Question regarding the OEM software

[Guest]

Ok, well it's sort of a concern. I got my copy of WinXP OEM awhile ago, and
I've reinstalled a few times since, and have changed my system setup.
Recently I re-formatted again, and ran into the new OEM security (having to
call in to register.)

Well, I called in, explained what was up, and the operator went through and
asked me the questions and gave me the activation key. Well, I'm generally a
paranoid person so I've decided I'd go out and get a copy of WinXP Pro
full edition. My question is this: Will I need to reinstall Windows again?
Or is there some (microsoft endorsed) way of swapping up my old OEM key with
my new retail key. If possible, I'd like to avoid reinstalling, simpy do to
the hassel, but if there's no other way, well I guess that's how I'd have to
do it, heh.

 

[Jupiter Jones [MVP]]

Ron;
If you really want to change, a Repair Installation using the new CD and key
will do it:
http://www3.telus.net/dandemar/repaxp.htm

But since you can reinstall that OEM an unlimited # of times on that
computer, there is no reason to buy retail..

 

[Michael Stevens]

In

Ok, well it's sort of a concern. I got my copy of WinXP OEM awhile
ago, and I've reinstalled a few times since, and have changed my
system setup. Recently I re-formatted again, and ran into the new OEM
security (having to call in to register.)

Well, I called in, explained what was up, and the operator went
through and asked me the questions and gave me the activation key.
Well, I'm generally a paranoid person so I've decided I'd go out
and get a copy of WinXP Pro full edition. My question is this: Will
I need to reinstall Windows again? Or is there some (microsoft
endorsed) way of swapping up my old OEM key with my new retail key.
If possible, I'd like to avoid reinstalling, simpy do to the hassel,
but if there's no other way, well I guess that's how I'd have to do
it, heh.

Click on the link below, or copy and paste the link into the address box
if using the web based newsgroup.
I need to change my XP Product KEY #18 on the FAQ list
http://www.michaelstevenstech.com/xpfaq.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

 

[Donald L McDaniel]

Ron;
If you really want to change, a Repair Installation using the new CD
and key will do it:
http://www3.telus.net/dandemar/repaxp.htm

But since you can reinstall that OEM an unlimited # of times on that
computer, there is no reason to buy retail..

Yeh, right...and call to talk to a suspicious Indian named "Fred" every time
we reactivate and try to convince him we have legitimate licenses of XP.

I somehow found the money to buy a Retail Upgrade. Now Microsoft can't say
I don't have a legitimate copy (unless they go and change THAT EULA on me,
like they did on my Full OEM copy.) My Full OEM EULA plainly states that I
can activate the OS EITHER via the Internet, OR over the phone. So
Microsoft broke the OEM EULA when they disabled activation via the Internet.

 

[Jupiter Jones [MVP]]

Donald;
Your post almost sounds tainted with bigotry.
But if you choose to spend your $ when not necessary, that is your choice.

 

[Colin Barnhorst]

No, they didn't break the EULA, they broke a means to violate it.

 

[Admiral Q]

Colin,
MS did break the terms of the EULA - it plainly states product
activation can be made via the internet or with a simple phone call - it
don't state product activation can be made with an invasive Q&A session
phone call.
I was on the phone for over 45 minutes answering their intrusive
questions when trying to reactivate the WinXP Pro on my Dell Workstation.
The only changes where upgrading it from 2GB to 4GB of memory and swapping
both the 2.8GHz CPU's with 2 3.6Ghz CPU's - the final verdict was NO
activation code, both him and his supervisor explained the OEM software was
tied to the CPU's box, and I tried to explain NO it is tied to the BIOs
and/or Motherboard. End result, that computer is now running "Fedora Core
3" - no hassles.
I've always been a supporter of MS for implementing technology to deter
pirating, as I'm a developer/programmer myself and on occasions, my code
and/or end product has been say 'pirated' and/or 'stolen'. Hurrah for MS,
but this has gone a little too far, especially when the individuals that
control the process can't tell the difference between a CPU and a CASE that
holds a CPU, motherboard, hard, etc, much less even speak English - they
spent most of the call talking between them selves in Indian (which is
emphatically "rude" in my opinion).
I fear MS is going to have a "major" class action on their hands with
this latest action - if they were going to change the "terms and conditions"
of the EULA, it should have been going "forward", as MS always boasts the
EULA is legally binding, and I'm afraid most US judges will agree, as "BOTH"
parties are obligated, and "NEITHER" can change the agreement with
constituting a "BREAK" in the agreement - which usually makes the "BREAKING"
party liable for criminal and/or punitive damages.

