Window XP OEM edition

[Din]

Hi everyone,
Could so tell me if this is ok. I have purchased a computer with all parts
choosen separately and assembled by me with an OEM window xp disk for the
operating system. I'm already registered the winxp and use the comp for
approx 10 months mainly for home entertainment. The proplem is, I'm not happy
with the motherboard as it has limited options for expansions. I have found a
good motherboard for upgrade but not so sure if I can use the OEM window xp
to reinstall the operating system or I have to buy a new one??? I remember
that I've read some comp magazines somewhere that say something that this
can't be done, that Winxp must stay with that motherboard. Could someone pls
confirm this for me or point me to directions that may help with this????
Also is that the difference between OEM and retail version of Winxp??? Many
thanks for your help.
Din

 

[DL]

Win OEM lives and dies with the origonal hardware (mobo)
You can try replaceing the mobo, then perform a repair installation of win
to install the new mobo drivers, then when activation fails, use the phone
activation and stating the mobo failed, and hope that they provide you with
a new key

 

[smlunatick]

Hi everyone,
Could so tell me if this is ok. I have purchased a computer with all parts
choosen separately and assembled by me with an OEM window xp disk for the
operating system. I'm already registered the winxp and use the comp for
approx 10 months mainly for home entertainment. The proplem is, I'm not happy
with the motherboard as it has limited options for expansions. I have found a
good motherboard for upgrade but not so sure if I can use the OEM window xp
to reinstall the operating system or I have to buy a new one??? I remember
that I've read some comp magazines somewhere that say something that this
can't be done, that Winxp must stay with that motherboard. Could someone pls
confirm this for me or point me to directions that may help with this????
Also is that the difference between OEM and retail version of Winxp??? Many
thanks for your help.
Din

Officially, since you have purchased the parts for a PC and assembled
it yourself, you are the OEM manufacturer. However, since the OEM
software has been installed, activated and used, then Microsoft's End-
User License Agreement (EULA) clearly states that OEM version of the
software is tied to the first PC it was installed on. Unfortunately,
the definition of what is a PC is "grey" and most everyone tend to
"assume" that the motherboard is the PC. You will have problems re-
activating XP when you have installed the replacement motherboard.
You will need to telephone the Activation phone number because OEM
versions can only be activated ONCE over the Internet.

 

[db]

perhaps, this can provide
further enlightenment:

