OEM Restraints

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I have an emachines system that I purchased for my daughter. It has an OEM
version of XP. When I contacted their tech support to ask about replacing the
motherboard, they said that XP was tied to the board and I would have to buy
a new copy. I know that OEM software puts warranty and support on the
distributor instead of the manufacturer, but can it really be dependent on
one piece of hardware?
 
I have an emachines system that I purchased for my daughter. It has an OEM
version of XP. When I contacted their tech support to ask about replacing the
motherboard, they said that XP was tied to the board and I would have to buy
a new copy. I know that OEM software puts warranty and support on the
distributor instead of the manufacturer, but can it really be dependent on
one piece of hardware?

The license for an OEM copy of XP ties it to the computer that it is first
installed on. There were some major changes early this year specifically
dealing with replacement of motherboards on OEM systems.
(http://www.google.com/search?hl=en&q=oem+licensing+changes+2005+new+motherboard)

During the life of a machine, original equipment may need be replaced. At
what point does the computer become so "different" from the original that
it is virtually a different machine than what was purchased. Since the
motherboard is the "base" that all other hardware works off of, many OEMs
have chosen to lock the copy of XP that they provide to the
motherboard/system BIOS. And the motherboard has become the central focus
of the recent licensing changes.

Fact of life - sometimes motherboards fail. If the system is still under
warranty, acquire the motherboard replacement through the OEM. This
replacement should automatically include a usable copy/key of XP - it is
part of the support responsibility the OEM assumes when distributing OEM
licensed copies of XP. If the system is no longer under warranty, then
unfortunately - yes, the info you received is currently correct: a new
license for XP will need to be acquired.
 
I have an emachines system that I purchased for my daughter. It has an OEM
version of XP. When I contacted their tech support to ask about replacing the
motherboard, they said that XP was tied to the board and I would have to buy
a new copy. I know that OEM software puts warranty and support on the
distributor instead of the manufacturer, but can it really be dependent on
one piece of hardware?

Currently, a few Microsoft employees and others are interpreting the
OEM EULA to require a new license for the OS with installation of a
new motherboard.

However, the actual OEM EULA is not clear. It only states that the
license must remain with the "original" computer. Obviously this does
not mean that the "original" computer cannot be upgraded or repaired
without buying a new license, or sold or given to another person,
requiring that person to purchase a new license. So exactly which
upgrades or repairs are allowed with your current license, or when a
computer becomes a "new" computer (let's face it: eventually a
computer could be totally replaced one or more components at a time,
at which point it "technically" would be a "new" computer) is not
spelled out in the EULA.

Since the motherboard is the "heart" of a computer, would installing a
new motherboard ("receiving a heart transplant") mean that the
computer somehow becomes a "new" computer? Ask your the same question
if you were referring to YOUR own heart: Do YOU become a "new"
person, needing a new birth certificate, name, Social Security number,
etc?, if YOU have a heart transplant? You might FEEL like a new
person after a heart transplant, but you are still the same person
that you were before the transplant, but now feel stronger and more
capable.

Donald L McDaniel
Please reply to the original thread
so that conversations may be kept in order
=======================================================
 
I have an emachines system that I purchased for my daughter. It has an OEM
version of XP. When I contacted their tech support to ask about replacing the
motherboard, they said that XP was tied to the board and I would have to buy
a new copy. I know that OEM software puts warranty and support on the
distributor instead of the manufacturer, but can it really be dependent on
one piece of hardware?

It appears to me, that according to the talk between Microsoft
employees cited by Sharon F, you would only have to purchase a new
license if you replaced the motherboard with one which was not
originally installed in your machine. As long as you replace it under
your eMachines warranty, and fulfill the conditions of the eMachines
EULA, the license should remain in effect.

However, according to the article cited, a GENERIC OEM (so-called
"FULL-OEM") is NOT limited in this way. As long as the new
motherboard is being installed to replace a DEFECTIVE one, the license
would remain in effect. However, if you tell the activation person
that you are installing a new motherboard just because you want a new
and different one, the license would lapse.

Donald L McDaniel
Please reply to the original thread
so that conversations may be kept in order
=======================================================
 
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