OEM version of XP

[Wade]

I have question about the OEM version of XP. First of
all, I would like to acknowledge the fact that everyone
has a different opinion on the legality of certain
techniques used to move the OEM version of XP to a new
machine or an updated version of the same machine.
Whether or not it truly breaks the EULA agreement is
always up in the air for me.

My dilemma is this:

I know the EULA says the OS must stay with the original
machine, but at what point does the original machine
become a new machine?

Lets say I was to upgrade one component at a time once a
week. I would be forced to reactivate after 3 or 4 of
course, which you can do by phone. (Is this considered a
new machine at this point?)

I continue to upgrade components once a week and then have
to reactivate again. (Is this considered a new machine?)

Eventually everything is upgraded (Is this considered a
new machine?)

Or.I upgrade all components at the same time requiring
reactivation. (Is this considered a new machine?)

Or.I have a computer that has XP Home with much better
specs. I want to move the XP Pro OEM version to this
machine. (Is this considered a new machine?) You could
argue either way since you could mix and match the parts
from both machines to get the best possible computer for
the OEM XP Pro copy.

I hope you can see my frustration with the legality of
moving XP Pro OEM. By the way this is the FULL OEM
version not the Bios-Locked OEM Version. I am not sure I
have a direct question, other than maybe wanting some
comments.

Thank you for your comments,

Wade

 

[Carey Frisch [MVP]]

OEM versions of Windows XP:

-- cannot upgrade over an existing Windows installation
-- cannot be transferred to a different computer in the future
-- the license cannot be sold or transferred to another user
-- are not eligible for free Microsoft technical support
-- must be purchased with some type of computer hardware
-- any problems whatsoever with the installation CD or Product Key
is not eligible for Microsoft support....you have to deal with the "seller".
-- cost less than "retail versions" due to the above limitations/risks

Should you purchase an OEM license version of XP?
http://www.tek-tips.com/gfaqs.cfm/pid/779/fid/4004

Windows Product Activation (WPA) on Windows XP
http://aumha.org/win5/a/wpa.htm

[Courtesy of MS-MVP Alex Nichol]

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

Be Smart! Protect your PC!
http://www.microsoft.com/security/protect/

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


|I have question about the OEM version of XP. First of
| all, I would like to acknowledge the fact that everyone
| has a different opinion on the legality of certain
| techniques used to move the OEM version of XP to a new
| machine or an updated version of the same machine.
| Whether or not it truly breaks the EULA agreement is
| always up in the air for me.
|
| My dilemma is this:
|
| I know the EULA says the OS must stay with the original
| machine, but at what point does the original machine
| become a new machine?
|
| Lets say I was to upgrade one component at a time once a
| week. I would be forced to reactivate after 3 or 4 of
| course, which you can do by phone. (Is this considered a
| new machine at this point?)
|
| I continue to upgrade components once a week and then have
| to reactivate again. (Is this considered a new machine?)
|
| Eventually everything is upgraded (Is this considered a
| new machine?)
|
| Or.I upgrade all components at the same time requiring
| reactivation. (Is this considered a new machine?)
|
| Or.I have a computer that has XP Home with much better
| specs. I want to move the XP Pro OEM version to this
| machine. (Is this considered a new machine?) You could
| argue either way since you could mix and match the parts
| from both machines to get the best possible computer for
| the OEM XP Pro copy.
|
| I hope you can see my frustration with the legality of
| moving XP Pro OEM. By the way this is the FULL OEM
| version not the Bios-Locked OEM Version. I am not sure I
| have a direct question, other than maybe wanting some
| comments.
|
| Thank you for your comments,
|
| Wade
|

 

[Alias]

OEM versions of Windows XP:

-- must be purchased with some type of computer hardware--
Carey Frisch

Not any more, according to Microsoft.

Alias

 

[Opinicus]

I know the EULA says the OS must stay with the original
machine, but at what point does the original machine
become a new machine?