--
Star Fleet Admiral Q @ your service!
"Google is your Friend!"
www.google.com

***********************************************

No, they didn't break the EULA, they broke a means to violate it.

--
Colin Barnhorst [MVP Windows - Virtual Machine]
(Reply to the group only unless otherwise requested)

Yeh, right...and call to talk to a suspicious Indian named "Fred" every
time we reactivate and try to convince him we have legitimate licenses of
XP.

I somehow found the money to buy a Retail Upgrade. Now Microsoft can't
say I don't have a legitimate copy (unless they go and change THAT EULA on
me, like they did on my Full OEM copy.) My Full OEM EULA plainly states
that I can activate the OS EITHER via the Internet, OR over the phone. So
Microsoft broke the OEM EULA when they disabled activation via the
Internet.

--
Donald L McDaniel
Please reply to the original thread,
so that the thread may be kept intact.
==============================

 

[Jupiter Jones [MVP]]

Admiral Q;
I am just asking to get a better understanding of exactly what you and
others may be going through with OEM Windows XP and the new Activation.

If I understand correctly:
You replaced two 2.8 GHz CPUs with two 3.6 GHz CPUs.
Doubled the memory from 2 gb to 4 gb.
You made no other changes hardware or otherwise?
It is Dell OEM Windows XP?
After 45 minutes of explaining this, you were still denied activation.

--
Jupiter Jones [MVP]
http://www3.telus.net/dandemar/

Colin,
MS did break the terms of the EULA - it plainly states product
activation can be made via the internet or with a simple phone call - it
don't state product activation can be made with an invasive Q&A session
phone call.
I was on the phone for over 45 minutes answering their intrusive
questions when trying to reactivate the WinXP Pro on my Dell Workstation.
The only changes where upgrading it from 2GB to 4GB of memory and swapping
both the 2.8GHz CPU's with 2 3.6Ghz CPU's - the final verdict was NO
activation code, both him and his supervisor explained the OEM software
was
tied to the CPU's box, and I tried to explain NO it is tied to the BIOs
and/or Motherboard. End result, that computer is now running "Fedora Core
3" - no hassles.
I've always been a supporter of MS for implementing technology to deter
pirating, as I'm a developer/programmer myself and on occasions, my code
and/or end product has been say 'pirated' and/or 'stolen'. Hurrah for MS,
but this has gone a little too far, especially when the individuals that
control the process can't tell the difference between a CPU and a CASE
that
holds a CPU, motherboard, hard, etc, much less even speak English - they
spent most of the call talking between them selves in Indian (which is
emphatically "rude" in my opinion).
I fear MS is going to have a "major" class action on their hands with
this latest action - if they were going to change the "terms and
conditions"
of the EULA, it should have been going "forward", as MS always boasts the
EULA is legally binding, and I'm afraid most US judges will agree, as
"BOTH"
parties are obligated, and "NEITHER" can change the agreement with
constituting a "BREAK" in the agreement - which usually makes the
"BREAKING"
party liable for criminal and/or punitive damages.

--
Star Fleet Admiral Q @ your service!
"Google is your Friend!"
www.google.com

***********************************************

No, they didn't break the EULA, they broke a means to violate it.

--
Colin Barnhorst [MVP Windows - Virtual Machine]
(Reply to the group only unless otherwise requested)

Jupiter Jones [MVP] wrote:
Ron;
If you really want to change, a Repair Installation using the new CD
and key will do it:
http://www3.telus.net/dandemar/repaxp.htm

But since you can reinstall that OEM an unlimited # of times on that
computer, there is no reason to buy retail..

Yeh, right...and call to talk to a suspicious Indian named "Fred" every
time we reactivate and try to convince him we have legitimate licenses of
XP.

I somehow found the money to buy a Retail Upgrade. Now Microsoft can't
say I don't have a legitimate copy (unless they go and change THAT EULA on
me, like they did on my Full OEM copy.) My Full OEM EULA plainly states
that I can activate the OS EITHER via the Internet, OR over the phone. So
Microsoft broke the OEM EULA when they disabled activation via the
Internet.

--
Donald L McDaniel
Please reply to the original thread,
so that the thread may be kept intact.
==============================

 

[Donald L McDaniel]

No, they didn't break the EULA, they broke a means to violate it.

That is the most ridiculous rationalization for breaking an EULA I've seen
in these newsgroups.

