OEM Licence

[D.Currie]

In (e-mail address removed), Benny Fu wrote:


But none of this answers Dave's question about whether Microsoft considers
changing his motherboard making it a new computer and invalidating his OEM
license.

--
Ken Blake
Please reply to the newsgroup


Well, I was wrong. There is some discussion of this, and it seems that if
the OEM has the mobo under warranty and replaces it -- with any motherboard,
not necessarily the same one -- then it is the same computer. If it's out of
warranty and the end-user replaces it, it is a new computer.

So, if the end-user is the OEM, it is the OEM who decides how long the
warranty is, and what if covers, so it would appear that the OEM-end-user
gets to make the call on whether it's a new system or not.

It's an interesting solution. It protects the big OEMs, as under this
definition, they wouldn't be required to supply a copy of Windows that's
installable on anything other than their own hardware. At the same time,
small OEMs that do custom systems and might not stock replacement
motherboards would not be stuck having to replace the OS if a motherboard
went bad. And home builders can do whatever they want, since they are their
own OEM.

I'd be willing to be this wasn't the original plan, though, because
activation could have easily been tied to the motherboard, and not triggered
by replacement of other parts. And it's not what I heard from Microsoft reps
when XP was being launched.

 

[GSV Three Minds in a Can]

In (e-mail address removed), Benny Fu wrote:


But none of this answers Dave's question about whether Microsoft considers
changing his motherboard making it a new computer and invalidating his OEM
license.

The short answer is 'they don't know', and 'if they think that, they
certainly aren't enforcing it'.

It's a mistake to talk about 'MS' as if it were some monolithic entity
with a definite view .. the left hand doesn't know what the right hand
is doing, and the lawyers don't even know there are hands attached ..
just like any big corporation.

 

[D.Currie]

Well, I know someone who bought a OEM copy, installed it on an old computer,
then built a new one and installed it there. All this in less than a month.
When he tried to activate, they told him no, it couldn't be transferred.

 

[GSV Three Minds in a Can]

Well, I know someone who bought a OEM copy, installed it on an old computer,
then built a new one and installed it there. All this in less than a month.
When he tried to activate, they told him no, it couldn't be transferred.

Well of course not .. the old computer clearly still exists, and he
probably used the word 'transfer' in the phone call. That's like ringing
the police and asking if it's OK to murder someone.

If you tell them that you have replaced and upgraded a number of
components in your =existing= PC and need to reactivate by phone, you
will (afaik) have no problem at all (unless there is a black mark on
your file, maybe). Life is too short for them to give you any hassle. If
he'd waited 120 days it'd have gone through on-line anyway.

 

[D.Currie]

Well of course not .. the old computer clearly still exists,

Not necessarily, but it could.

and he

probably used the word 'transfer' in the phone call. That's like ringing
the police and asking if it's OK to murder someone.

Exactly. And I was responding to someone who asked if anyone knew of MS
saying "no" to an activation. In this case, they flat-out refused him.

If you tell them that you have replaced and upgraded a number of
components in your =existing= PC and need to reactivate by phone, you
will (afaik) have no problem at all

Yes, except this person told the truth and said that they installed on an
old PC, trashed it, and wanted to use the same copy on a new PC. Not two at
the same time. The old one wasn't capable of running XP well, so he built a
new computer and wanted to use that same copy of XP on it. I'm not sure what
ultimately happened to the old machine, maybe it went into the junk heap or
he loaded 98 or Linux on it, but it didn't have XP on it any more.

He told me that he argued with the person, saying that the original install
was a test, etc., but they said no dice, it was OEM and it was somewhere
else first, so no transfers.

(unless there is a black mark on

your file, maybe).

They're not supposed to ask personal info, so forget that idea.

Life is too short for them to give you any hassle. If
he'd waited 120 days it'd have gone through on-line anyway.

There are a lot of things he *could* have done, I'm just saying what he did
do. And I'm not saying that he didn't call right back and tell the next
person it was an upgrade.

