One license, one computer

W

William B. Lurie

I know this has been asked and answered many times, but
the links are so wordy and explicit that it would be nice
to get a simple answer.

My present OEM computer came with its license, so I have
no problem, myself. I bought this new machine 2 years ago
to replace the eMachines PC that had so many intermittents
on the motherboard that I was tired of massaging it.

But it seems to me that I still own the license that applied
to that computer. My cousin is giving up her old HP desktop
computer (with Windows 98) because her daughter forced her to
accept a new Apple laptop of some sort.

I would like to take her old machine and adopt it as my own,
and use my XP License and run XP on that machine. My OLD XP one-
license-one-machine, only it's that old license handed down from
my defunct eMachines frame, now to run on a different machine.
One license, the original machine destroyed, now to be used
again, on one machine.

It sounds legal to me, but I'd like advice in plain language, as
to how I do it.

Thank you.
 
S

Shenan Stanley

William said:
I know this has been asked and answered many times, but
the links are so wordy and explicit that it would be nice
to get a simple answer.

My present OEM computer came with its license, so I have
no problem, myself. I bought this new machine 2 years ago
to replace the eMachines PC that had so many intermittents
on the motherboard that I was tired of massaging it.

But it seems to me that I still own the license that applied
to that computer. My cousin is giving up her old HP desktop
computer (with Windows 98) because her daughter forced her to
accept a new Apple laptop of some sort.

I would like to take her old machine and adopt it as my own,
and use my XP License and run XP on that machine. My OLD XP one-
license-one-machine, only it's that old license handed down from
my defunct eMachines frame, now to run on a different machine.
One license, the original machine destroyed, now to be used
again, on one machine.

It sounds legal to me, but I'd like advice in plain language, as
to how I do it.
Click to expand...

Short answer:
Your assumption - given what you have - is incorrect. You can *not*
transfer the Windows XP license from the old eMachine to any other machine
and still be under the terms of the agreement for said license.

More of an Answer:
If the license you have with a computer is OEM (Windows XP) and not retail -
then the license is permanently tied to the computer. Being that you said
eMachine - chances are *very high* it is an OEM licensed copy of Windows XP.
There is a *chance* you purchased your own retail copy (upgrade and/or
retail boxed) of Windows XP - but if you had - I would have assumed it would
have been in your initial story line. You said, "... it's that old license
handed down from my defunct eMachine ..." <- which means - more than
likely - it came with the eMachine, has a high percentage chance (99+%) of
being OEM and is now, in your words, also defunct.

If the CD for installation of Windows XP OEM and the Product Key is stored
safely in another part of the world and the computer itself catches fire and
is unrecoverable - you might as well throw out the CD for installation of
Windows XP OEM and the Product Key that was stored safely elsewhere -
because they were tied (via the EULA - End User License Agreement) to the
machine that is now worthless.

If you obtain a machine (like an eMachine) and it comes with Windows XP
installed, sticker on the case or some other identification as an OEM
license - and then you obtain another machine that either comes with no
operating system, has a different operating system or you just want to
rebuild with Windows XP - you *cannot* (in accordance with the EULA - End
User License Agreement) use the OEM license from the first machine to do so.
The OEM licensed version of Windows XP on the original machine is *tied
permanently* (EULA again) to the original machine and cannot be transferred
to another machine.
 
W

William B. Lurie

Shenan said:
Short answer:
Your assumption - given what you have - is incorrect. You can *not*
transfer the Windows XP license from the old eMachine to any other machine
and still be under the terms of the agreement for said license.

More of an Answer:
If the license you have with a computer is OEM (Windows XP) and not retail -
then the license is permanently tied to the computer. Being that you said
eMachine - chances are *very high* it is an OEM licensed copy of Windows XP.
There is a *chance* you purchased your own retail copy (upgrade and/or
retail boxed) of Windows XP - but if you had - I would have assumed it would
have been in your initial story line. You said, "... it's that old license
handed down from my defunct eMachine ..." <- which means - more than
likely - it came with the eMachine, has a high percentage chance (99+%) of
being OEM and is now, in your words, also defunct.

