Michael C wrote:
Last night I upgraded a customers machine with new motherboard, cpu, memory,
video card, netcard and soundcard. The only thing that was the same was the
HDD, dvd drive, tape backup and scsi card. I was having trouble with the
internet so I phoned MS to activate XP again. After it activated I asked him
what the limit is to hardware change before XP won't activate. He said that
XP oem has to always remain on the same PC to be activated. In return I
asked "what constitutes the same PC?". He kept going around in circles and
not answering my question and just stating that it has to always remain on
the same PC. He never gave me a definition of what "same PC" means. In the
end I asked if it was more of a policy than a technical limitation and he
said "thank you for calling microsoft to activate your software" and hung
up!
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.
(Licensed Microsoft Systems Builders, who are allowed to distribute
OEM licenses with computers they sell, are contractually obligated to
"define" the computer as the motherboard, but this limitation/definition
can't be applied to the end user until the EULA is re-written.)
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.
I suspect that means that it can be installed on a completely new machine
and will activate ok. Is that true?
That depends on the type of OEM installation CD provided. Major OEMs
frequently design the CDs so that the license *cannot* be installed on
other hardware. OEM Recovery/Restore CDs are the same. Further,
Microsoft has just tightened the activation policy in regards to OEM
licenses distributed by the major OEMs.
A generic OEM CD, however, will install on any compatible computer.
So, can an OEM license be moved to a completely different computer?
Yes, if CD isn't locked to a specific BIOS, if the second computer is
compatible, and if the license holder lacks the integrity to abide by
the terms of the EULA, to which he has already agreed to respect. (If
you have such a customer, insist that he pay in cash. You won't be able
to trust his checks or his credit.)
--
Bruce Chambers
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