Re: Seeking upgrade advise for motherboard change with oem windows

KEN- thanks for your frankness, it really shows what a grey area this is,
the microsoft knowledgebase site were insistant that mobo and o/s were tied,
if it was an oem version of xp and the mobo was replaced then a new version
of xp would be needed - hence the advantage of owning a full retail version
in case of needing to upgrade. The mobo however if it was faulty, could be
changed with oem xp, as has happened to me 2 yrs after i bought it, and
strangely enough the pc seems to be showing similar tendancies to restart
itself like it did back then ! The pc was sent away to the now bankrupt
manufacturer and came back with mobo replaced and a different windows id and
product code! It looks like i am stumped though without a repair disc that
you get with the retail version unless its possible to leave windows to
detect the changes on startup and sort them all out but it seems unlikeley

"Ken Blake, MVP" wrote:

Welsh Wizard wrote:

The operating system is an OEM version of windows xp home saved on a
hard disc partition i believe, and i have a reload/backup cd for it.

I wanted to stay with an MSI "a" socket motherboard like my current
one, and i have bought one in readyness but am now worried that i am
not in a position to do an upgrade due to microsoft rules over oem
xp, or that i may have difficulties with product keys etc


The issue of OEM licenses and what constitutes the same computer is a can of
worms. The EULA doesn't specify what constitutes the same computer, and the
EULA is what you agree to. If I had my druthers, all licenses would be the
same, with the retail rules, and there wouldn't be such a thing as an OEM
license.

There are people here (and elsewhere) who claim that if you change the
motherboard, it's a different computer. Although that certainly sounds
logical, the OEM EULA does *not* say that. Some of these people will point
to a Microsoft site for System Builders (one that can't even be accessed by
the general public) that states that changing the motherboard makes it a
different computer. Again, the EULA, which is what you agree to, does *not*
state that, so as far as I'm concerned, what this site states is irrelevant.

My guess is that if it ever came before a court (which is highly unlikely)
and Microsoft ever pointed to that web site, they'd be laughed out of court.

The real issue in my mind is what happens if you change the motherboard and
have to reactivate an OEM version over the phone. If you talk to a Microsoft
representative and he defends the "motherboard defines the computer" point
of view and won't activate you, you're out of luck unless you want to take
Microsoft to court (which is probably highly unlikely).

My own view is that you might be able to successfully argue in court that,
silly as it may sound, the computer is defined by the case, since that's
where Microsoft requires that the product key sticker be affixed. You could
therefore change everything inside the case, and it would still be the same
computer.

However, don't rely on that last paragraph unless you're willing to go to
court over it. I wouldn't be.

So what should you do? It's hard to advise you. You may be able to change
the motherboard and reactivate or you may not.

--
Ken Blake - Microsoft MVP Windows: Shell/User
Please reply to the newsgroup




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Relevant Pages

  • Re: Re-installing Windows XP
    ... But if it's an OEM version, its license permanently ties it to the first ... and Microsoft ever pointed to that web site, they'd be laughed out of court. ...
    (microsoft.public.windowsxp.general)
  • Re: Product Key help needed please!!!
    ... The point was is that you demand replacement keys ... Because Microsoft cannot give you the same product that you have. ... Their pricing for an OEM that wants just 1 license would be quite expensive, ... Their contract was to provide the vehicle to the rental agency. ...
    (microsoft.public.windowsxp.help_and_support)
  • Re: Activation-removal feature - how about Escrow?
    ... Call Microsoft and tell them that your are reactivating because you ... So, I pick up a new mobo (plus CPU and memory, since the ... when I remembered MS updating their EULA on OEM systems. ...
    (borland.public.delphi.non-technical)
  • Re: Seeking upgrade advise for motherboard change with oem windows xp
    ... not in a position to do an upgrade due to microsoft rules over oem ... motherboard, it's a different computer. ... to a Microsoft site for System Builders (one that can't even be accessed by ... and Microsoft ever pointed to that web site, they'd be laughed out of court. ...
    (microsoft.public.windowsxp.general)
  • WANTED TO BUY: MICROSOFT OFFICE, WINDOWS, SERVER, VISTA - ADOBE ACROABAT OEM PACKS - CISCO,
    ... The square cardboard Microsoft Office OEM packs. ... I am also buying Microsoft Server software packages in quantities of 1 ...
    (uk.telecom.mobile)