OEM License

[Guest]

Hi

My PC has crashed and burned with the hard drive shorted out and not
recoverable.
I am buying a new PC, can I load my Windows XP from my old PC onto my new one.

It is an OEM version but I have the disc.

thanks

 

[Vanguard]

Hi

My PC has crashed and burned with the hard drive shorted out and not
recoverable.
I am buying a new PC, can I load my Windows XP from my old PC onto my new
one.

It is an OEM version but I have the disc.

thanks

Nope. The OEM license sticks with whatever was the qualifying hardware for
that license. In your case, the qualifying hardware is probably the entire
computer (because you bought the host with the OEM version pre-installed).
If it is a bastardized OEM version (rather than a Microsoft-branded OEM
version) then there is a chance that the "disc" won't work on anything other
than that old brand and model of computer.

You don't need a new computer to replace the hard drive. The OEM license is
still valid for a hard drive replacement.

 

[Carey Frisch [MVP]]

No. An OEM version of Windows XP is
non-transferable to a different computer.
OEM software licenses cannot be transferred
from one computer system to another, even if
the computer system on which it was originally
installed is no longer in use.

Ref: http://www.microsoft.com/piracy/YourPC_do.mspx

Only a "retail version" of Windows XP
is transferable.

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

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

:

| Hi
|
| My PC has crashed and burned with the hard drive shorted out and not
| recoverable.
| I am buying a new PC, can I load my Windows XP from my old PC onto my new one.
|
| It is an OEM version but I have the disc.
|
| thanks

 

[Guest]

Thanks to al for the responsesl, after posting here I got through to MS and
they told me exactly what you have said, NO!

Oh well I'll just have to cough up for a OEM with my new PC.

BTW the MB and Graphics card also went west so it is cheaper to by new than
repair.

thanks again

 

[NoStop]

Thanks to al for the responsesl, after posting here I got through to MS
and they told me exactly what you have said, NO!

Oh well I'll just have to cough up for a OEM with my new PC.

BTW the MB and Graphics card also went west so it is cheaper to by new
than repair.

thanks again

Why spend money AGAIN, just because of MickeyMouse's stupid rules. Go and
take a look at the latest Linux distros. Linux has come a long ways these
days and is now ready for the desktop. It'll give you an operating system
significantly more powerful than XP and it'll be thousands of times more
secure and stable, along with literally hundreds of free applications.

Learn more about gettting a FREE version at ... http://distrowatch.com/

You'll find a distro like Mandriva 2006 or Ubuntu easy to install and fun to
use. You can even download what is called a LiveCD, so that you can run it
directly from a CD and test it out before taking the leap.

 

[NoStop]

Nope. The OEM license sticks with whatever was the qualifying hardware
for
that license. In your case, the qualifying hardware is probably the
entire computer (because you bought the host with the OEM version
pre-installed). If it is a bastardized OEM version (rather than a
Microsoft-branded OEM version) then there is a chance that the "disc"
won't work on anything other than that old brand and model of computer.

You don't need a new computer to replace the hard drive. The OEM license
is still valid for a hard drive replacement.

What don't you understand about the terms "shorted out", "burned" and "not
recoverable"?

 

[Alias]

Hi

My PC has crashed and burned with the hard drive shorted out and not
recoverable.
I am buying a new PC, can I load my Windows XP from my old PC onto my new one.

It is an OEM version but I have the disc.

thanks

When you say "OEM" do you mean a restore disk given to you by the maker
of the computer or a generic OEM?

Alias

 

[Leythos]

When you say "OEM" do you mean a restore disk given to you by the maker
of the computer or a generic OEM?

In his case, unless he lives in China, it doesn't matter. The OEM
installation is tied to his computer and can not be transferred to
another computer under the OEM rules.

 

[Alias]

In his case, unless he lives in China, it doesn't matter. The OEM
installation is tied to his computer and can not be transferred to
another computer under the OEM rules.

No, you mean "may" not be transferred. If it's been over 120 days, it
can be transferred. If he uses the case from the old computer and calls
it an upgrade, it may and can be "transferred". All he has to say if he
has to go through the activation scam by phone is that he upgraded his
computer. MS has no right to ask for details. This will only work if it
is a generic OEM that isn't tied to the original motherboard's BIOS.

