OEM XP

[Alias]

I have bought an OEM XP Pro. It is not tied to any hardware. It has never
been installed on any computer. If I install it on my computer and then my
hard drive, RAM, processor or motherboard needs replacing and/or upgrading,
will the OEM XP Pro still be valid? Will I have to activate it again if I
reinstall it? *Can* it be activated again if I reinstall it on a new
motherboard, hard drive, RAM or processor or combination thereof?

Thanks!

Alias

 

[Jupiter Jones [MVP]]

You will not be able to install on another computer.
If you upgrade or otherwise change components, you will still be able
to use OEM Windows XP.

If you reinstall Windows XP you will need to activate again.
Worst case is a 5 minute call to Microsoft, number will be on the
screen.
This is the same as for retail Windows XP

 

[Shenan Stanley]

I have bought an OEM XP Pro. It is not tied to any hardware.

Good luck with that.

It has never been installed on any computer.
Fantastic...

If I install it on my computer and then my hard drive, RAM,
processor or motherboard needs replacing
and/or upgrading, will the OEM XP Pro still be valid?

Likely.. Especially if you do it at least 120 days after you installed the
first time. Technically, you might not be 100% in accordance with the law -
but having bought an OEM copy without any qualifying hardware - you are
pretty far away from that reality now anyway. heh

Will I have to activate it again if I reinstall it?

Well, DUH! If you reinstall a copy of Windows XP that had to be activated
the first time you installed it, it will have to be activated with every
subsequent installation - even if on the same system. That's part of
reinstalling.

*Can* it be activated again if I
reinstall it on a new motherboard, hard drive, RAM or processor or
combination thereof?

Well, here is a gray area. You bought this OEM without any qualifying
hardware - that in itself means whoever you bought it from is not ABOUT to
support it and that is your only path to support, being OEM. So,
technically, you are getting to choose what piece of hardware this copy of
XP is "attached" to. Some will (likely) argue this point. Some might even
have proof to the contrary. But let's say you choose your CDROM audio cable
as the qualifying hardware.. Keep that in the system and move on - not to
mention that if you wait 120 days between installs, you should have no
problem activating it over the Internet. Legally and/or morally - is that
right? Each person makes their own - I am just giving you the facts on how
things work.

 

[*Vanguard*]

You will not be able to install on another computer.

But is it really a legal OEM copy if it was never purchased with and
then tied to that qualifying hardware? Pre-installed OEM is tied to the
computer (the "hardware") it was installed on. Non-installed OEM
versions require some hardware be included in the purchase, even if it
is just something like an IDE ribbon cable. Doesn't sound like Alias
has a legal copy. Bet he can't contact the seller anymore, either.

 

[Dublevay]

Well, here is a gray area. You bought this OEM without any qualifying
hardware

He never said he bought it without any qualifying hardware. He said it is
not *tied* to any hardware. I am as in the dark as you about the real facts,
but is it not possible that he bought it along with a hard drive, but then
decided to put Linux on that box?

JW

 

[Alias]

But is it really a legal OEM copy if it was never purchased with and
then tied to that qualifying hardware? Pre-installed OEM is tied to the
computer (the "hardware") it was installed on. Non-installed OEM
versions require some hardware be included in the purchase, even if it
is just something like an IDE ribbon cable. Doesn't sound like Alias
has a legal copy. Bet he can't contact the seller anymore, either.

It is legal with the MS haliographs and everything. The seller is one of the
largest computer parts wholesellers in Spain. I didn't say I have a
"pre-installed OEM". I have an OEM that has never been installed on any
computer and is not tied to any hardware. We have different laws in Spain
that are not dictated by Mr. Gates or any of his minions.

Alias

 

[Alias]

Good luck with that.

What problems could I have?

Likely.. Especially if you do it at least 120 days after you installed the
first time. Technically, you might not be 100% in accordance with the law -
but having bought an OEM copy without any qualifying hardware - you are
pretty far away from that reality now anyway. heh

In my Spain, OEM's don't have to be tied to hardware unless you buy an OEM
that tied to a particular motherboard and those are cheaper than the OEM I
bought.