http://tinyurl.com/2497vl


--

db·´¯`·...¸><)))º>
DatabaseBen, Retired Professional
- Systems Analyst
- Database Developer
- Accountancy
- Veteran of the Armed Forces
- Microsoft Partner
- @hotmail.com
~~~~~~~~~~"share the nirvana" - dbZen

 

[Daave]

Hi everyone,
Could so tell me if this is ok. I have purchased a computer with all
parts choosen separately and assembled by me with an OEM window xp
disk for the operating system. I'm already registered the winxp and
use the comp for approx 10 months mainly for home entertainment. The
proplem is, I'm not happy with the motherboard as it has limited
options for expansions. I have found a good motherboard for upgrade
but not so sure if I can use the OEM window xp to reinstall the
operating system or I have to buy a new one??? I remember that I've
read some comp magazines somewhere that say something that this can't
be done, that Winxp must stay with that motherboard. Could someone
pls confirm this for me or point me to directions that may help with
this???? Also is that the difference between OEM and retail version
of Winxp??? Many thanks for your help.
Din

An OEM version of XP must stay with the computer. The system builder
gets to define what the computer is. If you believe that your PC is
still your PC (albeit an altered one), then you are honoring the EULA.
If it has been over 120 days since your XP was activated, automatic
activation over the Internet should occur. In the event it doesn't, all
you need to do is make a five-minute phone call. The bottom line is that
it is not necessary to purchase another XP license/CD.

The difference is the license. A Retail version may be transferred to
another PC. Also, Retail versions come with limited support from
Microsoft.

 

[Mark Adams]

There is no difference in the function of the operating system. The End User
License Agreement ties the OEM version to the first computer it is installed
to. The retail versions can be moved from computer to computer, as long as
they are only installed on one computer at a time. Microsoft provides
instructions for replacing a mainboard, but is a little vague about who
decides what constitutes a new computer. See this article:
http://support.microsoft.com/kb/824125
The "More Information" section near the bottom implies that the builder gets
to decide when the machine is a different machine. Since you built it, you
decide.

Officially, since you have purchased the parts for a PC and assembled
it yourself, you are the OEM manufacturer. However, since the OEM
software has been installed, activated and used, then Microsoft's End-
User License Agreement (EULA) clearly states that OEM version of the
software is tied to the first PC it was installed on. Unfortunately,
the definition of what is a PC is "grey" and most everyone tend to
"assume" that the motherboard is the PC. You will have problems re-
activating XP when you have installed the replacement motherboard.
You will need to telephone the Activation phone number because OEM
versions can only be activated ONCE over the Internet.

This is baloney. You can activate OEM installs as many times as you want. If
it's been more than 120 days since you last activated, it'll activate just
fine in spite of ANY hardware changes you made. If it's been less than 120
days since the last activation, you'll have to make a telephone call to
Microsoft, but they WILL activate it.

 

[Ken Blake, MVP]

Officially, since you have purchased the parts for a PC and assembled
it yourself, you are the OEM manufacturer. However, since the OEM
software has been installed, activated and used, then Microsoft's End-
User License Agreement (EULA) clearly states that OEM version of the
software is tied to the first PC it was installed on. Unfortunately,
the definition of what is a PC is "grey" and most everyone tend to
"assume" that the motherboard is the PC.

If that's what "most everyone ... assumes," they are wrong. It is
clearly *not* the motherboard.

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. 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.

 

[nomore]

The Indians who have American jobs courtesy of Microsoft will usually give a
new activation key over the phone.
It is in Microsoft's best interest to do so in order that computers are
updated with security fixes to try to minimize the effect of malware on
internet connected computers.
The activation scheme Microsoft uses can trigger problems when a video card
is replaced or a CPU is upgraded: even their definition of OEM does not
encompass those restrictions.

 

[Bruce Chambers]

Hi everyone,
Could so tell me if this is ok. I have purchased a computer with all parts
choosen separately and assembled by me with an OEM window xp disk for the
operating system. I'm already registered the winxp and use the comp for
approx 10 months mainly for home entertainment. The proplem is, I'm not happy
with the motherboard as it has limited options for expansions. I have found a
good motherboard for upgrade but not so sure if I can use the OEM window xp
to reinstall the operating system or I have to buy a new one??? I remember
that I've read some comp magazines somewhere that say something that this
can't be done, that Winxp must stay with that motherboard. Could someone pls
confirm this for me or point me to directions that may help with this????
Also is that the difference between OEM and retail version of Winxp??? Many
thanks for your help.
Din

Some people mistakenly believe that the motherboard is the key
component that defines the "original computer," but the OEM EULA itself
does not make any such distinction. Others have said (tongue in cheek)
that one could successfully argue that it's the PC's case that is the
deciding component, as that is where one is instructed to affix the OEM
CoA label w/Product Key. Again, the EULA does *not* specifically define
any single component as the computer. Licensed Microsoft Systems
Builders, who are allowed to distribute OEM licenses with computers they
build and sell, are _contractually_ obligated to "define" the computer
as the motherboard, but this limitation/definition can't be applied to
the end user until the EULA is re-written.

Microsoft has, to date, been very careful _not_ to *publicly*
