Upgrading an OEM Computer

[Rich]

Since an OEM Version of Windows is married to the computer, how far can one
go to 'upgrade'? I would like to change out the motherboard and CPU for a
faster one. I assume the hard drive would have to stay? Are there any detail
MS guidelines on upgrading a computer with an OEM OS?

 

[Andre Da Costa[ActiveWin]]

An OEM license is a full version of Windows which grants you upgrade rights
to retail upgrade licenses. The thing is the license for OEM Windows is tied
to the machine it comes on which means changing things like the motherboard
means you will probably have to get a full retail license since you will not
be able to reinstall the OEM license on a generic motherboard.

 

[Ken Blake, MVP]

Since an OEM Version of Windows is married to the computer, how far can one
go to 'upgrade'? I would like to change out the motherboard and CPU for a
faster one. I assume the hard drive would have to stay?

No, why do you assume that?

Are there any detail
MS guidelines on upgrading a computer with an OEM OS?

No. The problem is that the Microsoft OEM EULA does not precisely
define exactly what constitutes the "computer." Some people claim that
the motherboard constitutes the computer. However logical that might
seem, the EULA does not state that, and the EULA is the document that
defines the rights of both parties to the agreement.

Some of those people point to a web site for System Builders, where
Microsoft defines the computer as the motherboard. However it's not
what it says on some web site that defines the customer's rights, it's
the EULA; besides, that web site is not even available to the general
public. I'm not a lawyer, but my guess is that if it ever came to a
court case and someone cited that web site, he'd be laughed out of
court.

So, can you replace a motherboard, consider the result the same
computer, and reuse your OEM copy of Windows? Regardless of what I
think, you think, or anyone else thinks, or even what a court might
rule if it came to that, the real issue is whether Microsoft will
permit you to reactivate if you do. Unfortunately the answer is again
not clear-cut, and we have heard in the newsgroups from people who
have had both experiences--some were reactivated and others were not.
If they refuse to reactivate you and you take them to court, you might
win, but who of us would be willing to undergo that trouble and
expense to find out?

So the answer regarding changing the motherboard, with an OEM version,
is that there is no real answer.

Over and above all the above, you should also be aware that many OEM
builders these days BIOS-lock their copies of Windows to the
motherboard. If yours is of that type (rather than a store-bought
generic OEM copy), regardless of the licensing question, unless your
replacement motherboard is identical to the old one, it just won't
work.

 

[Rich]

Thanks for the reply. It would probably do me best to build the next computer
with a Retail full version--then I can perpetually upgrade without concern.

 

[DP]

The conventional wisdom is just the opposite: You can change the HDD without
a problem, but changing the motherboard will be.

However, some folks seem to think that MS is being overly tolerant as a PR
move and is allowing even the change-out of a motherboard. You have to do
phone activation and talk to a real person, but you might be able to make
the switch.

 

[Mick Murphy]

You may as well continue with the project that you are doing now.

With the hardware change you are making you have to reinstall, and
reactivate, anyway.
You will have to take the phone reactivation options, and hang on for a real
person!

You could get around things by saying that you replaced with an equivalent
one, not a more powerful one.

Even with a full retail copy, you will have the same reinstall and
reactivation hassles when you upgrade that hardware!

 

[xfile]

Hi,

Please pay special attention to the following: Microsoft never defined what
constitutes a system.

Anything you heard about the OEM license is tied to a motherboard or CPU or
HDD or anything else, are assumptions made by people.

The BIOS-lock restriction is for systems purchased from vendors, such as
Dell, HP, and so on, and it will not apply to the retail version of OEM OS.

If you need a definite answer, please contact a local MS subsidiary. But
most likely, you can continue what you are doing now with no more than an
activation request. You are changing components, and that is what you are
doing.

And if you must purchase a retail copy, you could purchase a retail UPGRADE
version if you have any of the following OS not in use:

http://www.microsoft.com/windows/products/windowsvista/buyorupgrade/upgradepaths.mspx

You could also use the upgrade version for a clean install, but that's
another story.

Hope this helps and good luck.

