NEED ADVICE

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Tom said:
Actually, he is ;-)
I just went to the page where he is listed.

Well if he's not listed where the ordinary person can see, then I wouldn't
(read don't) trust anything he says.
 
Carey Frisch wrote

Just like the folks who post questions regarding
Windows XP in this Windows XP newsgroup,
you can get expert answers to OEM licensing
questions by posting to the OEM newsgroup found in:
http://www.microsoft.com/oem/sblicense/default.mspx

So what? That doesn't address what I said or your lie and it is directed
towards people who are licensed System Builders. So, once again, you
post erroneous information. I just wonder why. Care to share that with us?

Alias

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

 
Just between us girls, the MVP organization does
scrutinize posts made by MVPs. If the information
I provide is dead wrong, or if I "lie", I would know
about the infraction fairly quickly and would make
the appropriate corrections.
 
You are correct and you also agreed to not
transfer your OEM license to a different computer.
So if you replace your motherboard with a different
model and reactivate Windows XP properly without
resorting to telling a fib to the Product Activation
personnel, you're home free.
 
Carey said:
Just between us girls, the MVP organization does
scrutinize posts made by MVPs. If the information
I provide is dead wrong, or if I "lie", I would know
about the infraction fairly quickly and would make
the appropriate corrections.

You lie. Period. Why you need daddy Microsoft to point it out to you is
beyond me (logic impaired?). No one that has asked about upgrading or
replacing their motherboards has been a licensed System Builder yet you
act like they are.

Alias
 
Carey said:
You are correct and you also agreed to not
transfer your OEM license to a different computer.

No one is talking about a "different computer" except you.
So if you replace your motherboard with a different
model and reactivate Windows XP properly without
resorting to telling a fib to the Product Activation
personnel, you're home free.

Um, the Licensed Systems Builder agreement for Spain, where I live,
makes no mention of a motherboard, not that that document applies to me
as I am not a Licensed Systems Builder. What is it about that that you
cannot understand?

Alias
 
Carey said:
Give Microsoft Licensing department a call for a
definitive answer to your question.
1-800-426-9400

Outside the US, the following page has links to local licensing sites
which include local customer service phone number
(http://www.microsoft.com/licensing/index/worldwide.mspx)

Carey,

I now understand why you were given the designation of MVP and continue
to earn it. You certainly without a doubt are the perfect Microsoft
Village_idiot Person (MVP) in these groups. someone asks you a straight
forward question directly about your actions in this group, and you feel
the need to run and hide behind M$? They are not responsible for the
gibberish that spews forth from your mouth, you are. I have never seen
such blatant disregard for taking responsibility for one's own actions
and words! Unreal!
 
Carey Frisch said:
Anyone who purchases a new OEM version of
Windows XP is required to comply with the System
Builders Licensing Agreement.

Yes but required by whom? Answer: By the system builder, which is the party
(not the end user) that has entered into a contractual agreement with MS.

By the way, you didn't address my other question, which I'll repeat:
| And just how does it apply to the OEM versions that are readily
available on
| the market and are used by people (like myself) who build their own
| machines?

"End of discussion" indeed.
 
Opinicus said:
Yes but required by whom? Answer: By the system builder, which is the party
(not the end user) that has entered into a contractual agreement with MS.

By the way, you didn't address my other question, which I'll repeat:


"End of discussion" indeed.

Don't try using logic with Carey. He can't handle it. He's only capable
of copying and pasting and saying "yes sir, yes sir, three bags full,
sir" to MS.

Alias
 
Carey said:
If you purchase bonafide OEM versions of
Microsoft Windows XP, you should become
a reistered member of Microsoft OEM
System Builders so you can have access
to all information regarding OEM licensing and
System Builder/OEM discussion groups.

http://www.microsoft.com/oem/sblicense/default.mspx

In Spain, only generic OEM versions are available to the general public,
99.999999% of them will not be system builders (or even know what a
system builder is) as most of the posters and readers of this board --
including the OP -- aren't who also have access to generic OEM versions.


Alias
 
Carey
I do not see any link between your two paras below.
The second in my opinion should not begin with 'thus'.
If the EULA said ..........to 'A' computer......may only be used with 'THAT'
computer... then there would be more sense.
Now if you have quoted from line to line i.e. there is not something missing
between your word COMPUTER. and If at the start of the next sentence, then
no wonder your argument is flawed in those two paras. You are making an
assumption that a computer is the same as hardware and as yet you have
failed to connect the two from the EULA wording.
From your second para, I read you as confirming that one may use the
software only if accompanied by hardware. Then you may use the hardware.
THUS(quoting from yourself) if you buy a new Mobo, there is the hardware and
so you can use the software.
Howsomever I always have read the accompanying bit as a rule for the
retailer, NOT the end-user.
But the trouble with stuff written by lawyers, is they always manage to
write so that they are themselves ever in employment, going to court to
argue the ambiguous wording put in by their mates.
When was MS's definition of a computer being a piece of hardware, issued?
I would not dream of breaking the conditions of this EULA - but I would
their definitions. If they had had half a decent lawyer in the first place,
then such a big hole would not have had to be plugged later as an
afterthought.
Rgds
Antioch
 
Q. Can a PC with OEM Windows XP have its motherboard upgraded and keep the
same license? What if it was replaced because it was defective?

