Re: Moving Win XP from one PC to another?


"Bruce Chambers" <bchambers@xxxxxxxxxxxx> wrote in message
news:eSwcym76GHA.4500@xxxxxxxxxxxxxxxxxxxxxxx
divoch wrote:


Thank you for your rely and advice. I did not really expect it to be as
simple as "assembling" together new motherboard and an old hard drive
with OS and expect bit to work but then what if it was as simple as
that -:)

As far as the licence is concerned I cannot accept that I would not be
able to re-use the software on another single computer when the first one
dies. Where does it say so?


It's clearly stated in the EULA (End User License Agreement) to whose
terms you agreed to be bound when you first installed the OS. (If you
clicked the <Agree> button without reading it, you're still bound.) To
whit:

"Software as a Component of the Computer - Transfer. THIS LICENSE MAY NOT
BE SHARED, TRANSFERRED TO OR USED CONCURRENTLY ON DIFFERENT COMPUTERS.
The SOFTWARE is licensed with the HARDWARE as a single integrated product
and may only be used with the HARDWARE. If the SOFTWARE is not
accompanied by new HARDWARE, you may not use the SOFTWARE. You may
permanently transfer all of your rights under this EULA only as part of a
permanent sale or transfer of the HARDWARE, provided you retain no copies,
if you transfer all of the SOFTWARE (including all component parts, the
media and printed materials, any upgrades, this EULA and the Certificate
of Authenticity), and the recipient agrees to the terms of this EULA. If
the SOFTWARE is an upgrade, any transfer must also include all prior
versions of the SOFTWARE."


With what hardware does the OS actually need to be associated? It does
not sit on the motherboard and I want to reuse the hard drive on which it
is installed anyway.

Again, this is clearly stated in the EULA. The OEM license is bound to
the entire computer, and not to any single component:

"The term "COMPUTER" as used herein shall mean the HARDWARE, if the
HARDWARE is a single computer system, or shall mean the computer system
with which the HARDWARE operates, if the HARDWARE is a computer system
component."


I have paid for that software separately and so, as far as I am concerned
, I have the right to use it on one computer, which is all I want to do.


"... So far as I am concerned..." is meaningless. Remember, you didn't
purchased any software; you purchased a license to use someone else's
(Microsoft's, in this case) software for only so long as you abide by the
terms of that license. Furthermore, you paid a significantly reduced
price for the OEM license; with that lower price come fewer features. Had
you wanted additional features, such as transferability, you should have
purchased (and paid more) for a fuller-featured license. Retail licenses
are transferable.


Imagine this scenario:
I had my old PC with an 80GB hard drive and Win 98SE upgraded to Win XP
(and paid for it) and, say 60 days later, the motherboard dies. So I get
a new motherboard and want to reuse Win XP I have purchased recently.
This is not far from what has happened and hat I intend to do.


On the contrary, repairing an existing computer is very, very different
from transferring the OS to an entirely new computer. And there's nothing
in the OEM license that precludes repairing the computer on which it's
installed.


I am certainly not prepared to pay for the same software a second time
round just because some piece of hardare, like processor, on the
motherboard failed!


Nor would you have to do so. But this isn't your situation, is it? You're
simply trying to rationalize your way through doing something that you
already know is wrong (or you wouldn't fell the need to rationalize it).

Ultimately, it boils down to whether or not you have any integrity.
There's no technical safeguard in place on a generic OEM installation CD
to enforce the license, so it finally boils down to is: Can a bank,
mortgage company, etc. trust your signature on a contract? Can you be
trusted not to renege on an promises you've ever made to anyone? If you
opt to violate the OEM EULA, then you've answered those questions with a
resounding "*NO!*" It's your choice.


--
Thanks Bruce for fairly detailed treatment of the subject. If what I might
do is or was clearly outside the boundaries of what I perceive the licence
states, I would take it as it is, I do not intend to break clearly stated
rules to save £50 or so. Although I am now clearer as to what the licence
says I still do not think it is a clear cut as you seem to imply. I do not
want to break the contract but I do not want to keep buying licences unless
I have to.
1) Firstly, the OS was installed into my "old" computer by a computer shop
on a new hard drive which they supplied. I did not need to activate anything
and so I did not accept or signed anything. They must have done it. You will
probably say that even in this case I am bound by it. I do not know that but
if you'd say so I would belive it, BUT even so:
2) If repair is OK then where is the boundary of that repair? If I change
faulty motherboard and re-install OS then that is presumeably OK? If it is
hard drive that failed and I replace it, I presume that is also OK? If I
replace both because I was not sure which was faulty, is that OK? If the
hard drive is OK but I change motherboard, because it was or I thought it
was faulty and also replaced my CD-ROM drive with DVD writer at the same
time because I would like to upgrade it at the same time, is that OK or not?
My current PC has developped in this peacemeal fashion, only floppy drive is
now original, even the case has been changed from the original Dell box, but
it is still only ONE PC with ONE operating system.
3) I quote from your writing: "You may permanently transfer all of your
rights under this EULA only as part of a permanent sale or transfer of the
HARDWARE...." So, again, if I keep monitor, keyboard, mouse, floppy, ZIP
drive from the current hardware etc. but not say base unit with motherboard
have I transferred HARDWARE? I am assuming of course that, at the end of
this "transfer", there would be only ONE computer with ONE OS.

Regards
divoch



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