OEM XP

[Guest]

Earlier this year i bought a copy of xp home OEM to go with my new hand built
pc. When i bought it (legally) the guy in the shop said its just XP only not
in a box. Now im being told that with my generic oem copy i can only use it
on this computer with this hardware config`. So what happens when i have to
upgrade, say, my motherboard?

 

[chrispsg]

That is legal.....see section four in the EULA..
http://www.microsoft.com/windowsxp/pro/eula.mspx

psg

 

[Carey Frisch [MVP]]

OEM versions of Windows XP have limitations.
That is why they cost less than Retail Versions.
If you install an OEM version, then decide to
upgrade to a different motherboard, then the
OEM license is no longer valid and you'll need
to purchase a new copy of Windows XP. That
is not the case with a Retail Version.

OEM versions of Windows XP:

-- cannot upgrade over an existing Windows installation.
-- must be installed "clean" on a freshly reformatted drive or partition.
-- cannot be transferred to a different computer in the future.
-- only hardware component you cannot change is the motherboard model.
-- the license cannot be sold or transferred to another user.
-- are not eligible for free Microsoft technical support.
-- 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.

Best Advice: Purchase a "Retail Version" of Windows XP!

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

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

:

| Earlier this year i bought a copy of xp home OEM to go with my new hand built
| pc. When i bought it (legally) the guy in the shop said its just XP only not
| in a box. Now im being told that with my generic oem copy i can only use it
| on this computer with this hardware config`. So what happens when i have to
| upgrade, say, my motherboard?

 

[Carey Frisch [MVP]]

Sorry, but you are incorrect. You sited a "Retail" EULA
and not an "OEM" EULA.

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

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

"chrispsg" incorrectly wrote:

| That is legal.....see section four in the EULA..
| http://www.microsoft.com/windowsxp/pro/eula.mspx
|
| psg

 

[chrispsg]

Unless the motherboard is defective.

"If the motherboard is replaced because it is defective, you do NOT need to
acquire a new operating system license for the PC."
quote from: https://oem.microsoft.com/script/contentpage.aspx?PageID=552862

 

[Steve N.]

OEM versions of Windows XP have limitations.
That is why they cost less than Retail Versions.
If you install an OEM version, then decide to
upgrade to a different motherboard, then the
OEM license is no longer valid and you'll need
to purchase a new copy of Windows XP. That
is not the case with a Retail Version.

Nowhere in the Windows XP OEM EULA is the computer defined as the
motherboard.

Steve

 

[Steve N.]

That is legal.....see section four in the EULA..
http://www.microsoft.com/windowsxp/pro/eula.mspx

psg

Wrong EULA, that is not for the OEM product, however nowhere in the OEM
EULA is the computer defined as the motherboard.

Steve

 

[Ken Blake, MVP]

Earlier this year i bought a copy of xp home OEM to go with my new
hand built pc. When i bought it (legally) the guy in the shop said
its just XP only not in a box. Now im being told that with my generic
oem copy i can only use it on this computer with this hardware
config`. So what happens when i have to upgrade, say, my motherboard?

OEM copies are cheaper than retail copies *because* they come with some
limitations. Probably the most significant of those limitataions is that an
OEM copy's license ties it permanently to the first computer it's installed
on. It can never legally be moved to another computer, sold, or given away.

However the OEM EULA doesn't describe exactly what constitutes the "same
computer" and there is a somewhat gray area here. Although some people claim
that the motherboard defines the computer (and that's certainly logical) and
even point to OEM site that says that, the customer is not legally bound by
the OEM site, but only by the EULA itself.

Personally, absurd as it sounds, I think that one might be able to argue
successfully in court that it's the *case* that defines the computer, since
it's the case that Microsoft requires the certificate of authenticity be
affixed to.

Certainly if you change or add a minor component in the computer (a diskette
drive, for example), the result ois not a different computer. The
motherboard, however, is a different story, and you run the risk that if you
cahnge the motherboard and try to activate bytelephone, the Microsoft person
on the other end might refuse you.

 

[Guest]

yuo can use it on same computer. not a problem.
yuo did get a cd and product key, etc, right?

 

[kurttrail]

Unless the motherboard is defective.

"If the motherboard is replaced because it is defective, you do NOT
need to acquire a new operating system license for the PC."
quote from:
https://oem.microsoft.com/script/contentpage.aspx?PageID=552862

And that is a password-protected site for certified MS system builders,
and totally not binding on ANY END USER!