 

[Not Me]

I have found that you can find a "tattoo" for just about any motherboard to
make the OEM restore disk reinstall the OS.
Sometimes you can manually edit the BIOS to make the machine think it is an
original OEM, sometimes it requires a BIOS flash.
I have replaced motherboards (under warranty) in HP systems that required
the 'tattoo' to identify the board as HP rather than the generic board it
really was.
It was as simple as booting from the CD and running the utility to write a
12k file to the BIOS.
Their new system requires the motherboard to be tattooed by the vendor
before shipping, but I have seen the tatoos available for download from
several sites.
But once the board is marked, the OEM restore disks work fine.
The easy way is to reactivate by phone and tell them whatever you have to to
get activated.

 

[Ken Blake, MVP]

Thanks for the reply.

You're welcome. Glad to help.

It would probably do me best to build the next computer
with a Retail full version--then I can perpetually upgrade without concern.

Yes, but you can do that with an Upgrade version too. For most people,
I think the Upgrade version provides the best balance between features
and price.

 

[The poster formerly known as 'The Poster Formerly]

An OEM license is a full version of Windows which grants you upgrade rights
to retail upgrade licenses. The thing is the license for OEM Windows is tied
to the machine it comes on which means changing things like the motherboard
means you will probably have to get a full retail license since you will not
be able to reinstall the OEM license on a generic motherboard.

It does not specify the motherboard = computer on any OEM EULA for
Vista, so that is incorrect.

Rich, upgrade as much as you want, and follow the instructions below to
reactivate:

When you call for activation, being an educated consumer is beneficial.
Quoted from the MS website:

http://www.microsoft.com/piracy/activation_facts.mspx

"Mandatory Product Activation Data

* The Installation ID is unique to each product and comprises two
components:

1. Product ID. Unique to the product key used during installation
2. Hardware hash. Non-unique representation of the PC

* The country in which the product is being installed (for Office
XP and Office XP family products only)"

You are never required to provide any other info in order to get
activated. The agent is required to activate you immediately if you
phone in and provide only the product ID, hardware hash, and
occasionally the country in which the product(s) is being installed! It
is none of their business if you made hardware changes, why you are
reinstalling, etc and you do not need to answer questions like that. If
they give you a hard time, politely remind them of this policy posted on
their company's website. If still they persist, request politely to
speak to a supervisor and escalate the issue until they give YOU the
paying customer the treatment you deserve!


--
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Submit your nomination at the link below:
http://protectfreedom.tripod.com/kick.html

"Fair use is not merely a nice concept--it is a federal law based on
free speech rights under the First Amendment and is a cornerstone of the
creativity and innovation that is a hallmark of this country. Consumer
rights in the digital age are not frivolous."
- Maura Corbett

 

[Rich]

I found this at:
http://www.microsoft.com/windows/products/windowsvista/buyorupgrade/activationfaq.mspx

Quote:
"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."

 

[Ken Blake, MVP]

I found this at:
http://www.microsoft.com/windows/products/windowsvista/buyorupgrade/activationfaq.mspx

Quote:
"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."

Great! Thank you for posting this. This says then, that replacing the
motherboard does *not* constitute putting Windows on a new computer,
and that reactivation of it *is* permitted.

The EULA only says you can't put it on a different computer, but does
not specify what constitutes a different computer. This then makes it
clear that you *can* indeed change the motherboard, and I for one, am
glad to see that, and am also glad to see that Microsoft has clarified
it.

 

[xfile]

Quote:

"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."

Thanks for sharing, but I don't know if BIOS-lock imposed by system vendors
(HP, Dell, and so on) will apply to the above scenario, or not.

I have no experience on the above scenario nor on BIOS-lock, so don't know
when or how will it work.

Thanks for sharing and good luck.

 

[Tim Slattery]

Great! Thank you for posting this. This says then, that replacing the
motherboard does *not* constitute putting Windows on a new computer,
and that reactivation of it *is* permitted.

If you have an OEM system that came with your computer, it's very
likely locked to the BIOS of the original motherboard. If you buy a
new motherboard from another manufacturer, you will probably have to
buy another copy of Vista.

If this case, the license is handled by the OEM, and they aren't
likely to unlock their OEM system for another manufacturer's
motherboard.

