XP Pro OEM license

  • Thread starter Thread starter WWII
  • Start date Start date
W

WWII

I've got a home built system running with an OEM version of XP Pro. The
system is old and I would like to upgrade it - new MB and CPU. Can I do
this with an OEM XP system? When I called Microsoft they said you cannot
change an OEM system at all, yet when I read their activation guidelines it
appears that I can. Anyway I'm confused at this point. If anyone has any
experience with this I would like your advice.

Thanks.
 
WWII said:
I've got a home built system running with an OEM version of XP Pro. The
system is old and I would like to upgrade it - new MB and CPU. Can I do
this with an OEM XP system? When I called Microsoft they said you cannot
change an OEM system at all, yet when I read their activation guidelines
it appears that I can. Anyway I'm confused at this point. If anyone has
any experience with this I would like your advice.

Thanks.
Click to expand...

It sounds like you want justification from someone/anyone else to use the
software.

Why not ring MS and put your point to them? It is their licence conditions,
not any contributor to this newsgroup.
 
WWII said:
I've got a home built system running with an OEM version of XP Pro. The
system is old and I would like to upgrade it - new MB and CPU. Can I do
this with an OEM XP system? When I called Microsoft they said you cannot
change an OEM system at all, yet when I read their activation guidelines it
appears that I can. Anyway I'm confused at this point. If anyone has any
experience with this I would like your advice.
Click to expand...

I don't think you can do that under the terms of the EULA for OEM
systems. OEM systems are licensed only for the first machine they are
installed on, and cannot be used on another machine even if the first
ceases to exist. I think that replacing the mobo and processor would
constitute a "new machine". But that's an educated guess, definitely
not official.
 
One can buy a commercial upgrade version of XP and upgrade from which
versions?

95? 98?

DSH
 
I've got a home built system running with an OEM version of XP Pro. The
system is old and I would like to upgrade it - new MB and CPU. Can I do
this with an OEM XP system? When I called Microsoft they said you cannot
change an OEM system at all, yet when I read their activation guidelines it
appears that I can. Anyway I'm confused at this point. If anyone has any
experience with this I would like your advice.

Thanks.
Click to expand...

Officially, since you are wanting to change the motherboard, you can not
re-use the OEM version. Changing the motherboard would mean that the computer
has been changed and you can not officially transfer OEM versions to a
different PC or owner.
 
With an OEM Windows XP license, you can replace
any internal hardware component with the exception
of the motherboard. If you install a different model
motherboard, the OEM license becomes invalid and
cannot be reused. That is why an OEM license costs
less....less flexibility. Next time, purchase a "Retail
Version" of Windows XP so you don't run into this
limitation issue in the future.

--
Carey Frisch
Microsoft MVP
Windows Shell/User

----------------------------------------------------------------------------------------------------

:

| I've got a home built system running with an OEM version of XP Pro. The
| system is old and I would like to upgrade it - new MB and CPU. Can I do
| this with an OEM XP system? When I called Microsoft they said you cannot
| change an OEM system at all, yet when I read their activation guidelines it
| appears that I can. Anyway I'm confused at this point. If anyone has any
| experience with this I would like your advice.
|
| Thanks.
 
WWII said:
I've got a home built system running with an OEM version of XP Pro. The
system is old and I would like to upgrade it - new MB and CPU. Can I do
this with an OEM XP system? When I called Microsoft they
said you cannot change an OEM system at all, yet when I read their
activation guidelines it appears that I can. Anyway I'm confused at
this point. If anyone has any experience with this I would like your
advice.
Click to expand...


Probably the biggest disadvantage of an OEM copy of Windows is that its
license limits it to the first computer it's installed on, and it can never
be legally moved to another. The problem is that the EULA doesn't define
what constitutes a different computer, and it isn't clear what or how much
you can change and have it still be considered the same computer.

Microsoft apparently considers that changing the motherboard makes it a new
computer, and while that position certainly makes sense, the EULA does*not*
specify that, and it's the EULA that legally binds you, not what Microsoft
considers correct. However be aware that if you try to do a telephone
activation with a new motherboard, Microsoft will probably not permit it.
 
Ay, there's the rub.

Ambiguity in the EULA, which gives Microsoft Legal Wiggle Room.

DSH
 
This is no such thing as a "commercial upgrade version"
of Windows XP. You must purchase a "Retail Upgrade"
if you wish to upgrade from Windows 98. Windows 95
is non-upgradeable to Windows XP.

--
Carey Frisch
Microsoft MVP
Windows Shell/User

----------------------------------------------------------------------------------------------------

:

| One can buy a commercial upgrade version of XP and upgrade from which
| versions?
|
| 95? 98?
|
| DSH
 
Likely the new install of XP pro will self authorize thorugh the web when
you start the authorization process. If you need to call Microsoft you are
not being forced with a gun to your head to yield up the fact that the
motherboard has been changed. What you will be asked is if this software is
installed on any other computer. An honest answer would be that it is not.
End of discussion.

Richard.
 
Yep...

But that protocol could be changed by Microsoft at any time, unilaterally --
hence the Legal Wiggle Room in the EULA.

DSH
 
Also gives the purchaser alot of Legal Wiggle Room too...