 

[Lester Horwinkle]

Cut to the chase ... just download XP on alt.binaries.something
No activation required ... ever.

 

[Bruce Chambers]

Greetings --

Thanks. I reckon that pretty much confirms that Kurttrail's
alleged response from Microsoft is pretty much on a par with his other
rantings: mostly fiction.

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

 

[kurttrail]

Greetings --

Thanks. I reckon that pretty much confirms that Kurttrail's
alleged response from Microsoft is pretty much on a par with his other
rantings: mostly fiction.

I originally posted the reply I received from The Microsoft OEM System
Builder Licensing Team, last year.

http://snurl.com/1yxs

http://snurl.com/1yxq

http://snurl.com/1yxr

I'm even asking again from the same source I asked last year.

http://snurl.com/1yxt

Unlike you Bruce, I don't need to make things!

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

 

[Donald McDaniel]

Bruce,

Have you personally been able to upgrade a MB using an
OEM version? I quess my thought is that my PC is the box
it sits in and that the components are there to be
upgraded. I have no intention of using my copy of XP on
any other system but I would like to have the liberty to
upgrade whatever part of my sytem that I want to. So, I
hope you are right. Thanks.

Dave

I have personally added a new motherboard/CPU to my home-brew system,
installed my "FULL OEM" version of XP Pro, then activated it via the
Internet. Because I made no other changes to the hardware other than
the motherboard/cpu, all that was required was an Internet activation.
Adding a new motherboard/CPU counts for 2 points against you when the
Activation wizard adds up the points for hardware changes.

With a new HD volume number (-1 points) (because I installed XP clean)
and no changes to the HD, CD, amount of memory, sound card, video card,
and the same Ethernet card, I was not required to do a telephone
activation. At least, that is my theory. Or maybe I just got lucky.

 

[Lester Horwinkle]

To sum up ... if you want to try to re-use an OEM license, go ahead and try.
As my father used to tell me ... the worst thing that could happen is that
they'll say NO. You have nothing to lose.

 

[Ted]

I originally posted the reply I received from The Microsoft OEM System
Builder Licensing Team, last year.

http://snurl.com/1yxs

http://snurl.com/1yxq

http://snurl.com/1yxr

I'm even asking again from the same source I asked last year.

http://snurl.com/1yxt

Unlike you Bruce, I don't need to make things!

Correct, and to date, and though asked countless times, Bwuce has yet to show how it is "ILLEGAL" by a written law, where it is a copyright violation to use the same media disk for installation on two different pieces of hardware in the same home. He has no problem using his ad nauseam line of shit, without ever feeling the need to verify its validity. As long as he does that, he, and the others, don't have a copyright ground to stand upon.

 

[Donald McDaniel]

To sum up ... if you want to try to re-use an OEM license, go ahead and try.
As my father used to tell me ... the worst thing that could happen is that
they'll say NO. You have nothing to lose.

Personally, I don't see it as "re-using an OEM license". I see it as
lawfully using an existing OEM license". Nothing in my EULA tells me I
cannot make upgrades to my computer, if needed.

 

[purplehaz]

Personally, I don't see it as "re-using an OEM license". I see it as
lawfully using an existing OEM license". Nothing in my EULA tells me I
cannot make upgrades to my computer, if needed.

http://michaelstevenstech.com/oemeula.htm

 

[Donald McDaniel]

http://michaelstevenstech.com/oemeula.htm

Thank you anyway. I am 57, can read English, and have very good powers
of comprehension. Nothing in my EULA tells me I cannot repair my
computer if needed.

 

[kurttrail]

http://communities.microsoft.com/ne...newsgroup=microsoft.communities.oem.licensing

From: "System Builder Licensing" (e-mail address removed)
Sent: 8/7/2003 12:04:15 PM

Hello Kurt,

Thank you for your posting. Your friend may upgrade or
replace all of the hardware components on his computer and
maintain the original OEM System Builder operating system
license with the exception of the motherboard. If the
motherboard is replaced, then essentially a new computer
has been created and a new operating system license is
required. Also, note that if the hard drive fails, the
original operating system may also be installed on a
new/replacement hard drive as long as the first copy of
the operating system is first removed from the old hard
drive.

