OEM vs Retail Version

  • Thread starter Thread starter Mobius
  • Start date Start date
I will disagree with this: "only hardware component you cannot change is the
motherboard model"...I had to replace a motherboard just two months ago,
installed a different motherboard (Gigabyte to ASUS) and reformated with my
OEM version. Re-activation was required but other than that...no problems.
Click to expand...

Just because it "works" that way does not mean that it's permitted
according to the rules that MS has set forth in the OEM rules. I've seen
the same thing, change MB and it reactivates fine, but that doesn't mean
it was an approved OEM change.
And I will add to this: "cannot be transferred to a different computer in
the future". This is only valid if the 'different' computer is for someone
else. If you are replacing 'your' computer, its ok.
Click to expand...

The OEM installation is tied to the first computer, it doesn't say first
owner, so, if you take MS's definition of what a computer is, it means
the first motherboard it's installed with and can only be moved to
another motherboard if that original motherboard fails and the OEM
agrees to the new motherboard. According to MS.
My 2 bits.
Click to expand...

We all have opinions, some of us also have the vendors definitions that
we utilize to form our opinions.
 
Ok, let me get this straight. I buy a computer (custom build) and install
Windows XP OEM. A while later, my motherboard fries because of a bad power
supply or just because its a piece of junk. So, I go an buy a different
brand of motherboard and install it, reformat my computer and re-install
Windows XP OEM. You're telling me I'm doing this against the EULA?
Click to expand...

Microsoft is quite clear about this - if the OEM agrees to the
replacement of a DEFECTIVE motherboard with a different motherboard,
then you're in the clear and can reuse the OEM license with the new
motherboard.

There is one gotcha in this - some vendors lock the installation process
so that it requires a code in the motherboards BIOS that is checked
during installation/booting and without that BIOS it will not work
properly. If they agree to replace the board without such a BIOS they
are also responsible to give you another activation - but, most vendors
that use that method do not agree to a DIFFERENT motherbaord and won't
give you a new activation because of that.
 
This is fine if you have a "Vendor" computer. I custom built my own and
have replaced parts for the last two years whether its an upgrade or
failure.

I'll never buy from vendors like Dell, Gateway, or the local guy down the
street anyways. To much bloated software and cheap components. Once I had
to call a so called tech because of a family members computer and this tech
person tried to explain to me where the start button was. Made me laugh and
he got upset that I wasn't listening to him because all I wanted to know was
if this computer could add a second hard drive (never tried to open the
vendor case to find out cuz I have enough stress at work). It was a short
phone call anyways.
 
Mobius said:
What are the differences between Windows XP Pro Full Retail version CD and
an OEM CD, contentwise, functionwise, or otherwise?
Click to expand...


There are some very important reasons that an OEM license costs so
much less than a retail license. OEM licenses are very limited:

1) OEM versions must be sold with a piece of non-peripheral
hardware (normally a motherboard or hard drive, if not an entire PC,
although Microsoft has greatly relaxed the hardware criteria for WinXP)
and are _permanently_ bound to the first PC on which they are installed.
An OEM license, once installed, is not legally transferable to another
computer under any circumstances. This is the main reason some people
avoid OEM versions; if the PC dies or is otherwise disposed of (even
stolen), you cannot re-use your OEM license on a new PC. The only
legitimate way to transfer the ownership of an OEM license is to
transfer ownership of the entire PC.

2) Microsoft provides no free support for OEM versions. If you
have any problems that require outside assistance, your only recourse is
to contact the manufacturer/builder of the PC or the vendor of the OEM
license. This would include such issues as lost a Product Key or
replacing damaged installation media. (Microsoft does make allowances
for those instances when you can prove that the OEM has gone out of
business.) This doesn't mean that you can't download patches and
service packs from Microsoft -- just no free telephone or email support
for problems with the OS.

3) An OEM CD cannot be used to perform an upgrade of an earlier
OS, as it was designed to be installed _only_ upon an empty hard drive.
It can still be used to perform a repair installation (a.k.a. an
in-place upgrade) of an existing WinXP installation.