The OEM EULA doesn't say ANYTHING about the motherboard at all!



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

 

[Guest]

Purchasers of OEM software are required to comply with the terms
of the System Builder License, including responsibility for providing
all end-user support.

Example: http://www.newegg.com/Product/Product.asp?Item=N82E16837102153

If an End User purchases an OEM version of Windows XP,
the End User must comply with the System Builder license as well as
the OEM EULA.

 

[Kerry Brown]

And that is a password-protected site for certified MS system builders,
and totally not binding on ANY END USER!

The OEM EULA doesn't say ANYTHING about the motherboard at all!

The OEM who installed the software is bound by this license. It is on the
seal when you open an OEM one pack, three pack, or thirty pack. As the OP is
the OEM in this case he is bound by the license. Now what constitutes a
defective motherboard and how long the warranty is, is also up to him. It
just may be that the fact that it doesn't accept the latest graphics card or
CPU makes it defective in his mind.

Kerry

 

[chrispsg]

Sorry about the password protection.. Although anything stated by microsft
isnt legally binding unless it is in the EULA.

"Thank you for your post, Michael. Generally, you may upgrade or replace all
of the hardware components on your customer's computer and the customer may
maintain the license for the original Microsoft OEM operating system
software, with the exception of an upgrade or replacement of the
motherboard. Unless upgraded or replaced under warranty, if the motherboard
is upgraded, then a new computer has been created and the license of new
operating system software is required. The original Microsoft OEM operating
system software cannot be transferred to another computer."

http://www.michaelstevenstech.com/oemeula.htm

I never said the OP was bound by this. I actually said he is allowed to do
this.

psg

 

[Kevin]

blando00,

You say " bought it (legally)" is neither here nor there. It is
presummed! what matters is that you bought the product in good faith in
an open market where buyers were allowed freely to part their hard earned
money. If the police in that area don't take any actions against the
vendor, you, as consumer, is entitled to believe the ownership of the
goods have passed to you in good faith.

As to your immediate question, you are entitled to upgrade your computer
and continue using the same OS. You just have to explain to the
Microscum asistant what you have done and that is it. If they refuse,
then you are entitled to buy a pirated copy to make sure you get full
worth of your money! I am surprised you have bought a generic version. Most people just buy a pirated copy from day 01. <bingo>

Brazil has officially started to make pirated versions of anti-aid drugs
because US companies are charging them a fortune. US is not able to do
anything because this is a matter of life and death never mind
brazillian spreading aids to american population. So a pragmatic
approach is required.

Good luck in your new industry.

Kev

 

[Ghostrider]

Purchasers of OEM software are required to comply with the terms
of the System Builder License, including responsibility for providing
all end-user support.

This is newegg's wording...to protect itself. The sentence before
this one reads:

"OEM versions are intended for system builders only and cannot
be transferred to another PC once it is installed." The comment
is valid only when is present.

Example: http://www.newegg.com/Product/Product.asp?Item=N82E16837102153

If an End User purchases an OEM version of Windows XP,
the End User must comply with the System Builder license as well as
the OEM EULA.

And the above sentence is not part of the newegg Software
Return Policy disclaimer and presumably just a comment.

The following is taken from the OEM System Builder's License, at

http://oem.microsoft.com/downloads/Public/sblicense/English_SB_License.pdf,

English, presumably for the US.

"8. End-User Support. The system builder who installs the
individual software license and distributes hardware units
must provide end-user support on terms at least as favorable
as the terms under which the system builder provides end-user
support for any fully assembled computer system."

Under Section 1:

"'System Builder' means an original equipment manufacturer, or
an assembler, reassembler, or installer of softare on computer
systems."

In order to be in compliance, as so stipulated in the exact
wording of the Microsoft OEM System Builder License exampled
at this URL, the system builder has to honor the warranties and
guarantees made to all its end-users, whomever they may be, and
also regardless of the fact that the system builder and end-user
might be the one and the same.

Let's not be too selective in the way quotes are being thrown
around.

 

[Steve N.]

Purchasers of OEM software are required to comply with the terms
of the System Builder License, including responsibility for providing
all end-user support.

Example: http://www.newegg.com/Product/Product.asp?Item=N82E16837102153

If an End User purchases an OEM version of Windows XP,
the End User must comply with the System Builder license as well as
the OEM EULA.

Your example is _exactly_ the same as this one below... and equally
imeaningless with regards to the question at hand.