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:


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

 

[Leroy]

"OEM licenses for XP are tied to the first computer onto which they are
installed and the license is not permitted to be moved on any other
computer. For the purposes of defining what a computer is, since a
computer is really just a collection of parts, Microsoft has established
that the motherboard is the base or "defining" component, and the OEM
license is permanently tied to the motherboard."

Ref:
http://social.microsoft.com/Forums/...p/thread/24be6886-b410-4d3b-aa07-2ca1651aedc9

 

[Daave]

Leroy, you are quoting from a forum post by someone called RickImAPC.
Your evidence is that one person in a forum stated that Microsoft has
defined what a computer is. That just doesn't hold water. If you want to
know what the EULA says, you need to read the EULA. Feel free to quote
from it. Also note that nowhere in the EULA does Microsoft refer to a
PC's motherboard as the "defining component."

Elsewhere I noted that there is a KB article where Microsoft states "An
upgrade or a replacement of the motherboard is considered to create a
new personal computer.":

http://support.microsoft.com/kb/824125/en-us

Perhaps this is what RickImAPC was referring to. But again, the EULA is
an agreement between the end user and Microsoft and that is the only
relevant legal document. The KB article is simply incorrect.

 

[Sunny]

"OEM licenses for XP are tied to the first computer onto which they are
installed and the license is not permitted to be moved on any other
computer. For the purposes of defining what a computer is, since a
computer is really just a collection of parts, Microsoft has established
that the motherboard is the base or "defining" component, and the OEM
license is permanently tied to the motherboard."

Ref:
http://social.microsoft.com/Forums/...p/thread/24be6886-b410-4d3b-aa07-2ca1651aedc9

<snip>

That sites answers are not definitative either, and are just someone's
"opinion";
e.g.
"One does not "lose their license" for XP if the motherboard becomes
defective and has to be replaced. If the computer owner chooses
to use, or because of availability is forced to use, a board that is not
a direct or identical replacement, there has to be a mechanism to
accommodate these circumstances, and that is why a telephonic
activation is authorized".

And then followed by :

"Note that if the computer owner decides to replace the motherboard
for performance reasons or to add features or new technology,
the defective exception is NOT applicable and a new license for
XP is required to be purchased."

The whole concept of OEM licences has more holes than Swiss cheese, and is
ignored by the vast majority of PC users Worldwide.

 

[Alias]

Win OEM lives and dies with the origonal hardware (mobo)
You can try replaceing the mobo, then perform a repair installation of win
to install the new mobo drivers, then when activation fails, use the phone
activation and stating the mobo failed, and hope that they provide you with
a new key

Liar. Read the generic OEM EULA and if you find the word "motherboard",
I'll give you a grand. The OP will not have to phone in because it's
been over 120 days and, if he did, no information about *any* hardware
is required.

Alias

 

[DG]

Hi everyone,
Could so tell me if this is ok. I have purchased a computer with all
parts choosen separately and assembled by me with an OEM window xp
disk for the operating system. I'm already registered the winxp and
use the comp for approx 10 months mainly for home entertainment. The
proplem is, I'm not happy with the motherboard as it has limited
options for expansions. I have found a good motherboard for upgrade
but not so sure if I can use the OEM window xp to reinstall the
operating system or I have to buy a new one??? I remember that I've
read some comp magazines somewhere that say something that this can't
be done, that Winxp must stay with that motherboard. Could someone pls
confirm this for me or point me to directions that may help with
this???? Also is that the difference between OEM and retail version of
Winxp??? Many thanks for your help.
Din

Just do it, it will work and will activate over the internet (10 month
since last install).

Enjoy and don't worry.

You don't have to register XP, only activate it (it's not the same thing).

 

[Pedro]

Could so tell me if this is ok. I have purchased a computer with all parts
choosen separately and assembled by me with an OEM window xp disk for the
operating system. I'm already registered the winxp and use the comp for
approx 10 months mainly for home entertainment. The proplem is, I'm not
happy
with the motherboard as it has limited options for expansions. I have
found a
good motherboard for upgrade but not so sure if I can use the OEM window
xp
to reinstall the operating system or I have to buy a new one??? I remember
that I've read some comp magazines somewhere that say something that this
can't be done, that Winxp must stay with that motherboard. Could someone
pls
confirm this for me or point me to directions that may help with this????
Also is that the difference between OEM and retail version of Winxp???
Many
thanks for your help.

The confusion arises because some major OEMs (eg Dell etc) have the OEM key
tied to the BIOS of the motherboard. Thus that OS CD & key cannot be used
with a different mobo. Generic OEMs such as your situation don't.

Thus install and activate as normal - no probs. Change mobo - reinstall &
activate with no probs. If within the 120 days, you may have to ring;
otherwise internet activation proceeds glitchlessly.

Pedro

 

[Ken Blake, MVP]

"OEM licenses for XP are tied to the first computer onto which they are
installed and the license is not permitted to be moved on any other
computer. For the purposes of defining what a computer is, since a
computer is really just a collection of parts, Microsoft has established
that the motherboard is the base or "defining" component, and the OEM
license is permanently tied to the motherboard."

Ref:
http://social.microsoft.com/Forums/...p/thread/24be6886-b410-4d3b-aa07-2ca1651aedc9

Sorry, what you say here is *not* correct. What you quote is not a
statement by Microsoft, but a statement by a single Microsoft
