My pc mother board has died - Install xp oem

L

Larry Samuels

ROTFLMFAO!!!

It hasn't happened in a long time, but remind me not to p*ss you off <G>


--
Larry Samuels Associate Expert
MS-MVP (2001-2005)
Unofficial FAQ for Windows Server 2003 at
http://pelos.us/SERVER.htm
Expert Zone-
 
R

Rhonda Lea Kirk

Carey said:
In summary, here are the facts regarding Microsoft OEM licensing,
whether it is a generic OEM or PC manufacturer's preinstalled OEM:

1. An OEM license is a single-use license.
2. An OEM license is licensed for use only on the first computer
it is installed and activated on.
3. An OEM license is non-transferable to a different computer.
4. An OEM license is permanently tied to the motherboard BIOS.
5. If a motherboard becomes defective, it must be replaced with
an identical make and model, otherwise the OEM license is invalid
and a new license is required.

Dear Carey,

With regard to items 4 and 5, it does not say that anywhere in the EULA
on my computer. I have the feeling that in item 1, you meant "user" not
"use," and items 2 and 3 are close enough to accept as accurate--at
least insofar as my EULA is concerned.

But, as I said, 4 and 5 are nowhere in the document, and I just read the
whole thing all over again (except the French, because French annoys
me).

My EULA does, however, say the following, and it is a paragraph that we
in the legal profession refer to as "boilerplate," because it is
something we always insert in every agreement in substantially the same
form as set forth below:

ENTIRE AGREEMENT; SEVERABILITY.
This EULA (including any addendum or amendment to this EULA
which is included with the SOFTWARE) are the entire
agreement between you and Manufacturer relating to the
SOFTWARE and support or other services (if any) and they
supersede all prior or contemporaneous oral or written
communications, proposals and representations with respect
to the SOFTWARE or any other subject matter covered by this
EULA. If any provision of this EULA is held to be void,
invalid, unenforceable or illegal, the other provisions
shall continue in full force and effect.

It doesn't matter what Microsoft says on any website. It doesn't matter
what company employees tell you or me or anyone. The EULA I accepted
supersedes it all. It says so in the EULA.

So if I change my motherboard tomorrow, for any reason, I will be
completely within my rights to reactivate my software, and God help the
licensing tech who gets in my way.

rl
 
R

Rhonda Lea Kirk

I found what's below by following links in the Help and Support Center
installed on my computer. It is a short excerpt taken from "Myths of
Product Activation."

Apparently the misinformation is rampant enough that Microsoft felt the
need to dispell it.

http://www.microsoft.com/piracy/activation_myths.mspx

Product Activation keeps users from changing or upgrading their
hardware.
Not true at all. Users can change or upgrade their hardware. One of the
forms of piracy that Product Activation guards against is hard disk
imaging. Not all forms of hard disk imaging are illegal. In the case
where a pirate copies data from one PC hard drive to another to
illegally run the software on two PCs, Product Activation stops that by
forcing the copied software to be reactivated. It does so by comparing
the hardware on which it was activated to the hardware on which it is
now being booted. If the hardware is substantially different, then
reactivation is required. If it is the same or similar, then the
software will continue to work. Those who upgrade their PC's hardware
substantially may be asked to reactivate. Reactivation for this reason
is easy and can be completed by contacting Microsoft to obtain another
confirmation ID.
 
C

Carey Frisch [MVP]

Sorry, but a preinstalled OEM Dell customized version
of Windows XP will not activate if a non-Dell motherboard
is installed. The Dell issued OEM license for Windows XP
will only activate with an approved Dell motherboard.

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

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

:

