too many hardware changes negating reactivation of vista???

[Mark]

I built my current system with an OEM version (not an upgrade) of Vista Home Premium. What I am now doing is upgrading this system. a new mother board and processor as well as a larger hard drive. I had figured that I could reactivate Vista, via phone for the new HD, but hadn't taken in to account the new mobo and processor. Now I'm thinking that with all the changes I'm making, I'm not going to be able to reactivate after all! It's all going into the same box, just a bit niftier is all. So tell me. AM I SCREWED? Am I going to have to buy yet another retail copy of Vista? I think I know the answer, but I'd appreciate one of you savvy sorts out there to break the news. but please, you'll be gentle, non? Many thanks, (regardless the news...)

Molto grazie, Mark

 

[Jupiter Jones [MVP]]

Mark;
As long as your Windows Vista OEM is generic and not from a major OEM
such as Dell HP, Gateway etc, you will be fine.
What you describe is an upgrade, and that you can do.

--
Jupiter Jones [MVP]
http://www3.telus.net/dandemar
http://www.dts-l.org


I built my current system with an OEM version (not an upgrade) of
Vista Home Premium. What I am now doing is upgrading this system. a
new mother board and processor as well as a larger hard drive. I had
figured that I could reactivate Vista, via phone for the new HD, but
hadn't taken in to account the new mobo and processor. Now I'm
thinking that with all the changes I'm making, I'm not going to be
able to reactivate after all! It's all going into the same box, just a
bit niftier is all. So tell me. AM I SCREWED? Am I going to have to
buy yet another retail copy of Vista? I think I know the answer, but
I'd appreciate one of you savvy sorts out there to break the news. but
please, you'll be gentle, non? Many thanks, (regardless the news...)

Molto grazie, Mark

 

[Paul Randall]

The eula doesn't allow it but...
Since you have come this far, why not get the system up and running and work the bugs out of it, and not activate until close to 30 days after installation. Who knows, you may have problems with your new hardware and have to install multiple times. Why go through the activation process needlesly? Then when you try to activate and it fails due to already having been activated, call the activation number, go through the automated system and when that fails, stay on the line and giving the fewest details possible, ask that they help you get it activated. It is pretty clear to me that your old microprocessor failed. Failed how? To meet your speed expectations when running Vista. So you had to replace it. Seems like they should buy that kind of logic.

-Paul Randall
I built my current system with an OEM version (not an upgrade) of Vista Home Premium. What I am now doing is upgrading this system. a new mother board and processor as well as a larger hard drive. I had figured that I could reactivate Vista, via phone for the new HD, but hadn't taken in to account the new mobo and processor. Now I'm thinking that with all the changes I'm making, I'm not going to be able to reactivate after all! It's all going into the same box, just a bit niftier is all. So tell me. AM I SCREWED? Am I going to have to buy yet another retail copy of Vista? I think I know the answer, but I'd appreciate one of you savvy sorts out there to break the news. but please, you'll be gentle, non? Many thanks, (regardless the news...)

Molto grazie, Mark

 

[JW]

Jupiter, I totally disagree with you.
The OEM version of Vista is designed to work only on the first MOBO it is
installed on which is why it costs less then the full retail version with
which you can change any or all components including the MOBO.
Think of it just like a new system you obtain from an OEM supplier of
systems whose system license is not to you but to the MOBO it was shipped
with and whose product key is on a sticker on the case of the system.

 

[Jupiter Jones [MVP]]

There is nothing in the license that supports what you say.
The word "motherboard" is not even in the license.

A replacement motherboard is not the same as a new computer.

 

[rtk]

The suggestion has been widely reported that OEM is in fact tied to the
motherboard, for example
http://arstechnica.com/news.ars/post/20070130-8730.html. Apparently you're
only allowed to change mainboards in the case of fault or failure.

Of course, that leaves only the moral dilemma of what constitutes "failure".
;-)

rtk

 

[JW]

The license is tied to the first system you installed your OEM copy on. And
of the different items that activation keeps track of when you need to
reactivate the system the MOBO data is the what MS
uses to identify the system. Just like with the OEM built systems you get
from the major vendors that have the product key on a sticker on the
cabinet.. you are allowed to replace/upgrade other items such as HDDs,
Network cards, memory, graphics card, etc.

 

[Bruce Chambers]

Jupiter, I totally disagree with you.
The OEM version of Vista is designed to work only on the first MOBO it
is installed on .....

You're misunderstanding something. Yes, it is Microsoft's official
position, when talking to its Licensed Systems Builders (those who can
install and sell OEM licenses on systems they build), that the
motherboard is the computer. Licensed Systems Builders are
_contractually_ obligated to treat a new motherboard (one not installed
to replace a defective unit, that is) as a new computer.

However, this limitation/definition can't be applied to the end user
(the home consumer, for instance) until the EULA is re-written. The OEM
End User License Agreement (EULA), which is the only agreement there is
between the user and the vendor and/or Microsoft, and the only agreement
to which the end-user agrees to be bound, most definitely does *not*
specify any single component as the "computer." The only time the
"first motherboard" limitation could possibily apply to an end user
would be if said end user were to have made the mistake of purchasing a
"One-pack" System Builder's License, which some vendors, such as NewEgg,
pass off as OEM licenses.

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.