employee.

In fact, Microsoft has stated exactly the opposite. As I posted in
another message in this thread 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. 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.

 

[Daave]

Sorry, what you say here is *not* correct. What you quote is not a
statement by Microsoft, but a statement by a single Microsoft
employee.

In fact, Microsoft has stated exactly the opposite. As I posted in
another message in this thread 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. 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.

Actually, Ken, in this KB article:

http://support.microsoft.com/kb/824125/en-us

Microsoft *does* seem to have a different standard for XP (and 2000 and
Server 2003):

<quote>
Users who run a Microsoft Original Equipment Manufacturer (OEM)
operating system may upgrade or replace most of the hardware components
on the computer and still maintain the license for the original
Microsoft OEM operating system software provided by the OEM, with the
exception of an upgrade or a replacement of the motherboard. An upgrade
or a replacement of the motherboard is considered to create a new
personal computer. Therefore, Microsoft OEM operating system software
cannot be transferred from another computer.
</quote>

But as I pointed out in my post to Leroy, it _doesn't matter_ since the
EULA is the only relevant legal document, and the EULA does not specify
that changing a PC's motherboard (to one of a different make/model or to
one not of "the same manufacturer's replacement or equivalent") is
analogous to transferring XP to another PC. The EULA *is* the agreement,
not some after-the-fact KB article.

 

[Alias]

Actually, Ken, in this KB article:

http://support.microsoft.com/kb/824125/en-us

Microsoft *does* seem to have a different standard for XP (and 2000 and
Server 2003):

<quote>
Users who run a Microsoft Original Equipment Manufacturer (OEM)
operating system may upgrade or replace most of the hardware components
on the computer and still maintain the license for the original
Microsoft OEM operating system software provided by the OEM, with the
exception of an upgrade or a replacement of the motherboard. An upgrade
or a replacement of the motherboard is considered to create a new
personal computer. Therefore, Microsoft OEM operating system software
cannot be transferred from another computer.
</quote>

But as I pointed out in my post to Leroy, it _doesn't matter_ since the
EULA is the only relevant legal document, and the EULA does not specify
that changing a PC's motherboard (to one of a different make/model or to
one not of "the same manufacturer's replacement or equivalent") is
analogous to transferring XP to another PC. The EULA *is* the agreement,
not some after-the-fact KB article.

It's referring to OEM copies of XP provided by the likes of HP and Dell
that have recovery discs or partitions, not a generic OEM.

Alias

 

[Daave]

It's referring to OEM copies of XP provided by the likes of HP and
Dell that have recovery discs or partitions, not a generic OEM.

In practice, that seems to be the case since the OEM (the PC
manufacturer or "system builder") is the entity that determines what a
new computer is. But the explicit language on this page does not denote
this.

Again, it doesn't matter. This KB article simply has erroneous
information since the EULA is the only relevant legal document, and the
EULA does not state that changing a motherboard in effect creates a new
PC (which would require a new license).

 

[Ken Blake, MVP]

Actually, Ken, in this KB article:

http://support.microsoft.com/kb/824125/en-us

Microsoft *does* seem to have a different standard for XP (and 2000 and
Server 2003):

<quote>
Users who run a Microsoft Original Equipment Manufacturer (OEM)
operating system may upgrade or replace most of the hardware components
on the computer and still maintain the license for the original
Microsoft OEM operating system software provided by the OEM, with the
exception of an upgrade or a replacement of the motherboard. An upgrade
or a replacement of the motherboard is considered to create a new
personal computer. Therefore, Microsoft OEM operating system software
cannot be transferred from another computer.
</quote>

Interesting, thanks. I hadn't seen that. I see no reason why there
should be a difference between the rule for one operating system and
another, and I suspect that the difference between these two Microsoft
pages is that the one you quote is older than one I did. Also, they
were almost certainly written by two different people, each with a
different idea.

But as I pointed out in my post to Leroy, it _doesn't matter_ since the
EULA is the only relevant legal document, and the EULA does not specify
that changing a PC's motherboard (to one of a different make/model or to
one not of "the same manufacturer's replacement or equivalent") is
analogous to transferring XP to another PC. The EULA *is* the agreement,
not some after-the-fact KB article.

That is exactly right, and I said much the same thing here many times
before the article I quoted appeared.

By the way, in the article you quote, one of the last paragraphs says

"Understanding that end-users, over time, upgrade their computers with
different components, Microsoft views the CPU as the one remaining
base component that still defines that original computer. Because the
motherboard contains the CPU, when the motherboard is replaced for
reasons other than defect, a new computer is essentially created.
Therefore, the original OEM cannot be expected to support this new
computer that they did not manufacture."

That says that changing the motherboard means that the OEM will very
likely no longer support the computer and *that* is why they consider
it a new computer. However, it also implies that it's the OEM, not
Microsoft, who decides whether it's a new computer, and if the
particular OEM will support it after the motherboard change, it is not
a new computer.

So, even in Microsoft's view, a computer that you build yourself and
install a store-bought OEM copy of Windows on it *can* be considered
the same computer even after a motherboard change, if the OEM (in this
case, you) wants it to be.