- Winux P

: Ay, there's the rub.
:
: Ambiguity in the EULA, which gives Microsoft Legal Wiggle Room.
:
: DSH
:
: :
: > WWII wrote:
: >
: >> I've got a home built system running with an OEM version of XP Pro. The
: >> system is old and I would like to upgrade it - new MB and CPU. Can I do
: >> this with an OEM XP system? When I called Microsoft they
: >> said you cannot change an OEM system at all, yet when I read their
: >> activation guidelines it appears that I can. Anyway I'm confused at
: >> this point. If anyone has any experience with this I would like your
: >> advice.
: >
: >
: > Probably the biggest disadvantage of an OEM copy of Windows is that its
: > license limits it to the first computer it's installed on, and it can
: > never be legally moved to another. The problem is that the EULA doesn't
: > define what constitutes a different computer, and it isn't clear what or
: > how much you can change and have it still be considered the same
computer.
: >
: > Microsoft apparently considers that changing the motherboard makes it a
: > new computer, and while that position certainly makes sense, the EULA
: > does*not* specify that, and it's the EULA that legally binds you, not
what
: > Microsoft considers correct. However be aware that if you try to do a
: > telephone activation with a new motherboard, Microsoft will probably
not
: > permit it.
: >
: > --
: > Ken Blake - Microsoft MVP Windows: Shell/User
: > Please reply to the newsgroup
:
:
 
And why would the purchaser sue in this context?

- Winux P

: But the purchasers often don't have Deep Pockets to sue.
:
: DSH
:
: : >
: > Also gives the purchaser alot of Legal Wiggle Room too...
: >
: > - Winux P
: >
: > :
: > : Ay, there's the rub.
: > :
: > : Ambiguity in the EULA, which gives Microsoft Legal Wiggle Room.
: > :
: > : DSH
: > :
: > : : > :
: > : > WWII wrote:
: > : >
: > : >> I've got a home built system running with an OEM version of XP Pro.
: > The
: > : >> system is old and I would like to upgrade it - new MB and CPU. Can
I
: > do
: > : >> this with an OEM XP system? When I called Microsoft they
: > : >> said you cannot change an OEM system at all, yet when I read their
: > : >> activation guidelines it appears that I can. Anyway I'm confused
at
: > : >> this point. If anyone has any experience with this I would like
your
: > : >> advice.
: > : >
: > : >
: > : > Probably the biggest disadvantage of an OEM copy of Windows is that
: > its
: > : > license limits it to the first computer it's installed on, and it
can
: > : > never be legally moved to another. The problem is that the EULA
: > doesn't
: > : > define what constitutes a different computer, and it isn't clear
what
: > or
: > : > how much you can change and have it still be considered the same
: > computer.
: > : >
: > : > Microsoft apparently considers that changing the motherboard makes
it
: > a
: > : > new computer, and while that position certainly makes sense, the
EULA
: > : > does*not* specify that, and it's the EULA that legally binds you,
not
: > what
: > : > Microsoft considers correct. However be aware that if you try to do
a
: > : > telephone activation with a new motherboard, Microsoft will
probably
: > not
: > : > permit it.
: > : >
: > : > --
: > : > Ken Blake - Microsoft MVP Windows: Shell/User
: > : > Please reply to the newsgroup
:
:
 
D. Spencer Hines said:
Ay, there's the rub.

Ambiguity in the EULA, which gives Microsoft Legal Wiggle Room.
Click to expand...


I actually think it's the other way around. In this case, it's the customer
who has the Legal Wriggle Room, not Microsoft.

My guess (just a guess--I'm not a lawyer) is that if Microsoft denied an
OEM customer activation because he changed a motherboard, and the customer
sued Microsoft over it, that the customer might very well win.

The problem of course, is that no customer would be willing to spend the
many thousands of dollars in legal fees required to possible recover the
cost of a copy of Windows XP.
 
D. Spencer Hines said:
One can buy a commercial upgrade version of XP and upgrade from which
versions?

95? 98?
Click to expand...


98, 98SE, Me, 2000 (2000 only to upgrade to XP Professional, not Home). You
can also upgrade from XP Home to XP Professional).

You can't do an upgrade from Windows 95 to XP, but you *can* use a Windows
95 CD as proof of a previous qualifying version to do a clean installation
of XP with an Upgrade copy.
 
I've got a home built system running with an OEM version of XP Pro.
The system is old and I would like to upgrade it - new MB and CPU.
Can I do this with an OEM XP system? When I called Microsoft they
said you cannot change an OEM system at all, yet when I read their
activation guidelines it appears that I can. Anyway I'm confused at
this point. If anyone has any experience with this I would like your
advice.

Thanks.
Click to expand...

I think that the reason you had to buy a new MB & CPU was because the one
in the PC burned up because the CPU cooling fan died and something
internal in the CPU fried causing a massive short that drew lots of
current through the MB for 1 or 2 seconds until you saw the puff of smoke
that came from the burned up traces.

When you went to your local computer store, they didn't have any of the
exact same motherboards, since retail motherboards don't stay on the
shelf for a couple of years, and you couldn't afford the $400 replacement
OEM MB & CPU, so you had to buy a different one.

That! is what happened.
 
Read my message!!! I did call MS. More confused than ever now. Their
activation policy appears to be at odds with the information I got by
talking with a sales rep. Thats why I asked for others experiences!!!
 
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