XP Pro OEM

[Si]

I was planning on buying an OEM copy of XP Pro but I read that if you change
some core components of your PC somewhere down the line, this is deemed to
be a different PC and, as such, you will be unable to install Windows.
Seeing as I upgrade my PC on a regular basis this has me a bit worried. So,
first of all I wanted to know if this is correct for the OEM version of XP
Pro? Secondly, is the same also true for the full retail version?

Cheers.

Si


tater waht oredr the ltteers in a wrod are, it's olny iprmoatnt taht the
frist and lsat ltteer be at the rghit pclae.The rset can be a total mses and
you can sitll raed it wouthit porbelm.Tihs is bcuseae the huamn mnid deos
not raed ervey lteter by istlef, but the wrod as a wlohe.

 

[Rick \Nutcase\ Rogers]

Hi,

On WinXP's activation scheme:
http://aumha.org/win5/a/wpa.htm

Basically, with an OEM version you are not allowed to move it to another
system once activated. Some drastic hardware changes may be seen as a new
system (especially a motherboard change) and re-activation may not be
allowed. OEM versions are best used when you do not anticipate changing
components frequently. This does not apply in retail versions, where you may
migrate it across as many systems and hardware changes as you like provided
you only have it installed on one system at a time.

--
Best of Luck,

Rick Rogers, aka "Nutcase" - Microsoft MVP

Associate Expert - WindowsXP Expert Zone

Windows help - www.rickrogers.org

 

[Carey Frisch [MVP]]

OEM versions of Windows XP:

-- cannot upgrade over an existing Windows installation.
-- must be installed "clean" on a freshly reformatted drive or partition.
-- cannot be transferred to a different computer in the future.
-- only hardware component you cannot change is the motherboard model.
-- the license cannot be sold or transferred to another user.
-- are not eligible for free Microsoft technical support.
-- any problems whatsoever with the installation CD or Product Key.
is not eligible for Microsoft support....you have to deal with the "seller".
-- cost less than "retail versions" due to the above limitations/risks.

Best Advice: Purchase a "Retail Version" of Windows XP!

--
Carey Frisch
Microsoft MVP
Windows XP - Shell/User
Microsoft Newsgroups

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

:

| I was planning on buying an OEM copy of XP Pro but I read that if you change
| some core components of your PC somewhere down the line, this is deemed to
| be a different PC and, as such, you will be unable to install Windows.
| Seeing as I upgrade my PC on a regular basis this has me a bit worried. So,
| first of all I wanted to know if this is correct for the OEM version of XP
| Pro? Secondly, is the same also true for the full retail version?
|
| Cheers.
|
| Si

 

[Ken Blake]

In

I was planning on buying an OEM copy of XP Pro but I read that
if you
change some core components of your PC somewhere down the line,
this
is deemed to be a different PC and, as such, you will be unable
to
install Windows. Seeing as I upgrade my PC on a regular basis
this
has me a bit worried. So, first of all I wanted to know if this
is
correct for the OEM version of XP Pro? Secondly, is the same
also
true for the full retail version?

The rule is for OEM versions only, not retail. The OEM EULA
states that it's tied permanently to the first computer it's
installed on. It can never legally be moved to another computer,
sold, or given away.

The problem is that this is a somewhat gray area: Microsoft has
not defined exactly what you can change without it being
considered a new computer. Most people seem to consider that the
motherboard defines the computer, but not everyone agrees with
that.

This is to me the single biggest disadvantage of an OEM version.
You'd certainly be safest if you bought a retail version, but an
OEM version may be OK for you too. What kinds of upgrades do you
regularly do?

 

[Alias]

-- only hardware component you cannot change is the motherboard model.

Wrong, as has been demonstrated many, many times. Why must you continue to
post this urban legend, Carey?

Best Advice: Purchase a "Retail Version" of Windows XP!

Only if you have lots of extra money lying around like our misnamed "MVP
Carey seems to have and you like to throw it away.