| Carey Frisch [MVP] wrote:
| > In summary, here are the facts regarding Microsoft OEM licensing,
| > whether it is a generic OEM or PC manufacturer's preinstalled OEM:
| >
| > 1. An OEM license is a single-use license.
| > 2. An OEM license is licensed for use only on the first computer
| > it is installed and activated on.
| > 3. An OEM license is non-transferable to a different computer.
| > 4. An OEM license is permanently tied to the motherboard BIOS.
| > 5. If a motherboard becomes defective, it must be replaced with
| > an identical make and model, otherwise the OEM license is invalid
| > and a new license is required.
|
| Dear Carey,
|
| With regard to items 4 and 5, it does not say that anywhere in the EULA
| on my computer. I have the feeling that in item 1, you meant "user" not
| "use," and items 2 and 3 are close enough to accept as accurate--at
| least insofar as my EULA is concerned.
|
| But, as I said, 4 and 5 are nowhere in the document, and I just read the
| whole thing all over again (except the French, because French annoys
| me).
|
| My EULA does, however, say the following, and it is a paragraph that we
| in the legal profession refer to as "boilerplate," because it is
| something we always insert in every agreement in substantially the same
| form as set forth below:
|
| ENTIRE AGREEMENT; SEVERABILITY.
| This EULA (including any addendum or amendment to this EULA
| which is included with the SOFTWARE) are the entire
| agreement between you and Manufacturer relating to the
| SOFTWARE and support or other services (if any) and they
| supersede all prior or contemporaneous oral or written
| communications, proposals and representations with respect
| to the SOFTWARE or any other subject matter covered by this
| EULA. If any provision of this EULA is held to be void,
| invalid, unenforceable or illegal, the other provisions
| shall continue in full force and effect.
|
| It doesn't matter what Microsoft says on any website. It doesn't matter
| what company employees tell you or me or anyone. The EULA I accepted
| supersedes it all. It says so in the EULA.
|
| So if I change my motherboard tomorrow, for any reason, I will be
| completely within my rights to reactivate my software, and God help the
| licensing tech who gets in my way.
|
| rl
| --
 
C

Carey Frisch [MVP]

Except for the motherboard....

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

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

|I found what's below by following links in the Help and Support Center
| installed on my computer. It is a short excerpt taken from "Myths of
| Product Activation."
|
| Apparently the misinformation is rampant enough that Microsoft felt the
| need to dispell it.
|
| http://www.microsoft.com/piracy/activation_myths.mspx
|
| Product Activation keeps users from changing or upgrading their
| hardware.
| Not true at all. Users can change or upgrade their hardware. One of the
| forms of piracy that Product Activation guards against is hard disk
| imaging. Not all forms of hard disk imaging are illegal. In the case
| where a pirate copies data from one PC hard drive to another to
| illegally run the software on two PCs, Product Activation stops that by
| forcing the copied software to be reactivated. It does so by comparing
| the hardware on which it was activated to the hardware on which it is
| now being booted. If the hardware is substantially different, then
| reactivation is required. If it is the same or similar, then the
| software will continue to work. Those who upgrade their PC's hardware
| substantially may be asked to reactivate. Reactivation for this reason
| is easy and can be completed by contacting Microsoft to obtain another
| confirmation ID.
|
|
 
F

Fat Kev

Carey Frisch said:
Sorry, but a preinstalled OEM Dell customized version
of Windows XP will not activate if a non-Dell motherboard
is installed. The Dell issued OEM license for Windows XP
will only activate with an approved Dell motherboard.

The above statement is completely incorrect. Activation these days
isn't as stringent as it is made out to be. The current MS strategy is
to install XP on as many machines as possible to avoid serious challenge
from Linux.
 
K

kurttrail

Carey said:
Sorry, but a preinstalled OEM Dell customized version
of Windows XP will not activate if a non-Dell motherboard
is installed. The Dell issued OEM license for Windows XP
will only activate with an approved Dell motherboard.

Bullocks! A Dell issued license with a Dell mobo doesn't need to be
activated as it is BIOS-locked.

A Dell key being used on a non-Dell mobo can be activated by phone. I
know because I've done it multiple times.

The difference between you and me is that my knowledge comes from doing,
from actual real life experience, and your knowledge comes from what you
have been told by others, IOW you believe in fairy tales.

--
Peace!
Kurt Kirsch
Self-anointed Moderator
http://microscum.com
"It'll soon shake your Windows
And rattle your walls
For the times they are a-changin'."
 
K

kurttrail

Carey said:
Except for the motherboard....

Again, please quote the EULA and/or SBL where it specifically states
that. You cannot, because that EULA/SBL quote doesn't exist, and never
has existed!

You can repeat your nonsense over and over again, like a good little
Nazi propagandist, but it still doesn't make it a reality, Carey.

--
Peace!
Kurt Kirsch
Self-anointed Moderator
http://microscum.com
"It'll soon shake your Windows
And rattle your walls
For the times they are a-changin'."
 
R

Rhonda Lea Kirk

Carey said:
Except for the motherboard....

