Re: New mobo/cpu old hard drive - best way?
From: Bruce Chambers (bruce_a_chambers_at_h0tmail.com)
Date: 12/31/04
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Date: Fri, 31 Dec 2004 08:50:22 -0700
Happy Camper wrote:
>
>
>
> Bruce,
>
> It is an OEM version. Can I do the repair with a XP Upgrade disc or do I
> need the full version?
>
> HC
>
>
What specific type of OEM CD do you have?
Is it a branded (Dell, Gateway, etc.), bios-locked CD, or another
manufacturer's Recovery CD? If so, you'll probably need to buy another
license, as such CDs generally won't install and/or activate on a
non-OEM motherboard. You might be able to use an Upgrade CD, as long
you have an older, qualifying operating system's installation CD
available to insert when prompted. Otherwise, you'll need to purchase
the full license.
This is because these OEMs created customized installation routines
that will detect and work only on their own hardware. The reasons for
their having done so include:
1) It complies with Microsoft's anti-piracy policies, but "going above
and beyond," so to speak.
2) It saves their customers the very minor inconvenience of having to
activate, should a reinstallation (on the original hardware) ever be
necessary.
3) It locks their customers into only being able to obtain replacement
motherboards from them, thereby severely limiting how much those
customers can upgrade their own computers against future needs.
However, if you have a generic, non-branded OEM CD, such as those
provided by independent systems builders (like the local Mom & Pop
shop), then you'll very provably be able to prove the repair (and
subsequently activate, if necessary) without any trouble. Nor is this a
violation of the OEM EULA.
According to the EULA, an OEM license may not be transferred from
one distinct PC to another PC. However, this most emphatically does not
prohibit 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.
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."
-- Bruce Chambers Help us help you: http://dts-l.org/goodpost.htm http://www.catb.org/~esr/faqs/smart-questions.html You can have peace. Or you can have freedom. Don't ever count on having both at once. - RAH
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