If the CD for installation of Windows XP OEM and the Product Key is stored
safely in another part of the world and the computer itself catches fire and
is unrecoverable - you might as well throw out the CD for installation of
Windows XP OEM and the Product Key that was stored safely elsewhere -
because they were tied (via the EULA - End User License Agreement) to the
machine that is now worthless.

If you obtain a machine (like an eMachine) and it comes with Windows XP
installed, sticker on the case or some other identification as an OEM
license - and then you obtain another machine that either comes with no
operating system, has a different operating system or you just want to
rebuild with Windows XP - you *cannot* (in accordance with the EULA - End
User License Agreement) use the OEM license from the first machine to do so.
The OEM licensed version of Windows XP on the original machine is *tied
permanently* (EULA again) to the original machine and cannot be transferred
to another machine.
Click to expand...
Thank you for both the long and the short of it, S.S.
You spelled it out very clearly. On the chance that it
might 'play', I can use the practice and may try to
work it out when and if I get the hardware. On the surface
it might seem unfair that one buys hardware and software,
the hardware develops a fault, and becomes useless, and the
software is rendered unusable as a result.
 
M

Mick Murphy

"I know this has been asked and answered many times, but
the links are so wordy and explicit that it would be nice
to get a simple answer."

NO. It is NOT legal to move an OEM licence from the original computer it was
installed on.
 
J

Jim

Mick Murphy said:
"I know this has been asked and answered many times, but
the links are so wordy and explicit that it would be nice
to get a simple answer."

NO. It is NOT legal to move an OEM licence from the original computer it
was
installed on.
Click to expand...
No only that, moving an OEM installation to another computer might not be
possible since many of them are BIOS linked.

However, the OP conveniently forgot to notice that a computer with an OEM
license is quite abit less expensive than those with regular ones.

Jim
 
K

Ken Blake, MVP

I know this has been asked and answered many times, but
the links are so wordy and explicit that it would be nice
to get a simple answer.

My present OEM computer came with its license, so I have
no problem, myself. I bought this new machine 2 years ago
to replace the eMachines PC that had so many intermittents
on the motherboard that I was tired of massaging it.

But it seems to me that I still own the license that applied
to that computer. My cousin is giving up her old HP desktop
computer (with Windows 98) because her daughter forced her to
accept a new Apple laptop of some sort.

I would like to take her old machine and adopt it as my own,
and use my XP License and run XP on that machine. My OLD XP one-
license-one-machine, only it's that old license handed down from
my defunct eMachines frame, now to run on a different machine.
One license, the original machine destroyed, now to be used
again, on one machine.

It sounds legal to me, but I'd like advice in plain language, as
to how I do it.
Click to expand...


No, you may not do this. OEM licenses come with several restrictions,
and the most severe restriction is that they are permanently tied to
the first computer they are installed on. They are not movable to
another computer, as retail licenses are.
 
S

Shenan Stanley

<snipped>
http://groups.google.com/group/micr...4fe9eb8fc5a/ce758727d6d5f65f#ce758727d6d5f65f


Thank you for both the long and the short of it, S.S.
You spelled it out very clearly. On the chance that it
might 'play', I can use the practice and may try to
work it out when and if I get the hardware. On the surface
it might seem unfair that one buys hardware and software,
the hardware develops a fault, and becomes useless, and the
software is rendered unusable as a result.
Click to expand...

Chances are it would function fine as this is not (despite all the hooplah
about "BIOS Locked") a technological issue. This is an issue centering
around an agreement (the Windows XP EULA to be precise.) Even a BIOS lock
can be gotten around either by clever manipulation of the CD (making a new
one) and/or obtaining a generic version of the installation media.

Unfortunately - by not doing research before-the-fact - many end-users find
themselves in the situation you describe. The reseller/original equipment
manufacturer chose to buy the licenses in bulk as OEM - lessening their
price to 'pass the savings on to you'. What they don't usually offer up is
the disadvantages of your savings - this being one of the larger ones
surrounding Windows XP OEM licensing terms.
 