Go here, scroll down and click on System Builder License:

http://www.walmart.com/catalog/product.do?product_id=1957320

It will take you here:

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

Click on English and it loads this:

http://oem.microsoft.com/downloads/Public/sblicense/English_SB_License.pdf

This is the same exact document your "example" would lead to.

Nowhere does this document define "the computer" soley or distinctly as
"the motherboard". I suggest you actually READ it. I did, four times.

Here's a more meaningful example...

Walk into your local Wal-Mart, ask the sales associate about the
question at hand. What do you think he/she is going to say? Probably
something like "Huh?" Nowhere and at no time are you presented with any
definition of "the computer" equaling "the motherboard" at or since the
time of purchase in any form of a license agreement at your immediate or
future disposal.

If we are forced to choose to take _your_ word for it that's a no
brainer for me; I wouldn't trust _your_ judgement with the legitimate
definition of a rock.

Steve

 

[Bruce Chambers]

Earlier this year i bought a copy of xp home OEM to go with my new hand built
pc. When i bought it (legally) the guy in the shop said its just XP only not
in a box. Now im being told that with my generic oem copy i can only use it
on this computer with this hardware config`. So what happens when i have to
upgrade, say, my motherboard?

According to its EULA, an OEM license may not be transferred from
one distinct PC to another PC. Nothing is said about prohibiting one
from repairing or upgrading the PC on which an OEM license is installed.

Now, some people believe that the motherboard is the key component
that defines the "original computer," but the OEM EULA does not make any
such distinction. Others have said that one could successfully argue
that it's the PC's case that is the deciding component, as that is where
one is instructed to affix the OEM CoA label w/Product Key. Again, the
EULA does not specifically define any single component as the computer.
Licensed Microsoft Systems Builders, who are allowed to distribute OEM
licenses with computers they sell, are contractually obligated to
"define" the computer as the motherboard, but this limitation/definition
can't be applied to the end user until the EULA is re-written. This is
the catch that has caught the OP: the computer manufacturer has to treat
the repaired/upgraded computer as a different computer. Had the OP
obtained the replacement motherboard from the original manufacturer,
this issue wouldn't have arisen.

Microsoft has, to date, been very careful _not_ publicly to define
when an incrementally upgraded computer ceases to be the original
computer. The closest I've ever seen a Microsoft employee come to this
definition (in a public forum) is to tell the person making the inquiry
to consult the PC's manufacturer. As the OEM license's support is
solely the responsibility of said manufacturer, they should determine
what sort of hardware changes to allow before the warranty and support
agreements are voided. To paraphrase: An incrementally upgraded
computer ceases to be the original computer, as pertains to the OEM
EULA, only when the *OEM* says it's a different computer. If you've
built the system yourself, and used a generic OEM CD, then _you_ are the
"OEM," and _you_ get to decide when you'll no longer support your product.


--

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

 

[Guest]

If you cannot understand/comprehend/agree to the System Builder's
and OEM licensing agreements, you are better suited to puchase
a "Retail Version" of Windows XP rather than an "OEM Version".

 

[Guest]

If you cannot understand/comprehend/agree to the System Builder's
and OEM licensing agreements, you are better suited to puchase
a "Retail Version" of Windows XP rather than an "OEM Version".

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


:

Item=N82E16837102153

 

[Steve N.]

Sorry about the password protection.. Although anything stated by microsft
isnt legally binding unless it is in the EULA.

Which is the point, isn't it? And even then, as Kurt laboriously points
out, is not truly legally binding without judicial intervention, which
has yet to take place.

"Thank you for your post, Michael. Generally, you may upgrade or replace all
of the hardware components on your customer's computer and the customer may
maintain the license for the original Microsoft OEM operating system
software, with the exception of an upgrade or replacement of the
motherboard. Unless upgraded or replaced under warranty, if the motherboard
is upgraded, then a new computer has been created and the license of new
operating system software is required. The original Microsoft OEM operating
system software cannot be transferred to another computer."

http://www.michaelstevenstech.com/oemeula.htm

I never said the OP was bound by this. I actually said he is allowed to do
this.

Yes you did, and he is

psg

Although I have the greatest respect and admiration for Michael Stevens
(a true MVP!), the links provided in the page cited are still not
available to the End User at the time of purchase or installation
(which, BTW, Michael himself points out in the page). Therefore all of
this is irrelevant information for the purposes of this discussion.

Steve