Oem licensing. What is a new pc?

  • Thread starter Thread starter CheshireCat
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CheshireCat

If you're like me and are forever upgrading your pc with new bits including
m/b, where's the limit that you have to decide you have a new pc and can't
use the oem software any more? By this I mean the oem software was sold with
a component and not a whole pc.
(theoretical because Ive been buying upgrades since the early 90s)
thanks
 
CheshireCat said:
If you're like me and are forever upgrading your pc with new bits including
m/b, where's the limit that you have to decide you have a new pc and can't
use the oem software any more? By this I mean the oem software was sold with
a component and not a whole pc.
(theoretical because Ive been buying upgrades since the early 90s)
thanks
Click to expand...
If it was purchased with components when building a system and not "tied" to
the system like some manufacturers do you might have to call and reactivate
occasionally, but you should be fine otherwise. I have right in front of me
one retail and one "separately purchased" copy of XP Pro OEM. The EULAs on
both are identical right down to using it on only one system per copy. Word
for word, mind you. I have had to activate my OEM copy several times after
replacing MB and processor. Recently, I changed processors and did not need
to reactivate, but then changed video cards and it bumped me to activate. I
think the only thing original in this system is the case and have never had
any problems calling and activating or just doing it online if it is over
120 days. Sometimes I think that a purchased OEM is just a Retail version
without the fancy box as far as activation goes. I think the activation is
triggered on a sort of point system. I did a little test recently and
removed my P4 3g and installed a 2.4g. No prompt to activate was received. I
changed back to the 3g and was prompted to reactivate. I don't know what
they consider a "new" PC, or if they even care. When I have had to activate
by phone, I tell them exactly what I did and they are very nice and activate
just like a retail version.


Ed
 
Ed Medlin said:
If it was purchased with components when building a system and not "tied" to
the system like some manufacturers do you might have to call and reactivate
occasionally, but you should be fine otherwise. I have right in front of me
one retail and one "separately purchased" copy of XP Pro OEM. The EULAs on
both are identical right down to using it on only one system per copy. Word
for word, mind you. I have had to activate my OEM copy several times after
replacing MB and processor. Recently, I changed processors and did not need
to reactivate, but then changed video cards and it bumped me to activate. I
think the only thing original in this system is the case and have never had
any problems calling and activating or just doing it online if it is over
120 days. Sometimes I think that a purchased OEM is just a Retail version
without the fancy box as far as activation goes. I think the activation is
triggered on a sort of point system. I did a little test recently and
removed my P4 3g and installed a 2.4g. No prompt to activate was received. I
changed back to the 3g and was prompted to reactivate. I don't know what
they consider a "new" PC, or if they even care. When I have had to activate
by phone, I tell them exactly what I did and they are very nice and activate
just like a retail version.


Ed
Click to expand...
If you tell them it's a new motherboard and OEM, they're likely to deny you.
Or at least that's what seems to be happening lately.
 
Greetings --

Some people claim that the motherboard is the key component that
defines the "original computer," but the OEM EULA does not make any
such distinction.

According to the EULA, an OEM license may not be transferred from
one distinct PC to another PC. However, this doesn't prevent one from
repairing/upgrading that PC.

Microsoft has, to date, been very careful _not_ to define when an
incrementally upgraded computer ceases to be the original computer.
The closest I've seen a Microsoft employee come to this definition 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 PC yourself, and used a generic OEM WinXP CD,
I'd have to conclude that *you* are the OEM, and *you* get to decide
when you're going to stop supporting the system and its OS.


Bruce Chambers

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Bruce Chambers said:
Greetings --

Some people claim that the motherboard is the key component that
defines the "original computer," but the OEM EULA does not make any
such distinction.

According to the EULA, an OEM license may not be transferred from
one distinct PC to another PC. However, this doesn't prevent one from
repairing/upgrading that PC.

Microsoft has, to date, been very careful _not_ to define when an
incrementally upgraded computer ceases to be the original computer.
The closest I've seen a Microsoft employee come to this definition 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 PC yourself, and used a generic OEM WinXP CD,
I'd have to conclude that *you* are the OEM, and *you* get to decide
when you're going to stop supporting the system and its OS.


Bruce Chambers
Click to expand...
That is exactly the impression I get Bruce. I am a builder, and use OEM XP
Pro on my personal systems, as well as install it on many others. The
customer purchases their copies and all I do is install, update and put the
sticker on the case. On my systems, I don't even put the stickers on because
I change them so often. Respectfully, I have never been asked about checking
with the manufacturer or been asked in detail what has changed. I tell them
what I have done, i.e., new motherboard or processor etc. They always are
very nice and reactivate without any hassle. I always stay within the EULA
and the "one copy, one system" . I think that is the main thing they are
concerned with.


Ed
 
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