B

Bruce Chambers

William said:
I know this has been asked and answered many times, but
the links are so wordy and explicit that it would be nice
to get a simple answer.

My present OEM computer came with its license, so I have
no problem, myself. I bought this new machine 2 years ago
to replace the eMachines PC that had so many intermittents
on the motherboard that I was tired of massaging it.

But it seems to me that I still own the license that applied
to that computer. My cousin is giving up her old HP desktop
computer (with Windows 98) because her daughter forced her to
accept a new Apple laptop of some sort.

I would like to take her old machine and adopt it as my own,
and use my XP License and run XP on that machine. My OLD XP one-
license-one-machine, only it's that old license handed down from
my defunct eMachines frame, now to run on a different machine.
One license, the original machine destroyed, now to be used
again, on one machine.

It sounds legal to me, but I'd like advice in plain language, as
to how I do it.

Thank you.
Click to expand...


The plain language is right in the EULA to which you agreed to be
bound, but here it is again, rephrased:

By your own admission, you have an OEM license for WinXP from the
defunct machine. An OEM version must be sold with a piece of hardware
(normally a motherboard or hard rive, if not an entire PC) and is
_permanently_ bound to the first PC on which it's installed. An OEM
license, once installed, is not legally transferable to another computer
under _any_ circumstances.


--

Bruce Chambers

Help us help you:


http://support.microsoft.com/default.aspx/kb/555375

They that can give up essential liberty to obtain a little temporary
safety deserve neither liberty nor safety. ~Benjamin Franklin

Many people would rather die than think; in fact, most do. ~Bertrand Russell

The philosopher has never killed any priests, whereas the priest has
killed a great many philosophers.
~ Denis Diderot
 
W

William B. Lurie

Bruce said:
The plain language is right in the EULA to which you agreed to be
bound, but here it is again, rephrased:

By your own admission, you have an OEM license for WinXP from the
defunct machine. An OEM version must be sold with a piece of hardware
(normally a motherboard or hard rive, if not an entire PC) and is
_permanently_ bound to the first PC on which it's installed. An OEM
license, once installed, is not legally transferable to another computer
under _any_ circumstances.
Click to expand...
Well, Bruce, if there was any doubt before, your rephrasing
certainly set the matter straight, crystal clear. In truth,
buying a new XP with license is cheap enough these days so
that it would not be worth the hassle to try to do otherwise.
 
L

Leythos

I would like to take her old machine and adopt it as my own,
and use my XP License and run XP on that machine. My OLD XP one-
license-one-machine, only it's that old license handed down from
my defunct eMachines frame, now to run on a different machine.
One license, the original machine destroyed, now to be used
again, on one machine.

It sounds legal to me, but I'd like advice in plain language, as
to how I do it.
Click to expand...

An OEM license dies with the first computer it's installed on. It
doesn't matter if you destroy that computer, etc... the LICENSE remains
with it and dies with it.

The only exception is when a motherboard dies and must be replaced to
keep the "Computer" running. If a exact replacement motherboard is not
available, a newer motherboard can be used and the license is still
valid. Upgrades are not considered valid, only replacement of a FAULTY
motherboard is permitted (drives and memory and such are always
possible).

So, as much as you would like to think you still own a license, it's not
true, the license remains with the old computer period, done.

Now, what you do and if MS will come after you are another discussion
that I won't participate in.
 
K

Ken Blake, MVP

An OEM license dies with the first computer it's installed on. It
doesn't matter if you destroy that computer, etc... the LICENSE remains
with it and dies with it.
Click to expand...


That's correct.

The only exception is when a motherboard dies and must be replaced to
keep the "Computer" running. If a exact replacement motherboard is not
available, a newer motherboard can be used and the license is still
valid. Upgrades are not considered valid, only replacement of a FAULTY
motherboard is permitted
Click to expand...


But that's not correct. The motherboard doesn't have to be faulty to
replace it, and an exact replacement is not at all required.