 

[Ken Blake, MVP]

If you have an OEM system that came with your computer, it's very
likely locked to the BIOS of the original motherboard.

Yes, that is often the case. But there are also generic OEM copies
(and some brand-name OEM versions, too) where BIOS-locking is not an
issue, and it has long been questioned whether the motherboard can be
replaced without violating the EULA. This Microsoft statement
clarifies that replacing the motherboard does *not* violate the EILA.

 

[xfile]

Hi,

My two cents,

This Microsoft statement
clarifies that replacing the motherboard does *not* violate the EILA.

After giving it some thoughts a few days ago, I actually think Microsoft has
defined the clause very well, and it was people like myself who focused on
the wrong part/word of the clause.

Contrary to the popular belief, the key word may not be - system, and could
be a much simpler word - to, as used in "...move to another system". It
defines the "relationship" between the OS and the system, and in simple
words, where does the OS come from? Therefore, there is no need for
Microsoft to define what constitutes a system as it is not something that it
would care.

In all cases of changing/upgrading components, it will not change the
relationship between OS and the system, and it is parts of the system that
have been modified, and thus in my humble opinion, should not violate the
license in any way.

WGA may require a user to reactivate because it thought the OS has been
moved "to" a new system (due to components change), but reactivation is for
confirmation that it is not the case. I don't know if anyone has been
denied due to component changes, and it should not happen.

On the other hand, move a HDD in which the OS is installed to another system
will violate the EULA, and attempt to install on another system will also
violate the EULA.

Again, IMHO, the keyword may not be "system", but I am not a lawyer, and
that's my new perspective for sharing.

 

[Not Me]

I have always bought my OEM software with a computer case as the 'major
component' (that used to be required for an OEM purchase).
As far as I am concerned, anything I put in the case is the same
computer/system. I don't care if it is 10 different hard drives,
motherboards, etc.
I am still using a couple case's I have had for 10 years or more, and the
OEM license for W95, NT or W3.1 is still valid IMHO.
So even with all new components inside, the upgrade licenses are still
valid.

Hi,

My two cents,

This Microsoft statement
clarifies that replacing the motherboard does *not* violate the EILA.

After giving it some thoughts a few days ago, I actually think Microsoft
has defined the clause very well, and it was people like myself who
focused on the wrong part/word of the clause.

Contrary to the popular belief, the key word may not be - system, and
could be a much simpler word - to, as used in "...move to another system".
It defines the "relationship" between the OS and the system, and in simple
words, where does the OS come from? Therefore, there is no need for
Microsoft to define what constitutes a system as it is not something that
it would care.

In all cases of changing/upgrading components, it will not change the
relationship between OS and the system, and it is parts of the system that
have been modified, and thus in my humble opinion, should not violate the
license in any way.

WGA may require a user to reactivate because it thought the OS has been
moved "to" a new system (due to components change), but reactivation is
for confirmation that it is not the case. I don't know if anyone has been
denied due to component changes, and it should not happen.

On the other hand, move a HDD in which the OS is installed to another
system will violate the EULA, and attempt to install on another system
will also violate the EULA.

Again, IMHO, the keyword may not be "system", but I am not a lawyer, and
that's my new perspective for sharing.

 

[xfile]

Hi,

I am not a license expert nor do I wish to pretend to be one and I haven't
done DIY for many years (but seem to remember it used to require one), but I
tend to agree with you as long as the relationship has not been broken by
changing/adding/removing components. But don't quote me.

In my view, the ambiguity in this particular case as well as for the retail
license using "device" are done purposely based on the goodwill, but that's
my view, of course.

However, WPA to me is a total evil which destroyed all the goodwill.

My two cents.

I have always bought my OEM software with a computer case as the 'major
component' (that used to be required for an OEM purchase).
As far as I am concerned, anything I put in the case is the same
computer/system. I don't care if it is 10 different hard drives,
motherboards, etc.
I am still using a couple case's I have had for 10 years or more, and the
OEM license for W95, NT or W3.1 is still valid IMHO.
So even with all new components inside, the upgrade licenses are still
valid.