4) If the OEM CD was designed by a specific manufacturer, such as
eMachines, Sony, Dell, Gateway, etc., it will most likely only install
on the same brand of PC, as an additional anti-piracy feature. Further,
such CDs are severely customized to contain only the minimum of device
drivers, and a lot of extra nonsense, that the manufacturer feels
necessary for the specific model of PC for which the CD was designed.
(To be honest, such CDs should _not_ be available on the open market;
but, if you're shopping someplace on-line like eBay, swap meets, or
computer fairs, there's often no telling what you're buying until it's
too late.) The "generic" OEM CDs, such as are manufactured by Microsoft
and sold to small systems builders, don't have this particular problem,
though, and are pretty much the same as their retail counterparts, apart
from the licensing, support, and upgrading restrictions.


Just wanted to know this out of academic curiosity.
Click to expand...


"Academic curiosity?" Does this mean that you asking us to do your
homework for you, rather than ding your own research? ;-}


--

Bruce Chambers

Help us help you:



You can have peace. Or you can have freedom. Don't ever count on having
both at once. - RAH
 
Carey said:
OEM versions of Windows XP:

-- cannot upgrade over an existing Windows installation.
-- must be installed "clean" on a freshly reformatted drive or partition.
-- cannot be transferred to a different computer in the future.
-- only hardware component you cannot change is the motherboard model.
Click to expand...


Nothing in the OEM EULA binds it to the motherboard, Carey. Don't
confuse restrictions placed upon System Builders with those placed upon
end users.

-- the license cannot be sold or transferred to another user.
Click to expand...


Not entirely correct, strictly speaking. An installed OEM license can
be transferred to another owner as long as the computer on which it is
installed is also transferred.

-- are not eligible for free Microsoft technical support.
-- any problems whatsoever with the installation CD or Product Key.
is not eligible for Microsoft support....you have to deal with the "seller".
-- cost less than "retail versions" due to the above limitations/risks.

Best Advice: Purchase a "Retail Version" of Windows XP!
Click to expand...

"Best" Advice is entirely situational. An OEM license may well suit
the needs of many people.

--

Bruce Chambers

Help us help you:



You can have peace. Or you can have freedom. Don't ever count on having
both at once. - RAH
 
Mobius said:
As Ken Blake pointed out, I was indeed talking about a generic OEM version
(like those sold on eBay, as one example).
Click to expand...


Unfortunately, you can't count on only generic OEM CDs being sold on
eBay. These newsgroups have a great many posting from people who
purchased branded (i.e., Dell) OEM CDs via eBay and now wonder why the
OS won't install on their Compaq or eMachines PC.

One should be very careful buying any software on eBay, as eBay makes
absolutely *no* prior effort to ensure that such sales are legitimate;
they react only if and when someone files a complaint. And then all
that really happens is the seller of the pirated software returns the
next day using a different alias, to continue selling illegitimate
licenses.



--

Bruce Chambers

Help us help you:



You can have peace. Or you can have freedom. Don't ever count on having
both at once. - RAH
 
Hello Bruce -

Microsoft recently made some changes to their OEM
licensing requirements. Sellers who offer Microsoft
OEM versions of Windows XP are suppose to make
this disclosure:

"Purchasers of this software are required to comply with the terms
of the System Builder License, including responsibility for providing
all end-user support."

Example: http://www.newegg.com/Product/Product.asp?Item=N82E16837102153

I have assumed that if an End User purchases an OEM version of Windows XP,
the End User must now comply with the System Builder license as well as
the OEM EULA.

Please feel free to correct me if I'm making an incorrect assumption
as I value your opinion.

Respectfully,

Carey Frisch
Microsoft MVP
Windows - Shell/User

-------------------------------------------------------------------------------------------