If I get really bored next week, I'm going to print out this thread and
mail it to Microsoft's legal department along with a copy of my EULA and
a request for clarification and interpretation, because this is getting
on my nerves.

OTOH, because I don't expect to receive permission to post it, you're
just going to have to take my word for it.

<laughing>

Enough. I'll quit now. I think the point has been made over and over
again, and this thread isn't fun anymore.

rl
 
G

Guest

You have my express permission to print every word
I posted in this newsgroup and forward it to whomever
you so desire.
 
R

Rhonda Lea Kirk

Carey said:
You have my express permission to print every word
I posted in this newsgroup and forward it to whomever
you so desire.

<scratches head> Y'know...I hadn't even thought about that.

Interesting point. And off the top of my head, I'm not sure what is
permissible. Copyright and fair use drive me crazy.

Maybe just to keep it nice and clean, I'll stick to a summary of the
various arguments that have been put forth here.

rl
--
Rhonda Lea Kirk

The only thing that makes life worth living is the willingness to
risk everything. Unless you risk everything, you don't have a life.
Roger Payne
 
K

kurttrail

Rhonda said:
<scratches head> Y'know...I hadn't even thought about that.

Interesting point. And off the top of my head, I'm not sure what is
permissible. Copyright and fair use drive me crazy.

Maybe just to keep it nice and clean, I'll stick to a summary of the
various arguments that have been put forth here.

You really don't need any permission to use these posts, unless you were
reproducing them for sale.

--
Peace!
Kurt Kirsch
Self-anointed Moderator
http://microscum.com
"It'll soon shake your Windows
And rattle your walls
For the times they are a-changin'."
 
A

Alias

Carey said:
Except for the motherboard....

Why do you LIE? NOWHERE in the EULA does it say that. I just replaced
one and it activated on line and passed the WGA. So, you must be saying
that MS is wrong and you are right. Have you informed them of this yet?

Alias
 
B

Beck

Carey said:
Sorry, but a preinstalled OEM Dell customized version
of Windows XP will not activate if a non-Dell motherboard
is installed. The Dell issued OEM license for Windows XP
will only activate with an approved Dell motherboard.

So are you now saying its just branded OEMs affected?
 
J

Jonny

Carey Frisch said:
In summary, here are the facts regarding Microsoft OEM licensing,
whether it is a generic OEM or PC manufacturer's preinstalled OEM:

1. An OEM license is a single-use license.

And the difference between this particular restriction and the retail
version with a single use restriction?
Means nothing.
2. An OEM license is licensed for use only on the first computer
it is installed and activated on.

What is a "computer" exactly? Define the hardware components as stated in
"computer".
3. An OEM license is non-transferable to a different computer.

See above question. Define "different" within that context.
4. An OEM license is permanently tied to the motherboard BIOS.

Bullshit. Generic OEM install CDs don't care about the PC's bios.
5. If a motherboard becomes defective, it must be replaced with
an identical make and model, otherwise the OEM license is invalid
and a new license is required.

Well, MS didn't care when I presented all the information in a phone call
for new activation code. Generic OEM install, new and very different
motherboard blah blah. They just want the original product ID code, and
they gave me a new one in my case.

Of course we've been round and round with this. And you don't acknowledge
reality. Only reprint MS dogma.
--
Carey Frisch
Microsoft MVP
Windows - Shell/User
Microsoft Community Newsgroups
news://msnews.microsoft.com/

If you're offering legal advice by reprinting the EULA restrictions, not
advisable as you seem to be unable to interpret some things within the
reprint.

If you're not offering legal advice, please advise all.

Pertinent as the OP was asking for legal advice. If in doubt, read the OP
again.
 
J

Jonny

kurttrail said:
Can you read? If so, then you should see for yourself that this
motherboard cannot be changed nonsense is not part of any license that was
agreed to. I doesn't take a law degree to see that.

This is not a legal opinion, just friggin' common sense.

--
Peace!
Kurt Kirsch
Self-anointed Moderator
http://microscum.com
"It'll soon shake your Windows
And rattle your walls
For the times they are a-changin'."

Who rattled your cage from my end?
Throw darts at the dartboard.
I confirmed that a motherboard could be changed with MS full knowing it.
Both by a phone conversation acknowledging it and them providing a new
activation code. I quoted no EULA restriction or any other MS dogma in my
reply here. I simply quoted an experience that is a full 180 degree
difference from what some others say is true. And in agreement with your
perception in many respects...
Have a nice day.
 