Microsoft's position seems to be that the machine ceases to
be "original" when the OEM (the original equipment
manufacturer) says it's no longer original.

As someone who has built his own machine, I am the OEM. My
machine's mobo, hard drive, DVD roms, and case have all been
replaced/renewed since WinXP was first installed and a USB
ASDL modem has been added along with a USB Pockey drive. As
the OEM, my opinion is that this is still the original
machine, thank you.

Eventually everything is upgraded (Is this considered a
new machine?)

Remember the Tin Woodsman from "Wizard of Oz"? When did he
cease to be a man?

 

[Yves Leclerc]

OEM versions of Windows XP:

-- the license cannot be sold or transferred to another user

Not true! You can sell the OEM version of XP but only if the original
computer is sold with the XP media and license.

 

[Jupiter Jones [MVP]]

I have heard that also but have not seen a Microsoft source.
Please post the source.

 

[Jupiter Jones [MVP]]

Actually as far as Microsoft is concerned you are not the OEM.
The seller was the OEM.
That is unless you are part of the System Builder program and have
signed the appropriate agreements. or something similar:
http://www.microsoft.com/oem/english/default.mspx

 

[Opinicus]

Actually as far as Microsoft is concerned you are not the OEM.
The seller was the OEM.

Huh... OK here's the scenario. I bought a bunch of computer
parts. I put these parts together. Does that make me the
original equipment manufacturer? Or is the company (a major
retailer) who sold me the parts the OEM? From the same
retailer I also bought a generic OEM edition of WinXP. (Hey,
they have to sell it WITH hardware, right? I bought a
shitload of hardware.) I installed that WinXP on the
computer that I assembled from the parts that I bought.

In what way is this seller the OEM? (This seller also sells
cameras, does that make them a photographer?)

 

[John Vogel]

Huh... OK here's the scenario. I bought a bunch of computer
parts. I put these parts together. Does that make me the
original equipment manufacturer? Or is the company (a major
retailer) who sold me the parts the OEM? From the same
retailer I also bought a generic OEM edition of WinXP. (Hey,
they have to sell it WITH hardware, right? I bought a
shitload of hardware.) I installed that WinXP on the
computer that I assembled from the parts that I bought.

In what way is this seller the OEM? (This seller also sells
cameras, does that make them a photographer?)

Unless you have an OEM license to package and distribute WIndows XP, you are
not an OEM, regardless of whether you assembled your computer, yourself or
someone else assembled your computer.

 

[Opinicus]

Unless you have an OEM license to package and
distribute WIndows XP, you are not an OEM, regardless
of whether you assembled your computer, yourself or
someone else assembled your computer.

In the strictest construction, you're right. But I'm not
"packaging or distributing" WinXP. I bought it legally from
a legal seller along with hardware. I installed it on a
machine that I built. If I'm not the original maker of this
machine, who is?

 

[Wade]

You guys are getting off topic. In the end I think
Microsoft has the ability to determine whether bending or
breaking the EULA is appropriate under certain
circumstances for OEM versions. When multiple levels of
upgrades on the original machine are done the status of
the machine is in question (ORIGINAL vs. NEW vs. UPGRADED)
Since Microsoft never clearly defines this anomaly they
should be very liberal with activation codes under these
conditions. With no definition of original machine given
in the EULA we should let GOD decide whether people are in
violation of it.

Wade

 

[Ken Blake]

In

I know the EULA says the OS must stay with the original
machine, but at what point does the original machine
become a new machine?

Microsoft has never officially clarified this, and my guess is
that it's on purpose. By leaving it ambiguous, many people will
probably interpret it in the way most favorable to Microsoft.

You could ask the same question about a car. You've paid to
register your car and gotten a license plate for it. How many and
which components do you have to replace before one could say it's
no longer the same car and should be registered from scratch?

The answer, in practice, is probably the same in both cases. You
can replace whatever you want, and, if you consider it the same
entity, it is.