Oh, and you know all the above, now don't you?

Alias

 

[Leythos]

No, you mean "may" not be transferred. If it's been over 120 days, it
can be transferred.

Nope, the license is tied to the FIRST COMPUTER it's installed on, it
doesn't say anything like - If you can get away with installing it on
another computer you have an additional valid license, it would be a
license violation - simple.

If he uses the case from the old computer and calls
it an upgrade, it may and can be "transferred".

Nope, under the license agreement (which would be the old one) that he
agreed to, which means he can't transfer it to another PC.

All he has to say if he
has to go through the activation scam by phone is that he upgraded his
computer.

And that would still be a license violation, just because he CAN get
away with it, it doesn't change the violation.

MS has no right to ask for details. This will only work if it
is a generic OEM that isn't tied to the original motherboard's BIOS.

And "this will work" doesn't change the fact that it's a license
violation.

Oh, and you know all the above, now don't you?

Even under the new OEM licensing, the license is tied to the Computer,
which is now defined as more than a single part - Kurts post even shows
that it's now more than a single part.

 

[Alias]

Nope, the license is tied to the FIRST COMPUTER it's installed on, it
doesn't say anything like - If you can get away with installing it on
another computer you have an additional valid license, it would be a
license violation - simple.

You can still do it - simple.

Nope, under the license agreement (which would be the old one) that he
agreed to, which means he can't transfer it to another PC.

I said "upgrade", not "transfer".

And that would still be a license violation, just because he CAN get
away with it, it doesn't change the violation.

Well, the computer *would* be upgraded, now wouldn't it?

And "this will work" doesn't change the fact that it's a license
violation.


Even under the new OEM licensing,

Not the licensing the OP agreed to and you know it.

the license is tied to the Computer,
which is now defined as more than a single part - Kurts post even shows
that it's now more than a single part.

Upgrading is allowed by the EULA. Transferring is not. Of course, one
doesn't get the opportunity to agree to the EULA until it's too late to
get your money back but I am sure you think that's just fine and dandy.
I think it makes the EULA null and void.

Alias

 

[Leythos]

You can still do it - simple.

Still doesn't make it a valid license - simple. Don't confuse what can
be done with what is licensed.

I said "upgrade", not "transfer".

An "Upgrade" is not a replacement, which is exactly what the OP said -
so, it stands.

Well, the computer *would* be upgraded, now wouldn't it?

Nope, it would be a transfer, clearly.

Not the licensing the OP agreed to and you know it.

How would you know, did you read the same agreement he did?

Upgrading is allowed by the EULA. Transferring is not. Of course, one
doesn't get the opportunity to agree to the EULA until it's too late to
get your money back but I am sure you think that's just fine and dandy.
I think it makes the EULA null and void.

Until it's proven in some court case it doesn't matter what you think,
it's a valid license and the actions of the OP are clearly not an
Upgrade.

 

[Michael Stevens]

In

Hi

My PC has crashed and burned with the hard drive shorted out and not
recoverable.
I am buying a new PC, can I load my Windows XP from my old PC onto my
new one.

It is an OEM version but I have the disc.

thanks

Move XP to new hardware.
http://www.michaelstevenstech.com/moving_xp.html

--
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

 

[Alias]

Still doesn't make it a valid license - simple. Don't confuse what can
be done with what is licensed.


An "Upgrade" is not a replacement, which is exactly what the OP said -
so, it stands.


Nope, it would be a transfer, clearly.


How would you know, did you read the same agreement he did?


Until it's proven in some court case it doesn't matter what you think,
it's a valid license and the actions of the OP are clearly not an
Upgrade.

So, the OP has two choices. Read the EULA the way you do and run out and
buy another copy of XP and throw the one he has away OR lie (if asked,
doubtful or if asked to activate by phone, also doubtful if 120 days
have passed) to MS and install it on the new computer.

And, Leythos, please spare me the moral lecture on lying. Everyone lies,
even a saint like you.

Alias

 

[Leythos]

So, the OP has two choices. Read the EULA the way you do and run out and
buy another copy of XP and throw the one he has away OR lie (if asked,
doubtful or if asked to activate by phone, also doubtful if 120 days
have passed) to MS and install it on the new computer.

And, Leythos, please spare me the moral lecture on lying. Everyone lies,
even a saint like you.