D

Davy

quote="Carey Frisch [MVP]"]When a motherboard dies, s
does the OE
Windows XP license, unless you replace th
motherboard with an exact duplicate
Therefore, the installation of a differen
model motherboard will require the purchas
of a new Windows XP license

So, if the mobo develops a fault under no circumstances related to th
user or a new HDD is required due to a failure this would result i
a reformat, whether be in the warranty period or not

Are we are saying that computer is useless because of this EULA,
after all the computer has been purchased as a computer and all tha
within it.

If Billy Gates could make patchwork quilts like the patches for hi
OS, "mi granny would b
proud..."

Dav
 
R

Rhonda Lea Kirk

kurttrail said:
Rhonda Lea Kirk wrote:

You really don't need any permission to use these posts, unless you
were reproducing them for sale.

<crosses eyes> It's too soon for another copyright debate :) but there
are two issues, one legal and one ethical. The legal issue splits into
technical and practical. As a practical matter, no harm would come to me
by printing and mailing the posts. Technically, I don't really care
because I've seen it argued that the sky is green and the grass is blue,
and with the legal system being what it is, sometimes it's just the luck
of the draw when they're handing out judges. I have a friend who took a
"never should have been filed" case to the SCOTUS twice over a period of
almost 10 years (affording him the opportunity to send both of his
children to a very good private school)--and he won, twice--but it was
costly. Of course, the only reason his client was sued is that it had
deep pockets...and I certainly don't. :)

I'm more concerned with the ethical issue, and while I'll spare you a
dissertation on my personal philosophy--which focuses on doing the right
thing even when it's inconvenient--upon reflection, I don't really think
it's the right thing to do. Furthermore, it adds nothing to my question
for Microsoft. If they want to see how much misinformation is being
passed along about the entire activation process, they can google for
it, just like I did.

And as one more purely practical matter, people who overstuff envelopes
look like cranks. A one page certified letter gets a whole lot more
attention than does a fat, battered envelope (they never emerge from the
postal machines unscathed).

There's more--I've been trained to consider even the most outlandish
possibilities--but this is enough for here.

I guess now that I've put this much time into talking about it, I'm
actually going to have to take the time to write the damn letter.

That's one more spanking for you, Kurt. <grin>

rl
 
G

GHalleck

Rhonda said:
<crosses eyes> It's too soon for another copyright debate :) but there
are two issues, one legal and one ethical. The legal issue splits into
technical and practical. As a practical matter, no harm would come to me
by printing and mailing the posts. Technically, I don't really care
because I've seen it argued that the sky is green and the grass is blue,
and with the legal system being what it is, sometimes it's just the luck
of the draw when they're handing out judges. I have a friend who took a
"never should have been filed" case to the SCOTUS twice over a period of
almost 10 years (affording him the opportunity to send both of his
children to a very good private school)--and he won, twice--but it was
costly. Of course, the only reason his client was sued is that it had
deep pockets...and I certainly don't. :)

I'm more concerned with the ethical issue, and while I'll spare you a
dissertation on my personal philosophy--which focuses on doing the right
thing even when it's inconvenient--upon reflection, I don't really think
it's the right thing to do. Furthermore, it adds nothing to my question
for Microsoft. If they want to see how much misinformation is being
passed along about the entire activation process, they can google for
it, just like I did.

And as one more purely practical matter, people who overstuff envelopes
look like cranks. A one page certified letter gets a whole lot more
attention than does a fat, battered envelope (they never emerge from the
postal machines unscathed).

There's more--I've been trained to consider even the most outlandish
possibilities--but this is enough for here.

I guess now that I've put this much time into talking about it, I'm
actually going to have to take the time to write the damn letter.

That's one more spanking for you, Kurt. <grin>

rl

First, there are no copyright issues involved. This is an open
forum. Second, the opinions being expressed are supposedly those
of those who have posted them. And this is being done knowingly.
Third, although Microsoft might look at, and perhaps police, the
forums it has created under its sponsorship, it has no official
role because problems involving computers, software, hardware,
etc., are many and diverse and too diverse except for the major
blunders. Sit back and as somebody else wrote in this thread,
enjoy the show and take away what would be most valuable for you.
 

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