Alias

 

[Rick \Nutcase\ Rogers]

Seeing as the OP mentioned that they upgrade components on a regular basis,
it would be a good idea if they purchased a retail version rather than an
OEM version. They are not *that* much more costly, and certainly lower in
cost than having to purchase a second OEM version should the first one get
locked out. This would reduce their chances of getting nailed by "too many
changes" to none, as they will always be able to phone it in if nothing
else. If they buy OEM, they may eventually get bitten. Perhaps they could
still get an override for the OEM activation failure should one occur, but
is it worth the hassle that can easily be avoided?

--
Best of Luck,

Rick Rogers, aka "Nutcase" - Microsoft MVP

Associate Expert - WindowsXP Expert Zone

Windows help - www.rickrogers.org

 

[Bruce Chambers]

I was planning on buying an OEM copy of XP Pro but I read that if you change
some core components of your PC somewhere down the line, this is deemed to
be a different PC and, as such, you will be unable to install Windows.
Seeing as I upgrade my PC on a regular basis this has me a bit worried. So,
first of all I wanted to know if this is correct for the OEM version of XP
Pro?

According to its EULA, an OEM license may not be transferred from
one distinct PC to another PC. Nothing is said about prohibiting one
from repairing or upgrading the PC on which an OEM license is installed.

Now, some people believe that the motherboard is the key component
that defines the "original computer," but the OEM EULA does not make any
such distinction. Others have said 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 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. This is
the catch that has caught the OP: the computer manufacturer has to treat
the repaired/upgraded computer as a different computer. Had the OP
obtained the replacement motherboard from the original manufacturer,
this issue wouldn't have arisen.

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.

Secondly, is the same also true for the full retail version?

No. A retail license can be transferred to a new computer after it has
been removed from the first.


--

Bruce Chambers

Help us help you:



You can have peace. Or you can have freedom. Don't ever count on having
both at once. - RAH

 

[Uncle Joe]

When I built my system and purchased an OEM (didn't
know at the time) XP Home CD from the parts dealer,
didn't realize it would be a hindrance in the future. I
actually thought I was getting a retail copy of XP Home.

Plan to upgrade my mobo, CPU, and hard drives in the
next year. I suppose this makes my system a "new" PC
according to the EULA. Think I'll take a chance on
sweet talking the MS activation people into giving me a
functional activation code. Don't have anything to lose.

If I were "Si", I'd buy 1-2 retail licenses.

 

[Si]

I'm not planning any in the near future but what if my mobo dies and I have
to get a new one? I guess I won't be able to install the OEM version. I can
understand why this is the case, but it doesn't seem fair in these days when
more and more people like to keep their PC hardware up to date. Ideally, I
would like the full retail version but I just cannot afford it.

Thanks very much for your help with this.

Cheers.

Si

 

[Rock]

I'm not planning any in the near future but what if my mobo dies and I have
to get a new one? I guess I won't be able to install the OEM version. I can
understand why this is the case, but it doesn't seem fair in these days when
more and more people like to keep their PC hardware up to date. Ideally, I
would like the full retail version but I just cannot afford it.

Thanks very much for your help with this.

Cheers.

Si

That's one reason why the OEM version costs less.

 

[Alias]

When I built my system and purchased an OEM (didn't
know at the time) XP Home CD from the parts dealer,
didn't realize it would be a hindrance in the future. I
actually thought I was getting a retail copy of XP Home.

Plan to upgrade my mobo, CPU, and hard drives in the
next year. I suppose this makes my system a "new" PC
according to the EULA.

Have you read the EULA? I ask because that isn't true.

Think I'll take a chance on
sweet talking the MS activation people into giving me a
functional activation code. Don't have anything to lose.

If it's been over 120 days since your last activation, you won't be talking
to MS but merely clicking on "activate" and going back about your business
in a few seconds.