A. Generally, you may upgrade or replace all of the hardware components on
your customer's computer and the end user may maintain the license for the
original Microsoft® OEM operating system software, with the exception of an
upgrade or replacement of the motherboard. An upgrade of the motherboard is
considered to result in a "new personal computer" to which Microsoft® OEM
operating system software cannot be transferred from another computer. If the
motherboard is upgraded or replaced for reasons other than a defect, then a
new computer has been created and the license of new operating system
software is required. If the motherboard is replaced because it is defective,
you do NOT need to acquire a new operating system license for the PC.


The reason for this licensing rule primarily relates to the end-user license
agreement (EULA) and the support of the software covered by that EULA. The
EULA is a set of usage rights granted to the end-user by the PC manufacturer
and relates only to rights for that software as installed on for that
particular PC. The System Builder is required to support the software on that
original PC. Understanding that end users, over time, upgrade their PC with
different components, Microsoft needed to have one base component "left
standing" that would still define that original PC. Since the motherboard
contains the CPU and is the "heart and soul" of the PC, when the motherboard
is replaced (for reasons other than defect) a new PC is essentially created.
The original System Builder, therefore, can not be expected to support this
new PC that they in effect, did not manufacture.

Ref: http://oem.microsoft.com/script/ContentPage.aspx?pageid=553075

--
Carey Frisch
Microsoft MVP
Windows XP - Shell/User
 
Carey said:
Q. Can a PC with OEM Windows XP have its motherboard upgraded and keep the
same license? What if it was replaced because it was defective?

A. Generally, you may upgrade or replace all of the hardware components on
your customer's computer and the end user may maintain the license for the
original Microsoft® OEM operating system software, with the exception of an
upgrade or replacement of the motherboard. An upgrade of the motherboard is
considered to result in a "new personal computer" to which Microsoft® OEM
operating system software cannot be transferred from another computer. If the
motherboard is upgraded or replaced for reasons other than a defect, then a
new computer has been created and the license of new operating system
software is required. If the motherboard is replaced because it is defective,
you do NOT need to acquire a new operating system license for the PC.


The reason for this licensing rule primarily relates to the end-user license
agreement (EULA) and the support of the software covered by that EULA. The
EULA is a set of usage rights granted to the end-user by the PC manufacturer
and relates only to rights for that software as installed on for that
particular PC. The System Builder is required to support the software on that
original PC. Understanding that end users, over time, upgrade their PC with
different components, Microsoft needed to have one base component "left
standing" that would still define that original PC. Since the motherboard
contains the CPU and is the "heart and soul" of the PC, when the motherboard
is replaced (for reasons other than defect) a new PC is essentially created.
The original System Builder, therefore, can not be expected to support this
new PC that they in effect, did not manufacture.

Ref: http://oem.microsoft.com/script/ContentPage.aspx?pageid=553075

Not applicable to the end user, only the System Builder. Yawn, and the
link is password protected.

Good old Carey, another erroneous copy and paste.

Alias
 
Alias said:
Not applicable to the end user, only the System Builder. Yawn, and the
link is password protected.

Good old Carey, another erroneous copy and paste.

Alias

Not erroneous, because it exists. Just TOTALLY and UTTERLY irrelevant to the
discussion in hand as the end user does NOT see this licence. How can anyone
be bound legally by licence terms they are not able to see? No court of law
in the world would uphold that. Which is why, Microsoft have never, and will
never, prosecute end users.
 
Gordon said:
Not erroneous, because it exists. Just TOTALLY and UTTERLY irrelevant to
the discussion in hand as the end user does NOT see this licence. How can
anyone be bound legally by licence terms they are not able to see? No
court of law in the world would uphold that. Which is why, Microsoft have
never, and will never, prosecute end users.

I think the way it's SUPPOSED to work is that the system builder enters into
an agreement with the end user. In this way if the end user violates the
license terms AND MS goes after the system builder, the system builder would
have legal recourse against the end user.

None of this addresses the question of all those legitimate copies of OEM
licensed CDs that are regularly available from *retailers*. I think Alias
said that something like 99.999% of the (valid) OEM licenses sold in Spain
are based on such copies. Allowing for hyperbole, something like that is
also true in Turkey.
 
Good grief!! What is both of your problems? You both know unless you do a
tap dance when you are requested to phone in to activate your request is
likely to be denied. Neither of you are being truthful. Damit tell them you
have to lie to get it activated and stop picking on Carey for telling what
the honest person can expect.
--
Michael Stevens MS-MVP XP
(e-mail address removed)
http://www.michaelstevenstech.com
For a better newsgroup experience. Setup a newsreader.
http://www.michaelstevenstech.com/outlookexpressnewreader.htm
 
Major PC manufacturer's understand Microsoft's OEM
licensing restrictions. That is why they incorporate
"SLP" (System Locked Pre-Installation) in their OEM
versions of Windows XP. And this is not mentioned in
their Windows XP EULA.
 
Carey said:
Major PC manufacturer's understand Microsoft's OEM
licensing restrictions. That is why they incorporate
"SLP" (System Locked Pre-Installation) in their OEM
versions of Windows XP. And this is not mentioned in
their Windows XP EULA.

So what about OEM versions that are unbranded and are sold legally with a
piece of hardware? *THEY* don't mention the System Builder's EULA anywhere
in their EULA so how can a purchaser of this legitimate version be called to
account over a License agreement that they never see and can have NO
knowledge about?
 

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