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
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