The OEM EULA PLAINLY states that we have the right to activate our software
EITHER via the Internet OR via phone. Microsoft BROKE the clause stating
that we have the right to activate via the Internet when they disabled
Internet Activation. Since we no longer have the ABILITY to activate our
OEM software via the Internet, we no longer have the RIGHT to activate via
the Internet. Or do we? I'm sure a court of law will make that decision,
hopefully sooner rather than later. Either Microsoft is bound by law to
keep the terms of the OEM EULA, or they are not. If Microsoft has broken
the terms of the OEM EULA, the EULA is worthless and null and void.
Contrary to your juvenile apologetics, they DID break the OEM EULA.

If Microsoft wants to keep the terms of the EULA, as we are required to keep
the terms of the EULA if we want to use the software, they MUST reenable the
ability for OEM software to be activated via the Internet. If Microsoft
refuses to honor its EULA with its customers, we can refuse to honor the
EULA with Microsoft. This is simple law. I'm very sorry you can't
understand such a simple thing.

My name will be one of the first on the list of those joining a class-action
suit against Microsoft, I assure you.

 

[Jupiter Jones [MVP]]

Donald;
I do not see where you have a "right" to an activation choice.
Notice it refers to "activate" and "reactivate".
They seem to be two specific events.
You can activate on the phone or internet.
But for reactivation it does not specify.

I am not a lawyer much less a lawyer specializing in licensing law, are you?
But it seems there may be enough room so that a claim of Microsoft violating
the EULA may fail before it starts.

Otherwise start a class action lawsuit.
If this is as clear a violation as you suggest, it will be easy.

 

[Colin Barnhorst]

It also says that the terms are subject to change without notice.

--
Colin Barnhorst [MVP Windows - Virtual Machine]
(Reply to the group only unless otherwise requested)

Colin,
MS did break the terms of the EULA - it plainly states product
activation can be made via the internet or with a simple phone call - it
don't state product activation can be made with an invasive Q&A session
phone call.
I was on the phone for over 45 minutes answering their intrusive
questions when trying to reactivate the WinXP Pro on my Dell Workstation.
The only changes where upgrading it from 2GB to 4GB of memory and swapping
both the 2.8GHz CPU's with 2 3.6Ghz CPU's - the final verdict was NO
activation code, both him and his supervisor explained the OEM software
was
tied to the CPU's box, and I tried to explain NO it is tied to the BIOs
and/or Motherboard. End result, that computer is now running "Fedora Core
3" - no hassles.
I've always been a supporter of MS for implementing technology to deter
pirating, as I'm a developer/programmer myself and on occasions, my code
and/or end product has been say 'pirated' and/or 'stolen'. Hurrah for MS,
but this has gone a little too far, especially when the individuals that
control the process can't tell the difference between a CPU and a CASE
that
holds a CPU, motherboard, hard, etc, much less even speak English - they
spent most of the call talking between them selves in Indian (which is
emphatically "rude" in my opinion).
I fear MS is going to have a "major" class action on their hands with
this latest action - if they were going to change the "terms and
conditions"
of the EULA, it should have been going "forward", as MS always boasts the
EULA is legally binding, and I'm afraid most US judges will agree, as
"BOTH"
parties are obligated, and "NEITHER" can change the agreement with
constituting a "BREAK" in the agreement - which usually makes the
"BREAKING"
party liable for criminal and/or punitive damages.

--
Star Fleet Admiral Q @ your service!
"Google is your Friend!"
www.google.com

***********************************************

No, they didn't break the EULA, they broke a means to violate it.

--
Colin Barnhorst [MVP Windows - Virtual Machine]
(Reply to the group only unless otherwise requested)

Jupiter Jones [MVP] wrote:
Ron;
If you really want to change, a Repair Installation using the new CD
and key will do it:
http://www3.telus.net/dandemar/repaxp.htm

But since you can reinstall that OEM an unlimited # of times on that
computer, there is no reason to buy retail..

Yeh, right...and call to talk to a suspicious Indian named "Fred" every
time we reactivate and try to convince him we have legitimate licenses of
XP.

I somehow found the money to buy a Retail Upgrade. Now Microsoft can't
say I don't have a legitimate copy (unless they go and change THAT EULA on
me, like they did on my Full OEM copy.) My Full OEM EULA plainly states
that I can activate the OS EITHER via the Internet, OR over the phone. So
Microsoft broke the OEM EULA when they disabled activation via the
Internet.

--
Donald L McDaniel
Please reply to the original thread,
so that the thread may be kept intact.
==============================

 

[Colin Barnhorst]

Besides, the obligatory "terms are subject to change without notice" is
doubtless there.