For a long time, it wasn't clear exactly what constituted the original
computer, and many people felt that replacing the motherboard made it
a different computer, and therefore invalidated the OEM license.
However, Microsoft has clarified the situation. See
http://www.microsoft.com/windows/products/windowsvista/buyorupgrade/activationfaq.mspx
or http://tinyurl.com/384gx5

which states

"If you acquired Windows Vista pre-installed on a computer from a
major manufacturer (sometimes referred to as an Original Equipment
Manufacturer or OEM), Windows Vista will require re-activation if you
replace the motherboard with a motherboard not provided by the OEM."

So clearly, if you can reactivate it, it's legal to use it.

Although that page is specifically about Vista, it's reasonable to
assume that the same thing applies to XP.
 
W

William B. Lurie

That's correct.




But that's not correct. The motherboard doesn't have to be faulty to
replace it, and an exact replacement is not at all required.

For a long time, it wasn't clear exactly what constituted the original
computer, and many people felt that replacing the motherboard made it
a different computer, and therefore invalidated the OEM license.
However, Microsoft has clarified the situation. See
http://www.microsoft.com/windows/products/windowsvista/buyorupgrade/activationfaq.mspx
or http://tinyurl.com/384gx5

which states

"If you acquired Windows Vista pre-installed on a computer from a
major manufacturer (sometimes referred to as an Original Equipment
Manufacturer or OEM), Windows Vista will require re-activation if you
replace the motherboard with a motherboard not provided by the OEM."

So clearly, if you can reactivate it, it's legal to use it.

Although that page is specifically about Vista, it's reasonable to
assume that the same thing applies to XP.
Click to expand...
Let's refine the scenario a bit, Ken. On eBay there are a zillion
"New, Windows XP Home , OEM Edition, with COA". Suppose I buy one
of those and install it in my cousin's HP PC. I should then
be able to register it, activate it, and it then becomes a
'til-death-do-us-part marriage partner of that computer. Is
that entirely correct?
 
K

Ken Blake, MVP

Let's refine the scenario a bit, Ken. On eBay there are a zillion
"New, Windows XP Home , OEM Edition, with COA". Suppose I buy one
of those and install it in my cousin's HP PC. I should then
be able to register it, activate it, and it then becomes a
'til-death-do-us-part marriage partner of that computer. Is
that entirely correct?
Click to expand...


Yes, assuming that they really are "new" and haven't been used before.
When you buy something on eBay, there are always risks that what you
think you are getting isn't what you actually get.

Your paragraph says the essentially the same thing as the one of
Leythos's that I agreed with above. It was only his second paragraph
that was incorrect.

And one additional (and very minor) point. You say "I should then be
able to register it, activate it." Be aware that activation is
required, but registration isn't at all required. Registration does
nothing for you and is just used by Microsoft for marketing purposes.
 
P

phil hodge

Hi - I upgraded my computer last November with a clean install of Windows 7 - I bought the install disk, boxed, from a well known PC shop. However, the hardware is struggling to run W7 suitably fast, (I did check compatibility with the MS tool) so I'm now thinking of replacing the motherbord, processor, ram and hard drive, possibly a new graphics card too, all in one go.

Given that I bought the W7 disk new, as a retail item, does this mean that I can do a fresh re-install of this W7 disk on this machine, which will to all intents, be a "new" machine apart from the case, DVD drive and maybe the PSU? Will I need to use the manual activation and call for a new activation code? Would I be granted one?

IF the above is ok, the next question is about Dual Booting. I have retail clean install disk of XP from another PC I built which is no longer in use. I'd like to make my new PC a dual boot machine, so I would need to install XP first. Would I have to go through a manual activation process with XP first, as well?


I know this has been asked and answered many times, but
the links are so wordy and explicit that it would be nice
to get a simple answer.

My present OEM computer came with its license, so I have
no problem, myself. I bought this new machine 2 years ago
to replace the eMachines PC that had so many intermittents
on the motherboard that I was tired of massaging it.

But it seems to me that I still own the license that applied
to that computer. My cousin is giving up her old HP desktop
computer (with Windows 98) because her daughter forced her to
accept a new Apple laptop of some sort.

