Howie said:
My computer is home built and it's over 5 years old.
I am having problems with it and want to do a major upgrade of
everything except the case, the dvd and cd rom drives.
I purchased Windows XP when I build this machine.
My question is this:
Can I use the Windows XP that I purchased and registered on this old
machine on the new build?
I should know the answer to this but am uncertain. I thought I heard
that if you radically change the computer or try to put XP on another
computer that you can not use you original XP that you bought.
If it's a retail version, yes, there's no problem. You can even move it to a
completely different machine, and as many times as you want to. The only
restriction is that it not be on two machines (or drives) simultaneously.
But if it's an OEM version, its license permanently ties it to the first
computer it's installed on. Moving it to another computer would be a
violation of that license.
The issue of OEM licenses and what constitutes the same computer is a can of
worms. The EULA doesn't specify what constitutes the same computer, and the
EULA is what you agree to. If I had my druthers, all licenses would be the
same, with the retail rules, and there wouldn't be such a thing as an OEM
license.
There are people here (and elsewhere) who claim that if you change the
motherboard, it's a different computer. Although that certainly sounds
logical, the OEM EULA does *not* say that. Some of these people will point
to a Microsoft site for System Builders (one that can't even be accessed by
the general public) that states that changing the motherboard makes it a
different computer. Again, the EULA, which is what you agree to, does *not*
state that, so as far as I'm concerned, what this site states is irrelevant.
My guess is that if it ever came before a court (which is highly unlikely)
and Microsoft ever pointed to that web site, they'd be laughed out of court.
The real issue in my mind is what happens if you change the motherboard and
have to reactivate an OEM version over the phone. If you talk to a Microsoft
representative and he defends the "motherboard defines the computer" point
of view and won't activate you, you're out of luck unless you want to take
Microsoft to court (which is probably highly unlikely).
My own view is that you might be able to successfully argue in court that,
silly as it may sound, the computer is defined by the case, since that's
where Microsoft requires that the product key sticker be affixed. You could
therefore change everything inside the case, and it would still be the same
computer.
However, don't rely on that last paragraph unless you're willing to go to
court over it. I wouldn't be.