For questions and answers specific to used and refurbished
PCs, please visit:
http://oem.microsoft.com/worldwide/script/517169.asp. If
you would like to review a comprehensive group of OEM
Licensing Questions and Answers which are specific to you
as a system builder:
https://oem.microsoft.com/worldwide/script/514341.asp.

Thank you,
The Microsoft OEM System Builder Licensing Team

So all you MicroSchmucks, that questioned my veracity, can go f*ck
yourselves! [That should be a pleasant change from using your hands all
of the time!]

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

 

[kurttrail]

purplehaz wrote:

Kurt to the rescue............ I believed you all along.

LOL! Not that I agree with MS's post-EULA policy, mind you. No OEM End
User even had the opportunity to see this "Mobo is a new computer" crap
in the EULA, let alone agreed to it! Just another example of MS's
dEULAsions of grandeur!

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

 

[kurttrail]

Bruce Chambers blathered:

Greetings --

I have seen the conversation. Like you, I kill-filed Kurtrail
years ago

http://tinyurl.com/jd8g

More like a year and 5 months! This group hasn't even been in existence
in 2 years yet, and you're claiming to have killfiled me *YEARS* ago!

when it became apparent that he had no regard for facts and
after he made it abundantly clear that he had no reluctance about
lying when it suited his purposes.

"No regard for the facts" and "no reluctance about lying" sounds more
like you & Ken!

This immediately rendered him an
unreliable source.

Like the source of your oft pasted fiction that an individual wouldn't
be in compliance with copyright laws for installing the same copy of
software on more than one computer, but never being able to point to one
US Copyright law that prohibits it?

I'd have to see something directly from Microsoft
before changing my position in this matter. Unfortunately, I cannot
access the "inner circles" of the pertinent Microsoft OEM sites, as
I'm not a system builder and I don't have the login.

I have no logon either, yet I was able to get a direct answer from MS
twice.

Thanks for proving who really is the writer of fiction around here!

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

 

[purplehaz]

purplehaz wrote:



LOL! Not that I agree with MS's post-EULA policy, mind you. No OEM End
User even had the opportunity to see this "Mobo is a new computer" crap
in the EULA, let alone agreed to it! Just another example of MS's
dEULAsions of grandeur!

--

Ya I don't agree with it either. But, I do try to use it to my advantage. I
use it to explain all the downsides of buying an OEM computer when a
customer asks me opinions on new computers. I occationally build custom
computers and use the "no transfer" rule to sell the customer on buying my
custom built over a best-buy computer.

 

[Greg P Rozelle]

Puplehaz,
I hate to correct you

You are allowed to resell your complete computer system to another
person. Thier are no "no transfer rules" on oem versions.
The only "no transfer rules" applies to specialized version of the xp.
Like xp for students & Teachers or office xp for students & teachers.

I could resell my oem computer system to another person if I want and
Microsoft cant do anything about it.

Greg



When you complain about something, Do your research first.




Greg P Rozelle

Ya I don't agree with it either. But, I do try to use it to my advantage. I
use it to explain all the downsides of buying an OEM computer when a
customer asks me opinions on new computers. I occationally build custom
computers and use the "no transfer" rule to sell the customer on buying my
custom built over a best-buy computer.

Disclaimer
My advice is as-is. It could trash your system.

 

[Greg P Rozelle]

Corrected Post

Puplehaz,
I hate to correct you

You are allowed to resell your complete computer system to another
person. Thier are no "no transfer rules" on oem versions.
The only "no transfer rules" applies to specialized version of the xp.
Like xp for students & Teachers or office xp for students & teachers.

I could resell my oem computer system to another person if I want and
Microsoft cant do anything about it.

When complaining about something do research first

Greg P Rozelle

Disclaimer
My advice is as-is. It could trash your system.