Windows Vista OEM re-activation

[Brian W]

I bought a load of new kit (including motherboard, graphics card, more
memory and new CPU). Internet re-activation failed (as I thought it would),
so did automated phone activation. But 2 minutes later, I was fully
re-activated after speaking to a Microsoft rep.

So this was essentially a complete new PC, but my generic OEM key was
validated without question. I just said I'd made a hardware change, and that
Windows was only intalled on one PC (which is the case).

What the EULA says regarding OEM installs and what can actually be done are
two different things!

 

[Stephan Rose]

I bought a load of new kit (including motherboard, graphics card, more
memory and new CPU). Internet re-activation failed (as I thought it
would), so did automated phone activation. But 2 minutes later, I was
fully re-activated after speaking to a Microsoft rep.

So this was essentially a complete new PC, but my generic OEM key was
validated without question. I just said I'd made a hardware change, and
that Windows was only intalled on one PC (which is the case).

What the EULA says regarding OEM installs and what can actually be done
are two different things!

Yea I don't think that even Microsoft would want to deal with the
backlash they'd get if they'd actually enforce the complete
ridiculousness of their OEM EULA. Nobody in their right mind is about to
throw away their operating system and buy a new copy just because they
changed a piece of hardware.


--
Stephan
2003 Yamaha R6

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[David B.]

The OEM license agreement forbids what you did (depending on your definition
of a PC), but as you found out, reality is usually quite different. I have
never had an activation issue under those same circumstances.

 

[Jupiter Jones [MVP]]

It sounds like the OP did an upgrade, major and almost everything, but
still an upgrade.
And an upgrade is still the same computer and thus the same license is
still valid.

 

[Jupiter Jones [MVP]]

It sounds like an upgrade.
A major one but still essentially an upgrade.

 

[David B.]

As I said, it depends on what the license means by PC, IIRC it's not clearly
defined. Some of the MVP's say the motherboard is the qualifying part, some
say the entire PC, some say in between.

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It sounds like the OP did an upgrade, major and almost everything, but
still an upgrade.
And an upgrade is still the same computer and thus the same license is
still valid.

 

[Jupiter Jones [MVP]]

Nothing in the license agreement says motherboard although some make
reference to private sites not normally accessible to many users.

For practical purposes, many major OEMs have the Windows media tied to
the BIOS on the motherboard which tends to make the motherboard a
determining factor.
However that is a decision made by the OEM and does not apply to
generic OEM which can be installed on any brand computer.

By the OP description, the case and other hardware remains which
clearly leaves room for an upgrade.

However if the OP feels it is entirely a new computer then the OP must
also feel the license has been violated since the license was agreed
and hopefully read.

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

 

[David B.]

I am aware of all of that, I was just stating that it is a subject with much
debate over what defines a different PC, and it is not clearly spelled out
in the LA.

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[Brian W]

Nothing in the license agreement says motherboard although some make
reference to private sites not normally accessible to many users.

For practical purposes, many major OEMs have the Windows media tied to the
BIOS on the motherboard which tends to make the motherboard a determining
factor.
However that is a decision made by the OEM and does not apply to generic
OEM which can be installed on any brand computer.

By the OP description, the case and other hardware remains which clearly
leaves room for an upgrade.

I changed the case as well! All that's left of the original kit is the HDD I
installed Vista on originally (note this is not the hardware that came with
the licence, as the OEM disc was purchased legally without any hardware
under UK law).

As far as I'm concerned, I've simply upgraded several PC components in one
go (which isn't in violation of the EULA).

 

[Jupiter Jones [MVP]]

Then is sounds to me like an upgrade.

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


changed the case as well! All that's left of the original kit is the
HDD I

 

[Juarez]

It sounds like the OP did an upgrade, major and almost everything, but
still an upgrade.
And an upgrade is still the same computer and thus the same license is
still valid.

Nope, they changed the motherboard so according to Microsoft's EULA they
are required to buy a new copy of Vista if it is OEM and not Retail
version. Why else would I pay $50.00 more for retail if there is no
difference? Thing is, he said he upgraded hardware and neglected to mention
that included a motherboard upgrade so got away with it.

 

[Juarez]

Then is sounds to me like an upgrade.

OK, so if I buy all new computer parts except keep one of the old HDD's
then that is just an upgrade?

 

[norm]

Nope, they changed the motherboard so according to Microsoft's EULA they
are required to buy a new copy of Vista if it is OEM and not Retail
version. Why else would I pay $50.00 more for retail if there is no
difference? Thing is, he said he upgraded hardware and neglected to mention
that included a motherboard upgrade so got away with it.

The xp and vista eulas makes no mention of the motherboard.

 

[Jupiter Jones [MVP]]

What do you think?
Or do you want me to be your judge of exactly what constitutes an
upgrade for you?
Note: Such a judgment would apply only to you and not necessarily
anyone else.

 

[Jupiter Jones [MVP]]

Where in the EULA is "motherboard" mentioned?

"Why else would I pay..."
That is a decision each need to make.
A common one is the computer is stolen but Windows media and key are
left behind.
In that case, the Windows license is also stolen and should be
included in the insurance claim.
Some people want the Microsoft support which is nonexistent with OEM.
Some want freedom to move to any computer at will.
OEM is Clean Installation only while retail can Clean Install or
upgrade.
The list of reasons goes on...
OEM is right for some while retail is right for others.

 

[Bruce Chambers]

Nope, they changed the motherboard so according to Microsoft's EULA they
are required to buy a new copy of Vista if it is OEM and not Retail
version.

Not so. The EULA says no such thing.


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[Brian W]

OK, so if I buy all new computer parts except keep one of the old HDD's
then that is just an upgrade?

That's what I've done.

 

[Brian W]

Where in the EULA is "motherboard" mentioned?

Nowhere, I've read it all the way through. According to the EULA, the
'licenced device' is the partition (ie HDD) that Vista is installed on. I've
kept the disc I first installed on, everything else is an upgrade as far as
I'm concerned.

OEM is Clean Installation only while retail can Clean Install or upgrade.

OEM can do an upgrade install, I did one on a Windows XP recently.

 

[Brian W]

Nope, they changed the motherboard so according to Microsoft's EULA they
are required to buy a new copy of Vista if it is OEM and not Retail
version. Why else would I pay $50.00 more for retail if there is no
difference? Thing is, he said he upgraded hardware and neglected to
mention
that included a motherboard upgrade so got away with it.

All I told the phone operator when asked my reason for re-activation, I
simply said 'hardware change'. A motherboard upgrade is not specifically
excluded from the EULA anyway. Remember I'm talking about a generic,
unbranded OEM licence (ie not from Dell, HP etc).

In fact, I've re-activated twice more since last week, once on Sunday when I
realised my drives were connected the wrong way round (The Windows drive was
Disc 1 instead of Disc 0, so I switched the SATA connectors) This required
speaking to a phone operator. I also had to re-activate again yesterday when
I installed the Intel SATA driver (this time it activated over the
internet).

My OEM licence has now been activated six times in total (always only on one
PC at a time though).

 

[DevilsPGD]

In message <[email protected]> "Brian W"

Nowhere, I've read it all the way through. According to the EULA, the
'licenced device' is the partition (ie HDD) that Vista is installed on. I've
kept the disc I first installed on, everything else is an upgrade as far as
I'm concerned.

Then that would seem to prohibit hard drive upgrades, which are
definitely possible as well.

The license is intentionally ambiguous on this point, and has been
argued to death in this group in the past.