. MS gave me a new product key,
after I gave them the former product key. No questions asked.

So, I read all the mumbo-jumbo legal stuff spouted by those who are just ab
libbing. Glad to see someone with some reality experience. Thanks for
sharing some reality, not ab libbing.

 

[Bruce Chambers]

I have Windows XP OEM Home, that came with new computer about 3-4 years ago.
Computer went dead a long time ago and was dissambled.

Can i use this Windows XP Home OEM on other computer?

Technically, the answer depends upon the specific type of OEM
installation CD you received with the computer. If it was a generic OEM
CD, such as distributed by small systems builders, it should install.
If, however, you have a branded OEM CD provided by a major computer
manufacturer, it probably will not install, and almost certainly should
not activate. If you have an OEM Recovery/Restore CD, it very probably
can't be used on any computer other than the make/model for which it was
designed.

Legally, the answer depends upon where you live. If you live in the
United States, or another country that recognizes intellectual property
laws that actually protect the creator of the property, and/or the laws
of other countries, then an OEM version must be sold with a piece of
hardware (normally a motherboard or hard rive, if not an entire PC) and
is _permanently_ bound to the first PC on which it's installed. An OEM
license, once installed, is not legally transferable to another computer
under _any_ circumstances. If, however, you live in a country where
intellectual property laws and the rights of the creators are given
short shrift, such as Russia, China, India, and parts of the EU, then it
may be legal to reuse an OEM license. Of course, such "legality" does
not magically bestow technical capability, so the conditions mentioned
in the first paragraph still apply.

Ultimately, the answer depends upon *your* sense ethics. When you
first booted up that old computer with the OEM license, you were
prompted to either agree to the license terms, or not. From your post,
it seems clear that you agreed to be bound by the terms of the OEM
license. So, if your given word has *NO* value, if your signature on a
contract is meaningless, if you have no integrity, then you can feel
free to attempt to reuse that OEM license.


--

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

 

[Bruce Chambers]

Where in EULA or in booklet (came with OEM) this is said?
I only found that support is provided by OEM partner, and that this is sold
with new computers. But i don't any words about permanent connection to first
computer.

From the WinXP OEM EULA:

"The term 'COMPUTER' as used herein shall mean the HARDWARE, if the
HARDWARE is a single computer system, or shall mean the computer system
with which the HARDWARE operates, if the HARDWARE is a computer system
component."

"The SOFTWARE is licensed with the HARDWARE as a single integrated
product and may only be used with the HARDWARE. If the SOFTWARE is
not accompanied by new HARDWARE, you may not use the SOFTWARE. You may
permanently transfer all of your rights under this EULA only as part of
a permanent sale or transfer of the HARDWARE, provided you retain no
copies, if you transfer all of the SOFTWARE (including all component
parts, the media and printed materials, any upgrades, this EULA and the
Certificate of Authenticity), and the recipient agrees to the terms
of this EULA."

I thought, that if XP OEM will install on computer, than all is good?

Even if it installs, it may not activate, as Microsoft has recently
tightened the activation process as it regards OEM licenses.



--

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

 

[Bruce Chambers]

Carey I have changed a faulty MOBO several times in the past for
clients and got the OEM re-activated after calling M$ and explaining,
never had a problem. Presumably this is at M$ discretion but if I can
get a new MOBO fitted and activated I can then change all the other
components over a several months and end up with a "New" PC with the
OEM from a totally different PC?

Actually I have done just that with one of mine, the only original
component now is the front USB slot and its not connected. Changes
started with the MOBO, M$ re-activated it for me and went on for about
8 months. Still on its original SP1 OEM Installation and it validates.
OK its the only PC I know of out of the hundreds I fix which is
entirely different from its original spec but there must be more.

Jonah

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.




--

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

 

[Bruce Chambers]

If over the phone activation
is required, you tell the lovely PA person, you're activing this copy of XP
again cause your rebuilding after a corrupted system, like severe damage by
a virus or something.