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:



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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

 

[Mark]

In researching this dilemma, I've come to the understanding that I still don't
understand! *I* am the OEM and *I* am doing some hardware upgrades. I am not
building a new system from the box up; I'm simply updating a 3 year old
mother board with a dual core processor to take full advantage of an
operating system that thrives with additional computing power. I want to
collect upon the full benefits of what I paid for, this being Vista. Yes, I
bought the OEM version from Newegg; and knew full well that it couldn't (and
wouldn't) be transferred to another system. I don't see my upgrades as being
a new system, however, from what I've been reading, Microsoft sees
otherwise. I can just imagine the phone conversation I'm going to have in
trying to activate after replacing the mobo, and I have to ask myself: Am I
going to be wasting my time. should I just purchase yet another copy of
Vista, while the earlier copy becomes an expensive coaster? I suppose I
could feign a mobo failure, but that doesn't sit well with me, and from what
I've read, may not make any difference in the eyes of Microsoft and this (in
my opinion) somewhat ill defined OEM license. In retrospect, I wouldn't be
having this problem had I bought the Retail version of Vista. <shrug>
What do you think. do I have a leg to stand on. is it worth a fight? Or
should I swallow my pride and begrudgingly purchase another copy of Vista?
Grazie, Mark

 

[Jupiter Jones [MVP]]

Mark;
"I don't see my upgrades as being a new system"
It is not a new system, it is an upgrade.

"I can just imagine the phone conversation"
You may be imagining to much.
Do not lie, there is no need but do not volunteer any information
other than what is required.
Make it clear you upgraded.
If you start naming components replaced, the tech with minimal
training may misunderstand your intention and thus deny activation
simply because the non essential information given was misunderstood.

"should I just purchase yet another copy"
No, there is no need.

"is it worth a fight"
There is no fight.
Upgrade the computer, activate, calling if necessary, be truthful
without volunteering to much information and you will be activated
without wasting resources on an unneeded license.

 

[Jupiter Jones [MVP]]

While that reference is interesting and has some truth, it is not
Microsoft.

How about this statement in the article:
"OEM software is also tied to the motherboard"
It is noteworthy the author lacks ANY authoritative links to Microsoft
and does not include links to any source of any kind.
That makes the article an opinion, nothing more.
Without anything to back it up, it is a very weak opinion.

Read the license accompanying OEM Windows and you will not see any
kind of reference to the motherboard.

As for "fault or failure", find those words or similar in the license,
you will not.
Replacing a motherboard can easily be an upgrade or repair neither of
which is considered a new computer.

This whole motherboard as the computer came about largely because some
larger OEMs tie the install media to the motherboard BIOS.
For those it is difficult to impossible to install using a motherboard
from a different manufacturer.
But that in itself does not define the license particularly for
generic OM Windows which this thread refers.

 

[Jupiter Jones [MVP]]

"The license is tied to the first system you installed"
True, regardless the condition of that system.

"the MOBO data is the what MS uses to identify the system"
Other items as well, not just the motherboard.
If you use that to prove the motherboard can not be replaced, you must
also conclude similarly for other components such as video card.

"Just like with the OEM built systems you get from the major vendors"
Nothing in their licenses prohibit the user replacing the motherboard.
Do not confuse the BIOS lock on the media with that meaning the
motherboard can not be replaced.
There is nothing in the users license saying anything about the
motherboard.

A motherboard replacement is not the same as a different computer and
so there is nothing wrong with such an upgrade/replacement from a
licensing point of view.

Read the license for more details.
Otherwise contact a lawyer specializing in software licensing for more
specific details.

--
Jupiter Jones [MVP]
http://www3.telus.net/dandemar
http://www.dts-l.org

 

[Mark]

Signore Jones;
Thank you for your sage advice! We'll see what happens.
Molto grazie!
Mark

 

[Paul Randall]

I think your research has shown that you will have to reactivate by phone
and will have to stay on the line and talk to a live person. I doubt that
anyone in this newsgroup has read the list of rules or guidelines that this
live person is supposed to follow, and we can't know how closely any of
these live people follow those rules, so we can't give you a definitive
answer. I think that if you tell them you changed out everything except the
computer case, they probably won't reactivate it for you, but if you say you
were unhappy with the speed of the old microprocessor and installed a new
one, then they will likely reactivate it.

-Paul Randall

 

[JW]

Bruce,
AFAIK from the OP's original post what he is trying to do is exactly what
you referred to in the following quote from your above post.
"
The only time the
"first motherboard" limitation could possibly apply to an end user
would be if said end user were to have made the mistake of purchasing a
"One-pack" System Builder's License, which some vendors, such as NewEgg,
pass off as OEM licenses.
"

 

[JRB Associates]

Jupiter,

JW is correct. The following is quoted directly from Microsoft. This is
publically available information. It is easily found on microsoft.com:

***
"Generally, you may upgrade or replace all of the hardware components on
your
computer and maintain the license for the original Microsoft OEM operating
system software, with the exception of an upgrade or replacement of the
motherboard. An upgrade of the motherboard is considered to result in a "new
personal computer." Microsoft OEM operating system software cannot be
transferred from one computer to another. Therefore, if the motherboard is
upgraded or replaced for reasons other than a defect then a new computer has
been created, the original license expires, and a new full operating system
license (not upgrade) is required. This is true even if the computer is
covered
under Software Assurance or other Volume License programs."
***

John Baker

 

[Jupiter Jones [MVP]]

John;
"It is easily found on microsoft.com"
Exactly where?
The document I found is at least a few years old:
http://download.microsoft.com/download/4/e/3/4e3eace0-4c6d-4123-9d0c-c80436181742/OSLicQA.doc
And says:
"Please Note: This Q&A is provided solely for informational purposes.
Your use of Microsoft Software Products is governed by the terms and
conditions of your licensing agreement."
"informational" is a key word.
Which gets back to the license which says nothing about the
motherboard.

I doubt you could get a totally unassociated older document as being
included as part of a license especially when there is no reference in
the license.

People upgrade motherboards regularly and have their OEM licenses
activated so that document seems irrelevant, at least to the
activation technicians.