Well, DUH! If you reinstall a copy of Windows XP that had to be activated
the first time you installed it, it will have to be activated with every
subsequent installation - even if on the same system. That's part of
reinstalling.

Sorry, that *was* a stupid quetion.

Well, here is a gray area. You bought this OEM without any qualifying
hardware - that in itself means whoever you bought it from is not ABOUT to
support it and that is your only path to support, being OEM.

Actually, as they are a very large wholesaler, they will support it. The
fact that they sold it to me with no hardware whatsoever indicates to me
that the "tying to hardware" law is not in effect in Spain where I live.

So,
technically, you are getting to choose what piece of hardware this copy of
XP is "attached" to.

During the installation process, I will be asked to which hardware I want it
attached?

Some will (likely) argue this point. Some might even
have proof to the contrary. But let's say you choose your CDROM audio cable
as the qualifying hardware.. Keep that in the system and move on - not to
mention that if you wait 120 days between installs, you should have no
problem activating it over the Internet. Legally and/or morally - is that
right? Each person makes their own - I am just giving you the facts on how
things work.

Thanks for your reply

Alias

 

[Simon B]

I read somewhere awhile ages that each piece of hardware
has like points allocated with it, eg motherboard,
network card, hdd... (all worth different number of
points)

and you have to keep a certain number of points from
original hardware spec (that i was first activated with)
- so you have to keep a certain amount of hardware the
same.

as far as i can remember network cards had the highest
point value.

(this was from a site - cant remember it, ages ago, when
i had just bought XP Home OEM myself.. and wanted to know
pretty much the same thing!)

No idea if this is the "Truth" but why on earth would
someone say it if it wasn't?

 

[Bruce Chambers]

Greetings --

If you purchased an OEM license without _any_ qualifying hardware,
then you do _not_ have a legitimate license. You might want to report
the vendor to the appropriate authorities, before he swindles too many
more people.

But, were we to stipulate that you had been sold a legitimate
license, there is absolutely nothing in the OEM EULA to preclude your
repairing and/or upgrading the computer on which it is installed.

According to the EULA, an OEM license may not be transferred from
one distinct PC to another PC. However, this most emphatically does
not prohibit 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.

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 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 PC yourself, and used a generic OEM WinXP CD,
I'd have to conclude that *you* are the OEM, and *you* get to decide
when you're going to stop supporting the system and its OS.

If you should have to reinstall the OS, you'd naturally have to
activate it again. It doesn't matter whether it's an OEM or a retail
license. There's no limit to the number of times you can reinstall
and activate the same WinXP license on the same PC. Nor is there ever
a charge. If it's been more than 120 days since you last activated
that specific Product Key, you'll most likely be able to activate via
the Internet without problem. If it's been less, you might have to
make a 5 minute phone call.

Here are the facts pertaining to activation:

Piracy Basics - Microsoft Product Activation
http://www.microsoft.com/piracy/basics/activation/

Windows Product Activation (WPA)
http://www.aumha.org/a/wpa.htm


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

 

[Alias]

If you've built the PC yourself, and used a generic OEM WinXP CD,
I'd have to conclude that *you* are the OEM, and *you* get to decide
when you're going to stop supporting the system and its OS.

Bruce Chambers

This is exactly my case. I am the "manufacturer" as I built the computer and
I bought the OEM from a wholesaler. It currently has W2K Pro on it and I
want to upgrade to XP Pro and plan to do a "clean install".

Thank you for your response.

Alias

 

[Alex Nichol]

I have bought an OEM XP Pro. It is not tied to any hardware. It has never
been installed on any computer. If I install it on my computer and then my
hard drive, RAM, processor or motherboard needs replacing and/or upgrading,
will the OEM XP Pro still be valid? Will I have to activate it again if I
reinstall it? *Can* it be activated again if I reinstall it on a new
motherboard, hard drive, RAM or processor or combination thereof?