Alias

 

[Alias]

I'm not planning any in the near future but what if my mobo dies and I
have to get a new one? I guess I won't be able to install the OEM version.
I can understand why this is the case, but it doesn't seem fair in these
days when more and more people like to keep their PC hardware up to date.
Ideally, I would like the full retail version but I just cannot afford it.

Thanks very much for your help with this.

Cheers.

Si

You can upgrade or replace a defective motherboard with no problem with an
OEM version. Where did you get that idea from, the misnamed MVP Carey?

Alias

 

[Alias]

That's one reason why the OEM version costs less.

Ah, but that "one reason" is not true. Nowhere in the EULA does it say that
a motherboard change or any hardware change constitutes a new computer. You
might want to read it before spouting off.

Alias

 

[Lil' Dave]

Agree with Alias.
Reality check MVPs. OEM XP Home purchased from mwave.com Installed great.

Changed the motherboard, did a clean install worked no hassle, no problem.
Nothing unusual.

Did some more hardware changes that eventually led to a flag, less the 120
days. PC gave me the MS phone number, called, talked to a real person.
Waited two minutes She gave me another key. Works fine.

I know, some of you are going to say its an MS choice whether or not to
allow such. But the clean install on the 2nd motherboard seems to not vye
choice into that matter. So, I think there's more than meets the eye, and
the published guidance about purchase with hardware OEM XP install CDs
mentioned elsewhere in this thread. If the guidance is about manufacturer
supported PCs with XP installed, that's another story and that guidance
should not be provided in this thread as its not appropriate to the subject
at hand.

Ran into similar attitude with MS MVPs and long-time posters about 98 to ME
update installations and clean ME installs a few years ago. Lotta hard and
fast rules were out the window, and they were lost. And they made their own
rules, don't install ME period for instance. All at the microsoft.public
news server. Deja vu.

 

[Guest]

Q. Can a PC with OEM Windows XP have its motherboard upgraded and keep the
same license? What if it was replaced because it was defective?

A. Generally, you may upgrade or replace all of the hardware components on
your customer's computer and the end user may 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" to which Microsoft® OEM
operating system software cannot be transferred from another computer. If the
motherboard is upgraded or replaced for reasons other than a defect, then a
new computer has been created and the license of new operating system
software is required. If the motherboard is replaced because it is defective,
you do NOT need to acquire a new operating system license for the PC.

The reason for this licensing rule primarily relates to the end-user license
agreement (EULA) and the support of the software covered by that EULA. The
EULA is a set of usage rights granted to the end-user by the PC manufacturer
and relates only to rights for that software as installed on for that
particular PC. The System Builder is required to support the software on that
original PC. Understanding that end users, over time, upgrade their PC with
different components, Microsoft needed to have one base component "left
standing" that would still define that original PC. Since the motherboard
contains the CPU and is the "heart and soul" of the PC, when the motherboard
is replaced (for reasons other than defect) a new PC is essentially created.
The original System Builder, therefore, can not be expected to support this
new PC that they in effect, did not manufacture.

Ref: http://oem.microsoft.com/script/ContentPage.aspx?pageid=553075

 

[Alias]

Q. Can a PC with OEM Windows XP have its motherboard upgraded and keep the
same license? What if it was replaced because it was defective?

A. Generally, you may upgrade or replace all of the hardware components on
your customer's computer and the end user may 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" to which Microsoft® OEM
operating system software cannot be transferred from another computer. If
the
motherboard is upgraded or replaced for reasons other than a defect, then
a
new computer has been created and the license of new operating system
software is required. If the motherboard is replaced because it is
defective,
you do NOT need to acquire a new operating system license for the PC.