So, it's your presumption that the OP should be as totally lacking in
integrity as you, and should be willing to lie? Granted, it's a sad
world, but not everyone has yet sunk to your level.

It's your WinXP, you paid for it, the decision is
yours.

Ah, proof of concept! An outright lie. We all know perfectly well
that WinXP does not belong to the OP. It's intellectual property that
belongs to its creator. The only thing the OP ever purchased was a
license to use the product in accordance with the terms of said license.

EULA is so loop hole infested ....

Name one. Better yet, name a single court decision that invalidates
the EULA.


--

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

 

[Alias]

Name one. Better yet, name a single court decision that invalidates the
EULA.

Can you name a single court decision that validates it in regards to an end
user who bought a generic OEM?

Alias

 

[kurttrail]

So, it's your presumption that the OP should be as totally lacking in
integrity as you, and should be willing to lie? Granted, it's a sad
world, but not everyone has yet sunk to your level.

It is more like sinking to MS's level. MS has yet to legally prove that
they have the right to limit a persons use in the privacy of their home,
so one FUD deserves another.

Ah, proof of concept! An outright lie. We all know perfectly well
that WinXP does not belong to the OP. It's intellectual property that
belongs to its creator.

Wrong. It is copyrighted material, and the author(s) is/are not
necessarily the owners of the copyright.

The copyright owner owns the copyright. The individual owns his/her
copy of copyright material.

The only thing the OP ever purchased was a
license to use the product in accordance with the terms of said
license.

They are the owner of a copy of copyrighted material as soon as they are
sold that copy from the previous onwer, and usually it is not the owner
of the copyright.

The copy of copyrighted material does come with a post-sale shrink-wrap
license, but there is not legal precedent that says a shrink-wrap
license can change the conditions of sale of a copy of copyrighted
material.

Name one. Better yet, name a single court decision that invalidates
the EULA.

Actually, there isn't one that has invalidated a whole shrink-wrap
license, but specific terms have been found unconscionable. Check out
Klocek v. Gateway.

--
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"

 

[Bruce Chambers]

Can you name a single court decision that validates it in regards to an end
user who bought a generic OEM?

Alias

` Certainly. Both I and your hero Kurttrail have done so repeatedly.

Procd, Inc. v. Zeidenberg
http://www.law.emory.edu/7circuit/june96/96-1139.html


--

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

 

[Bruce Chambers]

Actually, there isn't one that has invalidated a whole shrink-wrap
license,

Again, we agree on something. How unusual. Thanks for starting to see
the light. There's hope for you, yet.

but specific terms have been found unconscionable. Check out
Klocek v. Gateway.

Granted, an "unconscionable contract can be invalidated by a court, but
I don't see how you could possibly misinterpret Gateway's business
practice/license regarding support to being pertinent to the question at
hand. Got any court cases that actually address the subject under
discussion?



--

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

 

[Alias]

` Certainly. Both I and your hero Kurttrail have done so repeatedly.

Kurt is not my hero. He makes some good points and he makes some bad points
just like you. Many of your posts, btw, have been very helpful to me.

Procd, Inc. v. Zeidenberg
http://www.law.emory.edu/7circuit/june96/96-1139.html

1996? LOL! Win95 just came out. Show me a case that validates an XP OS EULA
and in regards to an end user who has bought a generic OEM.

Alias

 

[Bruce Chambers]

1996? LOL! Win95 just came out. Show me a case that validates an XP OS EULA
and in regards to an end user who has bought a generic OEM.

That's right, 1996. And in all of the time since then, the decision
has not been overturned. It hasn't even been seriously challenged, to
the best of my knowledge. That pretty much proves my point, I'd say.

And you've never heard of the concept of legal precedent,
apparently? The case clearly establishes that shrink-wrapped EULAs,
until and unless *individually* proven invalid for cause, are
enforceable contracts. No distinction is made to even hint that OEM
EULAs are any different.


--

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