It is probably not strictly within limits of the agreement between the
vendor and Microsoft if bought without any hardware at all - though
Microsoft seem to have become very lax on the point. I would give some
thought as to how reputable the source is: there are certainly pirated
copies of the system sold in this way, some of which will not be
accepted for installing Service packs.

It is in any case only licensed on the machine where first installed.
You can certainly do some upgrading there without needing re-activation.
(see www.aumha.org/win5/a/wpa.htm for how this is assessed). But may
not install to a different computer. Just where a succession of changes
turns into 'different computer' has not been spelled out. It might be
argued that once it needs reactivation by phone anyway it has gone over
the mark; it might be argued that as long as the motherboard is
unchanged it is the same machine.

 

[Jupiter Jones [MVP]]

Simon;
This may be the site:
http://aumha.org/win5/a/wpa.htm

 

[*Vanguard*]

It is legal with the MS haliographs and everything. The seller is one
of the largest computer parts wholesellers in Spain. I didn't say I
have a "pre-installed OEM". I have an OEM that has never been
installed on any computer and is not tied to any hardware. We have
different laws in Spain that are not dictated by Mr. Gates or any of
his minions.

Alias

If your OEM is getting legal copies of OEM versions of Windows from
Microsoft then Microsoft will be setting the rules on how the product
gets sold to which your OEM (actually a reseller in this case) agreed by
contract - and will be enforcable via contract law even in your country.
Laws obviously cannot be written to cover every condition of every
contract ever written, so the conditions of the contract are enforceable
*unless* they violate applicable law. Microsoft is headquartered in the
USA. They are a worldwide company and they have lawyers everywhere.
Contact your OEM to find out what legal contract they have with
Microsoft that permits them to sell OEM versions of Windows separate of
ANY hardware. Or, alternatively, after you install it, run "winver" and
click on the EULA link to see what it actually says. You could ask your
OEM for a copy of the EULA, or just go look at X:\I386\EULA.TXT on the
CD (where X: is the drive letter of the CD-type drive you use). Mine
says:

License Agreement ("EULA") is a legal agreement between you (either an
individual or a single legal entity) and the manufacturer
("Manufacturer") of the computer system or computer system component
("HARDWARE") with which you acquired the Microsoft software product(s)
identified on the Certificate of Authenticity ("COA") affixed to the
HARDWARE or on the associated product documentation ("SOFTWARE").

To paraphrase, "... computer system or component ("HARDWARE") **with**
which you acquired the software". Notice the "with", as in the software
comes WITH the qualifying hardware. You are required to buy SOME
non-peripheral hardware with an OEM version of Windows. Being in a
different country than where Microsoft is incorporated won't obviate
your OEM from complying with whatever contract they signed with
Microsoft, if any (for legal sales). Contract law will still apply.
You do use contracts in Spain and which are legally binding documents,
right? Read your EULA and see what *it* says. I got my OEM copy with a
SATA drive cable as the qualifying hardware for a whopping cost of $2.
Maybe Spain really does have real laws (rather than imagined) that ban
the requirement of accompanying hardware with OEM versions of software.
Never heard of that one before, though. Someone else will have to
provide you with the conditions contained within a retail copy of
Windows XP; I only have OEM versions (the 2 included problem tickets for
retail Windows XP are, to me, not worth the extra cost).

Does this proclaimed legit OEM vendor have a web site? If not, can you
provide specific identifying information of this OEM? I'll send off an
e-mail to Microsoft to notify them of the violation or have them check
if that OEM does indeed have special privileges not afforded to other
OEMs. If this OEM reseller does have a web site and an e-mail or
webform contact, I'll send them a note asking them to respond on why
they believe they do not need to include and require non-peripheral
hardware in the resale of OEM versions of Windows. I'd be interested if
they can really qualify those sales or even if they respond at all.