By the way, absurd though it sounds, since Microsoft's
requirement is for the OEM to affix the OEM product code sticker
to the case, I think one might successfully argue in court (if it
ever came to that, which is highly unlikely) that it's the *case*
that's the computer, and as long as you don't replace the case,
you could replace anything else and it would still be the same
computer.

 

[Jupiter Jones [MVP]]

Wade;
I do not know why you say "off topic" when this is what we are talking
about.
I simply asked for a reference.
If there is a reference, post it there may be other relevant points.
Such a reference could possibly answer exactly what the OP asked.
If no reference and Microsoft chose to bend the EULA in a specific
instance, that has no bearing on other cases.

 

[Jupiter Jones [MVP]]

Bob;
The scenario does not really matter.
Have you signed the necessary documents to become a Microsoft System
Builder?
System Builders have their own agreements with Microsoft which defines
the EULAs for them.
If not, you are not an OEM as relating to Microsoft software.
The seller of the Microsoft components is the OEM.
Situations such as you describe are in the gray area in licensing.
Often people that buy such computers have absolutely no support or
recourse since your supplier the OEM has no contract with your buyer.
Also your customers have no support from Microsoft since they have no
agreement with Microsoft.
That is why you see cases similar to this regularly in the newsgroups
of people cursing Microsoft because they get no support when in fact
the blame should go to the builder...often no where to be found.

 

[Wade]

Thank you Ken. So far that is the best answer I have ever
received. I continue to despise some folks that say
someone is in clear violation of the EULA for OEM versions
without looking at other factors. Until Microsoft clearly
defines the original machine it will be up to the comfort
level of each individual.

Thanks,

Wade

 

[Guest]

Sorry, I should have responded above. I am talking about
being off topic from my original post.

Wade

 

[Alias]

I have heard that also but have not seen a Microsoft source.
Please post the source.

I called Microsoft. They told me that. Call them if you want to verify it.

Alias

 

[Jupiter Jones [MVP]]

Changes such as that would be on the website somewhere.
Otherwise it is nonbinding.
If you and the Microsoft rep miscommunicated...the information is
void.
If you and the rep fuller understood each other the information may or
may not be void but since it is verbal, it is invalid to anyone but
the person Microsoft gave the information, you in this case.

 

[Ken Blake]

In

Thank you Ken. So far that is the best answer I have ever
received. I continue to despise some folks that say
someone is in clear violation of the EULA for OEM versions
without looking at other factors. Until Microsoft clearly
defines the original machine it will be up to the comfort
level of each individual.

You're welcome, but bear in mind that it's just *my* opinion. I
have no special information here that others don't have.

Also bear in mind that, despite my opinion below, there are
situations where there *are* clear violations of the OEM EULA.
For example, if you take an OEM copy off your computer and give
the CD to a friend, who then installs it on his computer, that's
a clear violation. There's no question there of whether it's a
different computer or just an upgrade to the original one.

--
Ken Blake - Microsoft MVP Windows: Shell/User
Please reply to the newsgroup

 

[jt3]

There are many ambiguous scenarios--say you bought enough parts for two
machines, which does the OEM go with? In principle, this should be
determined by the dealer from whom you bought the parts, but they do nothing
of the sort, certainly no affixing of the 'sticker' to the machine.
De facto, this is merely a strategem for a two-price system of sales,
one which MS wishes to sell at lower value by restricting its portability,
support, and ease of installation, which grew out of an earlier strategem
for leveraging (pardon the metaphoric extension) greater sales of products
such as Word by underwriting a cheap OS availability to the OEMs--and in
those days, the only way you'd get an OS (DOS 4 and earlier) was to buy a
machine, or to copy the disk--something done by virtually every home
assembler at that time.
Having squeezed the toothpaste out of the tube, MS sensibly has tried,
not to return it, but to apply restrictions to further sqeezing, if you'll
pardon that expression.
Probably none of us likes the price, but what else is new?

Joe