:

in message | Carey Frisch [MVP] wrote:
| > OEM versions of Windows XP:
| >
| > -- cannot upgrade over an existing Windows installation.
| > -- must be installed "clean" on a freshly reformatted drive or partition.
| > -- cannot be transferred to a different computer in the future.
| > -- only hardware component you cannot change is the motherboard model.
|
|
| Nothing in the OEM EULA binds it to the motherboard, Carey. Don't
| confuse restrictions placed upon System Builders with those placed upon
| end users.
|
|
| > -- the license cannot be sold or transferred to another user.
|
|
| Not entirely correct, strictly speaking. An installed OEM license can
| be transferred to another owner as long as the computer on which it is
| installed is also transferred.
|
|
| > -- are not eligible for free Microsoft technical support.
| > -- any problems whatsoever with the installation CD or Product Key.
| > is not eligible for Microsoft support....you have to deal with the "seller".
| > -- cost less than "retail versions" due to the above limitations/risks.
| >
| > Best Advice: Purchase a "Retail Version" of Windows XP!
| >
|
| "Best" Advice is entirely situational. An OEM license may well suit
| the needs of many people.
|
| --
|
| Bruce Chambers
|
| Help us help you:
|
|
|
| You can have peace. Or you can have freedom. Don't ever count on having
| both at once. - RAH
 
Carey said:
Hello Bruce -

Microsoft recently made some changes to their OEM
licensing requirements. Sellers who offer Microsoft
OEM versions of Windows XP are suppose to make
this disclosure:

"Purchasers of this software are required to comply with the terms
of the System Builder License, including responsibility for providing
all end-user support."

Example: http://www.newegg.com/Product/Product.asp?Item=N82E16837102153

I have assumed that if an End User purchases an OEM version of Windows XP,
the End User must now comply with the System Builder license as well as
the OEM EULA.

Please feel free to correct me if I'm making an incorrect assumption
as I value your opinion.
Click to expand...

I see where you're coming from, but unfortunately, until the EULA to
which the end user agrees is changed, that condition can't reasonably be
expected to apply apply. It certainly looks like it applies to a person
who purchases the OEM Systems Builder Pack to install upon a computer
he/she is building for sale or transfer to another, although I'd have to
see an updated EULA to form a better opinion. However, there's still
nothing there to indicate that this would apply to an individual generic
OEM license. And remember, the terms of the System Builder license are
unavailable to the general consumer, including the hobbyist who builds
his own system.

The consumer who purchases a PC from a Systems Builder has never seen
nor agreed to be bound by the Systems Builder license. His only
licensing contract is the EULA. And the EULA doesn't prohibit the
consumer from changing *any* components.


--

Bruce Chambers

Help us help you:



You can have peace. Or you can have freedom. Don't ever count on having
both at once. - RAH
 
Carey said:
Hello Bruce -

Microsoft recently made some changes to their OEM
licensing requirements. Sellers who offer Microsoft
OEM versions of Windows XP are suppose to make
this disclosure:

"Purchasers of this software are required to comply with the terms
of the System Builder License, including responsibility for providing
all end-user support."

Example: http://www.newegg.com/Product/Product.asp?Item=N82E16837102153
Click to expand...

Appendum:


I've just read that Systems Builder license for the third time. I
can't find anything that even hints that one can't replace the
motherboard. In fact, the only time the motherboard is mentioned, is in
the definition of what constitutes a complete system for the purposes of
distribution.

The subjects of repairing or upgrading the system, or of not
distributing the software (iow, keeping it for oneself) are not even
addressed, as far as I can tell.

We're still in a very grey area. Microsoft really needs to make their
intentions clearer.


--

Bruce Chambers

Help us help you:



You can have peace. Or you can have freedom. Don't ever count on having
both at once. - RAH
 
Bruce said:
Appendum:


I've just read that Systems Builder license for the third time. I
can't find anything that even hints that one can't replace the
motherboard. In fact, the only time the motherboard is mentioned, is in
the definition of what constitutes a complete system for the purposes of
distribution.

The subjects of repairing or upgrading the system, or of not
distributing the software (iow, keeping it for oneself) are not even
addressed, as far as I can tell.

We're still in a very grey area. Microsoft really needs to make
their intentions clearer.
Click to expand...
I think their intentions are very clear, make as much money as possible :-)

gls858
 
gls858 said:
I think their intentions are very clear, make as much money as possible :-)

gls858
Click to expand...


What?! A business that tries to turn a profit? Who ever heard of such
an outlandish thing?


--

Bruce Chambers

Help us help you:



You can have peace. Or you can have freedom. Don't ever count on having
both at once. - RAH
 
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