The reason for this licensing rule primarily relates to the end-user
license
agreement (EULA) and the support of the software covered by that EULA. The
EULA is a set of usage rights granted to the end-user by the PC
manufacturer
and relates only to rights for that software as installed on for that
particular PC. The System Builder is required to support the software on
that
original PC. Understanding that end users, over time, upgrade their PC
with
different components, Microsoft needed to have one base component "left
standing" that would still define that original PC. Since the motherboard
contains the CPU and is the "heart and soul" of the PC, when the
motherboard
is replaced (for reasons other than defect) a new PC is essentially
created.
The original System Builder, therefore, can not be expected to support
this
new PC that they in effect, did not manufacture.

Ref: http://oem.microsoft.com/script/ContentPage.aspx?pageid=553075

And the reason you posted this is? This is a password protected web site and
is not the EULA. Further, once you've signed into Passport, you have to
register to get any further. The Partner Program is for System Builders and
is irrevelant and I go by my EULAs and none of them mention the word
"motherboard" once. Not only that, I have upgraded motherboards with OEM and
they activated without any problems. There also isn't any mention of having
to read this web site before installing.

My conclusion is you get some kind of vicarious thrill out of conning people
to buy another OS they don't need or to buy a retail copy, which they also
don't need. Either that or you're just dense.

Alias

 

[Bruce Chambers]

Plan to upgrade my mobo, CPU, and hard drives in the
next year. I suppose this makes my system a "new" PC
according to the EULA.

No, that's not true, at all. The OEM EULA does *not* define any single
component as the computer to which an OEM license is bound.



--

Bruce Chambers

Help us help you:



You can have peace. Or you can have freedom. Don't ever count on having
both at once. - RAH

 

[Bruce Chambers]

Q. Can a PC with OEM Windows XP have its motherboard upgraded and keep the
same license? What if it was replaced because it was defective?

A. Generally, you may upgrade or replace all of the hardware components on
your customer's computer and the end user may 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" to which Microsoft® OEM
operating system software cannot be transferred from another computer. If the
motherboard is upgraded or replaced for reasons other than a defect, then a
new computer has been created and the license of new operating system
software is required. If the motherboard is replaced because it is defective,
you do NOT need to acquire a new operating system license for the PC.

The reason for this licensing rule primarily relates to the end-user license
agreement (EULA) and the support of the software covered by that EULA. The
EULA is a set of usage rights granted to the end-user by the PC manufacturer
and relates only to rights for that software as installed on for that
particular PC. The System Builder is required to support the software on that
original PC. Understanding that end users, over time, upgrade their PC with
different components, Microsoft needed to have one base component "left
standing" that would still define that original PC. Since the motherboard
contains the CPU and is the "heart and soul" of the PC, when the motherboard
is replaced (for reasons other than defect) a new PC is essentially created.
The original System Builder, therefore, can not be expected to support this
new PC that they in effect, did not manufacture.

Ref: http://oem.microsoft.com/script/ContentPage.aspx?pageid=553075

But this only applies to Systems Builders, not end Users. It's not
relevant, here.

--

Bruce Chambers

Help us help you:



You can have peace. Or you can have freedom. Don't ever count on having
both at once. - RAH

 

[Si]

Now I'm totally confused.....lol. What's the deal with the 120 days thing?
Does it mean that if you change, for example, your mobo and try to reinstall
XP OEM within 120 days it won't work but after 120 days it's OK to do this?
What happens if I change my mobo just for the hell of it and then claim it
is a replacement for a faulty one?

Cheers.

Si

 

[Ken Blake]

In

I'm not planning any in the near future but what if my mobo
dies and
I have to get a new one? I guess I won't be able to install the
OEM
version.

As I said, there's a gray area here. I'm not so sure that's
right, but I can understand why you might not want to take the
risk.

I can understand why this is the case, but it doesn't seem
fair in these days when more and more people like to keep their
PC
hardware up to date. Ideally, I would like the full retail
version
but I just cannot afford it.

Understood, but the *reason* the OEM version is cheaper is that
it comes with some disadvantages. It isn't reason to expect to
buy the identical product for a considerably lower price.

Thanks very much for your help with this.

You're welcome. Glad to help.