Can I move an OEM WinXP HDD to a new machine?

  • Thread starter Thread starter M Skabialka
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As I mentioned earlier, you should not be offering
any advice regarding Microsoft OEM licensing since
you have a bad habit of distorting the facts.

--
Carey Frisch
Microsoft MVP
Windows XP - Shell/User
 
Carey Frisch said:
As I mentioned earlier, you should not be offering
any advice regarding Microsoft OEM licensing since
you have a bad habit of distorting the facts.
Click to expand...

Really? YOU are accusing me of distorting the facts when that's exactly what
YOU do? Ever hear of the pyschological term "projecting"?
When you can respond to content and back up your assertions, get back to me.
What I should or should not do is not something you decide. If you don't
like my posts, kill file me. You do know how to do that, don't you?

Alias
 
Carey is not wrong--upgrading the motherboard constitutes a new PC and the
old license for XP is void.

--
Larry Samuels Associate Expert
MS-MVP (2001-2005)
Unofficial FAQ for Windows Server 2003 at
http://pelos.us/SERVER.htm
Expert Zone-
 
In message <#[email protected]> "Carey Frisch [MVP]"
You may upgrade or replace all of the hardware components on
your computer and maintain the license for the
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 reused.
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.
Click to expand...

So if I damage the old motherboard then I'm okay to go?
 
No, unless you wish to become a liar and a fraud.

--
Carey Frisch
Microsoft MVP
Windows XP - Shell/User
 
It's not spelled out in the EULA. But it is in the
System Builder EULA. You assume the role of
a System Builder if you use an OEM version of
Windows XP and change the motherboard.
 
The OEM systembuilder accepts that limitation for the enduser by installing
an OEM copy under the terms of the systembuilder license agreement. The end
user is bound by any agreement accepted by the OEM installing the software.

Some OEMs, myself included, offer the customer the choice of a full retail
copy which can be moved and has full MS support as an option, or they can
choose the OEM copy which saves them about $100. Guess which one the
majority chooses.

That being said, it should be pointed out that MS usually errs on the side
of the enduser and allows the transfer, but they can (and sometimes do)
refuse.

--
Larry Samuels Associate Expert
MS-MVP (2001-2005)
Unofficial FAQ for Windows Server 2003 at
http://pelos.us/SERVER.htm
Expert Zone-
 
LOL--maybe. Depends on who is on the other end of the phone at the call
center and how bad of a day they have had so far.
In most cases--yes. Motherboards replaced due to defect allow the transfer
of the OS.

--
Larry Samuels Associate Expert
MS-MVP (2001-2005)
Unofficial FAQ for Windows Server 2003 at
http://pelos.us/SERVER.htm
Expert Zone-
 
Larry Samuels said:
Carey is not wrong--upgrading the motherboard constitutes a new PC and the
old license for XP is void.
Click to expand...

Not according to the EULA I agreed to in Spanish on two computers and in
English on one computer before installing. There's no mention of the word
"motherboard" in either EULA. I just read them again to make sure that SP2
didn't change anything and it didn't. Do you, like Carey, have a reading
comprehension problem?

FYI, I changed a motherboard on one of my computers the other day and it
activated online with no problem.

Sooooooooo, I have the EULA that says nothing about a motherboard and I have
the actual proof of a seamless online activation.

What have you got besides "I said so"? And, before you do it, don't post the
systems builder web site that requires a password to view as that is NOT the
EULA I agreed to.

Next thing you're going to tell me is I have to buy some hardware with a
generic Windows XP Home or Pro OEM, which I don't.

Alias
 
DevilsPGD said:
In message <#[email protected]> "Larry Samuels"


Can you point out where in the OEM EULA it says that?
Click to expand...

It doesn't, at least mine doesn't. I just read them. And, for grins, I
copied it to Word and searched for the word "motherboard" and Word came up
with, surprise, surprise, nothing. Same thing with "placa madre" and "placa
base".

Alias
 
Carey Frisch said:
It's not spelled out in the EULA. But it is in the
System Builder EULA. You assume the role of
a System Builder if you use an OEM version of
Windows XP and change the motherboard.
Click to expand...

Puhlease. I am an end user, not a computer company. I only build computers
for myself, no one else. I never signed up for the system builder program
and the only thing I agreed to was the EULA I got when I purchased the
software. No system builder EULA to agree to when I installed the software.

Give it up, Carey, you're wrong. Now be a man and admit it.

Alias
 
Larry Samuels said:
The OEM systembuilder accepts that limitation for the enduser by
installing an OEM copy under the terms of the systembuilder license
agreement. The end user is bound by any agreement accepted by the OEM
installing the software.
Click to expand...

Um, we are talking about an end user installing the software, not Dell or
you. We are not talking about transfering it to another computer but
upgrading or replacing a defective motherboard.

Alias
 
Carey Frisch said:
No, unless you wish to become a liar and a fraud.
Click to expand...

There you go again, hurling ad hominems instead of addressing content.

You're wrong. You cannot show where what you say is in the end user's EULA,
the ONLY thing the end user agreed to.

Alias
 
Larry Samuels said:
LOL--maybe. Depends on who is on the other end of the phone at the call
center and how bad of a day they have had so far.
In most cases--yes. Motherboards replaced due to defect allow the transfer
of the OS.
Click to expand...

According to MS, the person at the other end of the phone has no business
asking what happened.

Alias
 
"And, before you do it, don't post the systems builder web site...as that is NOT the EULA I agreed to."

You did, in fact, agree to that EULA when you purchased an OEM version, whether it was shown to you or not. If you weren't given a chance to examine it at the point of purchase, complain to whomever sold it to you.

Ignorance of the law is no defense. But it does seem to be your trademark.

Ted Zieglar
 
Hi Alias,

If you purchase an OEM copy and install it, you assume the role of
systembuilder and are bound by the same rules regardless of whether you know
them or not. By installing the software you accept the agreement.

If you are and enduser who has purchased a PC with windows preinstalled, you
are bound by the agreement accepted by the original installer. It's a
lose/lose situation caused by the insistence on using cheaper OEM copies.
They are cheaper for a reason<G>

Upgrading is not allowed--replacing a defective board is.

--
Larry Samuels Associate Expert
MS-MVP (2001-2005)
Unofficial FAQ for Windows Server 2003 at
http://pelos.us/SERVER.htm
Expert Zone-
 
Yes you do have to buy hardware unless you find someone willing to skirt the
rules or buy in bulk .

PS--I AM an OEM system builder so I have to know the rules or face heavy
fines if I break them.

--
Larry Samuels Associate Expert
MS-MVP (2001-2005)
Unofficial FAQ for Windows Server 2003 at
http://pelos.us/SERVER.htm
Expert Zone-
 
True when it comes to retail/upgrade copies--unfortunately not so when it
comes to OEM.The rules changed again Feb 28th,2005 when BIOS-locked copies
were barred from activating over the internet

Your arguments seem familiar.
You have been listening to kurt too much<G>

PS-- I am one of the few MVPs that gets along well with Kurt. I enjoy the
fact that he presents well thought out arguments for his position (as do
you), and I agree with quite a few of his arguments.
I can only state the license agreement as written and enforced on OEMs.

Until the first case is decided in court, licensing will always be a grey
area, and that is not likely to happen in our lifetime.

--
Larry Samuels Associate Expert
MS-MVP (2001-2005)
Unofficial FAQ for Windows Server 2003 at
http://pelos.us/SERVER.htm
Expert Zone-
 
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