I would like to take her old machine and adopt it as my own,
and use my XP License and run XP on that machine. My OLD XP one-
license-one-machine, only it's that old license handed down from
my defunct eMachines frame, now to run on a different machine.
One license, the original machine destroyed, now to be used
again, on one machine.

It sounds legal to me, but I'd like advice in plain language, as
to how I do it.

Thank you.
Short answer:
Your assumption - given what you have - is incorrect. You can *not*
transfer the Windows XP license from the old eMachine to any other machine
and still be under the terms of the agreement for said license.

More of an Answer:
If the license you have with a computer is OEM (Windows XP) and not retail -
then the license is permanently tied to the computer. Being that you said
eMachine - chances are *very high* it is an OEM licensed copy of Windows XP.
There is a *chance* you purchased your own retail copy (upgrade and/or
retail boxed) of Windows XP - but if you had - I would have assumed it would
have been in your initial story line. You said, "... it's that old license
handed down from my defunct eMachine ..." <- which means - more than
likely - it came with the eMachine, has a high percentage chance (99+%) of
being OEM and is now, in your words, also defunct.

If the CD for installation of Windows XP OEM and the Product Key is stored
safely in another part of the world and the computer itself catches fire and
is unrecoverable - you might as well throw out the CD for installation of
Windows XP OEM and the Product Key that was stored safely elsewhere -
because they were tied (via the EULA - End User License Agreement) to the
machine that is now worthless.

If you obtain a machine (like an eMachine) and it comes with Windows XP
installed, sticker on the case or some other identification as an OEM
license - and then you obtain another machine that either comes with no
operating system, has a different operating system or you just want to
rebuild with Windows XP - you *cannot* (in accordance with the EULA - End
User License Agreement) use the OEM license from the first machine to do so.
The OEM licensed version of Windows XP on the original machine is *tied
permanently* (EULA again) to the original machine and cannot be transferred
to another machine.
Click to expand...
Click to expand...
 
E

Erik Vastmasd

Hi - I upgraded my computer last November with a clean install of Windows 7 - I bought the install disk, boxed, from a well known PC shop. However, the hardware is struggling to run W7 suitably fast, (I did check compatibility with the MS tool) so I'm now thinking of replacing the motherbord, processor, ram and hard drive, possibly a new graphics card too, all in one go.

Given that I bought the W7 disk new, as a retail item, does this mean that I can do a fresh re-install of this W7 disk on this machine, which will to all intents, be a "new" machine apart from the case, DVD drive and maybe the PSU? Will I need to use the manual activation and call for a new activation code? Would I be granted one?
Click to expand...

I would suggest you buy a new computer capable of running Win 7 and a
new Windows install disk.
IF the above is ok, the next question is about Dual Booting. I have retail clean install disk of XP from another PC I built which is no longer in use. I'd like to make my new PC a dual boot machine, so I would need to install XP first. Would I have to go >through a manual activation process with XP first, as well?
Click to expand...

Microsoft probably won't allow you you to reinstall Win XP or Win 7 on a
new machine. If you go with Win 7 do you have programs that require Win
XP? Otherwise forget all about XP.
 
K

Ken Blake, MVP

I would suggest you buy a new computer capable of running Win 7 and a
new Windows install disk.


Microsoft probably won't allow you you to reinstall Win XP or Win 7 on a
new machine.
Click to expand...


That's true *only* for OEM copies of Windows. Retail copies can be
moved from machine to machine as often as needed or desired.
 
D

Don Phillipson

Microsoft probably won't allow you you to reinstall Win XP or Win 7 on a
new machine.
Click to expand...

The MS activation process now appears automatic. I have seen a hard drive
with OEM WinXP
installed into a rebuilt PC (different in 7 or 8 of 10 points recorded in
WPA.DBL). It booted
apparently OK, with a notice (bottom right) that the OS required MS
activation -- done free and via
Internet in a minute or two.
 
E

Erik Vastmasd

That's true *only* for OEM copies of Windows. Retail copies can be
moved from machine to machine as often as needed or desired.
Click to expand...

I wasn't aware of that, thanks for the correction.
 

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