Jim said:
Thanks, Bruce. After posting that, I got to the EULA clarification you
posted, and concluded the same thing. I guess the good news is that the
license jumps to the computer so it is NOT so fragile as if it were tied to
the HDD; the BAD news for the OP is the same thing.
For the OP, yes, it amounts to bad news. This is not necessarily the
case, however, for those who build their own PCs and then subsequently
upgrade them, one piece at a time for the next several years. In this
case, an OEM license can offer a substantial reduction in the initial
outlay.
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
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