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

  • Thread starter Thread starter M Skabialka
  • Start date Start date
"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.<

Perhaps in the States. I don't live there.
If you weren't given a chance to examine it at the point of purchase,
complain to whomever sold it to you. <<<<<<<<
Click to expand...

99% of the retail stores here sell OEMs without hardware and none of them
provide you with a system builder EULA because most people who buy them,
like myself, are not in the system building business. What I make money at
has nothing to do with building computers. They are for my personal and
family's use. My EULA says nothing about a motherboard at all. It does not
say that I cannot upgrade my hardware and it's the only thing I clicked on.
I never signed anything.

Ted Zieglar <<<

Tsk, tsk, more ad hominems. I have read my EULAs carefully and neither of
them say anything about upgrading a motherboard constituting a "new
computer". "Motherboard" is not even mentioned once. Or the CPU or anything
else for that matter. It does say I cannot move it to the computer I have on
the other side of the room and I would agree that doing that would be
against the terms of the EULA, not replacing defective components or
upgrading them and I am crystal clear sure that any judge in the country
where I live would agree with me.

Alias
 
Larry Samuels said:
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.
Click to expand...

No one asked me to agree to anything. All they wanted was the money. At no
time during the installation of the OEM or purchase of same was I asked to
agree to any systems builder agreement, only the EULA. With your "logic", MS
can change what I "agreed to" at will. Slick response, though. Are you also
a lawyer for MS besides almost being an expert for four years?
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>
Click to expand...

In Spain, you can get three OEMs with almost $USD 60.00 change for the price
of an XP Home ***upgrade*** retail. I have yet to find a place that sells a
full retail XP. XP Home ****upgrade*** retail goes for USD350.40. OEM goes
for USD95.70. Need the urls?

We buy OEMs for a reason ... MUCH cheaper.
Upgrading is not allowed--replacing a defective board is.
Click to expand...

Not according what I agreed to.

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

In your country, not here, chum.
PS--I AM an OEM system builder so I have to know the rules or face heavy
fines if I break them.
Click to expand...

Um, in Spain that ridiculous requirement isn't true. You have to know the
laws where you live. You obviously don't know the rules here.

Alias
 
Larry Samuels said:
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.
Click to expand...

This has changed. Microsoft now sells OEM XP in one packs. These can be sold
to someone building their own system. They become their own OEM and must
provide their own support. The new one packs have a sticker on the outside
outlining this. It is an abbreviated version of the OEM License agreement on
3-packs and 30-packs. My understanding is that you must sell the one pack if
you are selling singles. Breaking up larger packs and selling them
individually with hardware is no longer allowed. Once opened the multi packs
have to be installed before they can be sold.

Kerry
 
Hi Alias,

Ouch--you are getting ^&%&* on pricing. Retail Home is $199 here, Upgrade is
$99

PS--being outside the US changes things considerably. Many vendors ignore
the rules knowing unless they screw up badly no one is coming after them. If
they are prosecuted the laws of the country involved may trump US law.

LOL about the "almost an expert" If you aren't familiar with the associate
expert program,check out the Expert Zone sometime.

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

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.
Click to expand...

Yes, let's have a court case and decision. Who wants to start
playing the game of "chicken"? Microsoft and its legal battalion?
Or how about some lawyer interested in doing some pro bono work,
potentially up to arguing before the U.S. Supreme Court? The real
truth is that no one wants a court decision so that this issue
can remain "gray" because, whichever way it is decided, the outcome
will be devastating to both the industry and the user.
 
Lie, move the hard drive, then activate Windows XP again. If you call
microsoft to activate it, tell them you reformatted the HD and it's only on
that one computer. They'll activate it for ya. You'd have a hard time
reformatting without a windows CD though. I'd suggest getting a copy of an
OEM version for yourself, it will cost you a little more money but it can
save you a headache later if you crash or something. Not to mention
Microsoft probably won't like you lieing to them and violating the copywrite
laws to get XP activated again and useing the OEM edition in a different
computer...
 
In message <[email protected]> "Carey
Frisch said:
No, unless you wish to become a liar and a fraud.
Click to expand...

How do you figure?

Fraud requires dishonesty, and as long as I can honestly say "The old
motherboard is no longer functioning, I took it to a shop and had a new
motherboard installed and now I need to reactivate", I haven't lied.
 
In message <[email protected]> "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...

Sure, I'll accept that. However, accepting the role of a system builder
and being legally bound to those terms are two very different things.

There are no "system builder" licensing requirements when I purchase an
OEM copy and install it.
 
Larry Samuels said:
Hi Alias,

Ouch--you are getting ^&%&* on pricing. Retail Home is $199 here, Upgrade
is $99
Click to expand...

At those prices, retail is much more attractive.
PS--being outside the US changes things considerably. Many vendors ignore
the rules knowing unless they screw up badly no one is coming after them.
If they are prosecuted the laws of the country involved may trump US law.
Click to expand...

No hardware with OEMs is the law here.
LOL about the "almost an expert" If you aren't familiar with the associate
expert program,check out the Expert Zone sometime.
Click to expand...

I have a friend who works on computers. He's been doing it since 1969. He
tells me that in computing, no one's an expert.

Alias
 
M Skabialka said:
We have a 2 1/2 yr old machine which came from the manufacturer with no copy
of Windows XP Home, only a restore disk. On the occasion that we had to use
it, there was no option to reinstall Windows, only to reformat and start
over.

We bought a really fast CPU and fan on sale and realized that it is not
compatible with the motherboard on this machine, so then went out and bought
a new case and motherboard. We would like to move everything else from the
first machine (NIC, RAM, HDD, CD-RW, Video adapter, fans, etc) and have a
new faster machine.

However, when we put the hard drive in (which works OK now) onto the new
machine, what will it do to the Windows XP Home that is on the HDD but
thinks it belongs to the other motherboard and CPU?

Will it let this happen or totally scramble everything?

We are going to ghost it first just in case, but does anyone else have
experience, good or bad, doing this?

Since we already own this copy of Win XP Home, we don't want to have to buy
it again. The other machine will be gutted and useless.
Click to expand...

In order to configure Windows XP for your new motherboard you will
need to do a Repair Install so as to load the proper drivers and
configuration settings.

As your Windows XP is on a restore disk it contains only an image of
the installed system as it was when it left the factory and therefore
cannot do a Repair Install.

Your best option at this point would be to purchase a new generic copy
of Windows XP Home and do a Repair Install with it.
http://michaelstevenstech.com/XPrepairinstall.htm

If you have a spare hard drive you might want to try using that with
your new motherboard and then using your XP Home restore disk and see
what happens. It probably won't work, but it just might. And if it
does then you could probably (but not guaranteed) get your main hard
drive to also boot into XP with the new motherboard.

Good luck



Ron Martell Duncan B.C. Canada
--
Microsoft MVP
On-Line Help Computer Service
http://onlinehelp.bc.ca

In memory of a dear friend Alex Nichol MVP
http://aumha.org/alex.htm
 
Did they actuall y agree?? Are shrink wrap EULAS legal and enforceable??
Has MS every fought to enforce one?? I bet not!
 
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