 

[Alias]

If your OEM is getting legal copies of OEM versions of Windows from
Microsoft then Microsoft will be setting the rules on how the product
gets sold to which your OEM (actually a reseller in this case) agreed by
contract - and will be enforcable via contract law even in your country.
Laws obviously cannot be written to cover every condition of every
contract ever written, so the conditions of the contract are enforceable
*unless* they violate applicable law. Microsoft is headquartered in the
USA. They are a worldwide company and they have lawyers everywhere.
Contact your OEM to find out what legal contract they have with
Microsoft that permits them to sell OEM versions of Windows separate of
ANY hardware. Or, alternatively, after you install it, run "winver" and
click on the EULA link to see what it actually says. You could ask your
OEM for a copy of the EULA, or just go look at X:\I386\EULA.TXT on the
CD (where X: is the drive letter of the CD-type drive you use). Mine
says:

License Agreement ("EULA") is a legal agreement between you (either an
individual or a single legal entity) and the manufacturer
("Manufacturer") of the computer system or computer system component
("HARDWARE") with which you acquired the Microsoft software product(s)
identified on the Certificate of Authenticity ("COA") affixed to the
HARDWARE or on the associated product documentation ("SOFTWARE").

To paraphrase, "... computer system or component ("HARDWARE") **with**
which you acquired the software". Notice the "with", as in the software
comes WITH the qualifying hardware. You are required to buy SOME
non-peripheral hardware with an OEM version of Windows. Being in a
different country than where Microsoft is incorporated won't obviate
your OEM from complying with whatever contract they signed with
Microsoft, if any (for legal sales). Contract law will still apply.
You do use contracts in Spain and which are legally binding documents,
right? Read your EULA and see what *it* says. I got my OEM copy with a
SATA drive cable as the qualifying hardware for a whopping cost of $2.
Maybe Spain really does have real laws (rather than imagined) that ban
the requirement of accompanying hardware with OEM versions of software.
Never heard of that one before, though. Someone else will have to
provide you with the conditions contained within a retail copy of
Windows XP; I only have OEM versions (the 2 included problem tickets for
retail Windows XP are, to me, not worth the extra cost).

Does this proclaimed legit OEM vendor have a web site? If not, can you
provide specific identifying information of this OEM? I'll send off an
e-mail to Microsoft to notify them of the violation or have them check
if that OEM does indeed have special privileges not afforded to other
OEMs. If this OEM reseller does have a web site and an e-mail or
webform contact, I'll send them a note asking them to respond on why
they believe they do not need to include and require non-peripheral
hardware in the resale of OEM versions of Windows. I'd be interested if
they can really qualify those sales or even if they respond at all.

I am not going to risk jeopardising my supplier by providing you or
Microsoft with their details (I *like* buying legitimate copies of XP Pro
for 140 euros and XP Home for 82 euros). I will be seeing them on Monday and
I will ask them in person. I suspect that either the hardware deal is not a
law in Spain or the law has no teeth so no one pays it any mind, including
the authorities. Remember that Spain has the highest rate of software piracy
in Europe and no one, so far, has paid a fine or gone to jail. You must
understand that Spain, unlike the USA, has a penal code that is based on
Crime and Rehabilitation, not Crime and Punishment like the States. Unlike
the States, Spain recently came up from a 40 year totalitarian regime with
Franco so the current Spanish constitution is based more on human rights
than any other in the so-called "free world". To give you an example,
stealing under 300 euros is not a crime. Do that three times in California
and you're in prison for life.

I might add that I know three other stores, not wholesalers, who will sell
you MS OS OEM versions without any hardware.

Alias

 

[Bob Harris]

If you find that you need to call Microsoft to re-activate, just describe
what you are doing, like "added NIC card", or, "replaced disk", or even
"replaced motherboard". But, never say "built new PC".

 

[Bruce Chambers]

Greetings --

You're welcome.

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

 

[Alias]

I called Microsoft and as of three months ago, OEMs are no longer tied to
hardware.

Alias

 

[*Vanguard*]

I called Microsoft and as of three months ago, OEMs are no longer
tied to hardware.

Now to find if Microsoft ever bothered to publish this somewhere. If
true, it will make getting OEM versions easier. After you install your
copy of Windows, could you post back with a copy of the eula.txt file.
I'd be interested to see if they rewrote the EULA to not say that the
software comes *with* qualifying hardware.