So it comes down to this: We can either tell them the truth, which you
don't like, even though it's fact, or we can ignore the truth and always
tell people how to violate the license issue, making them pirates, and
not letting them know about the license issue?

I'll stick with telling people how it is suppose to be, on the legal
side, without violating the license agreement.

You can keep telling people to violate the license agreement, but that
doesn't make it proper, ethical, and says a lot about your moral
standing.

Why don't you just send him your PA Key, as long as both of you
reinstall outside of the 120 day windows you should both be happy all
the time.

 

[Michael Stevens]

In

Why spend money AGAIN, just because of MickeyMouse's stupid rules. Go
and take a look at the latest Linux distros. Linux has come a long
ways these days and is now ready for the desktop. It'll give you an
operating system significantly more powerful than XP and it'll be
thousands of times more secure and stable, along with literally
hundreds of free applications.

Learn more about gettting a FREE version at ...
http://distrowatch.com/

You'll find a distro like Mandriva 2006 or Ubuntu easy to install and
fun to use. You can even download what is called a LiveCD, so that
you can run it directly from a CD and test it out before taking the
leap.

Maybe they have important data that cannot be retrieved from a Linux distro.
Please include this information with your recommendation to switch to a new
platform, they might want to make sure the data will be available when they
change. Please if you have OS opinions, give viable information on how to
transition to a new OS. Otherwise you are just an annoying uninformed troll
with an agenda only to disrupt this newsgroup.

--
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

 

[Alias]

So it comes down to this: We can either tell them the truth, which you
don't like, even though it's fact, or we can ignore the truth and always
tell people how to violate the license issue, making them pirates, and
not letting them know about the license issue?

I'll stick with telling people how it is suppose to be, on the legal
side, without violating the license agreement.

You can keep telling people to violate the license agreement, but that
doesn't make it proper, ethical, and says a lot about your moral
standing.

Why don't you just send him your PA Key, as long as both of you
reinstall outside of the 120 day windows you should both be happy all
the time.

What about "spare me the moral lecture" do you not understand? Speaking
of morals, I see you ignored the fact that once one opens an OEM -- or
retail for that matter -- package, there is no refund but one hasn't
even had a chance to read the EULA yet and when one does, and if one
doesn't agree with the licensing scam, one cannot get a refund. And, I
maintain, that renders the EULA null and void and maims and cripples
your high moral horse.

Alias

 

[Leythos]

What about "spare me the moral lecture" do you not understand? Speaking
of morals, I see you ignored the fact that once one opens an OEM -- or
retail for that matter -- package, there is no refund but one hasn't
even had a chance to read the EULA yet and when one does, and if one
doesn't agree with the licensing scam, one cannot get a refund. And, I
maintain, that renders the EULA null and void and maims and cripples
your high moral horse.

Opening the package means you agree, the agreement is available in more
places than the CD/Cover, you make the decision to agree without reading
on your own.

I didn't ignore it, I just don't see any problem with it.

 

[Alias]

Opening the package means you agree, the agreement is available in more
places than the CD/Cover, you make the decision to agree without reading
on your own.

False. You have to open the package to read the EULA. Once you've opened
the package, no refund. On the outside of the package, it says "By using
the software product, you indicate you have read and accepted the terms
of the EULA". It does not say, opening the package indicates this. Ye
Olde Catch 22.

I didn't ignore it, I just don't see any problem with it.

Once again, we see you are logic impaired.

Alias

 

[OEM Licensing Guru]

Hi

My PC has crashed and burned with the hard drive shorted out and not
recoverable.
I am buying a new PC, can I load my Windows XP from my old PC onto my new one.

It is an OEM version but I have the disc.

thanks

All you need to do is stop calling it a new PC. Take a piece of
hardware from the crashed PC, add the new components to it, and call
the whole process doing an upgrade of YOUR COMPUTER. Then it is still
the SAME COMPUTER, YOURS.

If your OEM XP CD is of the generic kind, then more than likely it
will activate over the Internet. If it is a Branded OEM CD, like
Dell, Gateway . . . ., then you will need to activate over the phone.

Of course MS reps are gonna tell you to buy more software than you
really need. How do you think MS became a monopoly in the first
place?

By hook or by crook!