OEM Licence problem

U_Fig

I have a desktop at home that is running vista OEM.. the motherboard seems to be dead in it... i am looking to replace the motherboard with another socket 775 and use the existing CPU or upgrade to socket 1155 and upgrade the CPU and ram... is there any way i could use the original licence or will i have to buy a new licence for windows

Capt'n Midnight

sorry
the license lives / dies with the original motherboard unless replaced by the original supplier under warranty

demanufactured

Just install windows 7 on it.

200motels

Capt'n Midnight wrote: »

sorry
the license lives / dies with the original motherboard unless replaced by the original supplier under warranty

True to a point but I had a Compaq laptop and the motherboard died and it wasn't worth getting a new one so I installed 7 on my Compaq desktop instead of Vista and went through the phone activation which initially didn't work, so i spoke to one of their agents and gave her the numbers on the phone activation screen and she then gave me nine sets of numbers and it activated, so give it a go, it might work.

Capt'n Midnight

200motels wrote: »

True to a point but I had a Compaq laptop and the motherboard died and it wasn't worth getting a new one so I installed 7 on my Compaq desktop instead of Vista and went through the phone activation which initially didn't work, so i spoke to one of their agents and gave her the numbers on the phone activation screen and she then gave me nine sets of numbers and it activated, so give it a go, it might work.

WOW

mod
READ THE CHARTER !!! esp. the bit about software you own.

Just because you pull the wool over someone who is almost certainly isn't a Microsoft employee doesn't mean you have a valid license. :mad:

200motels

Capt'n Midnight wrote: »

WOW

mod
READ THE CHARTER !!! esp. the bit about software you own.

Just because you pull the wool over someone who is almost certainly isn't a Microsoft employee doesn't mean you have a valid license. :mad:

Fair point, but the fact that it activated means there's a loophole in Microsoft's activation system.

Overheal

And we've ALWAYS been the place to discuss loopholes. wait no

Soundman

Capt'n Midnight wrote: »

sorry
the license lives / dies with the original motherboard unless replaced by the original supplier under warranty

Doesn't seem to be true anymore the way I am reading what they say on the microsoft site.

http://windows.microsoft.com/en-gb/windows-8/why-activate-windows

Hardware changes

If you made substantial hardware changes to your PC, such as replacing your hard drive or motherboard, you need to contact support to activate Windows by phone.

Fysh

Soundman wrote: »

Doesn't seem to be true anymore the way I am reading what they say on the microsoft site.

http://windows.microsoft.com/en-gb/windows-8/why-activate-windows

That's because you're looking at the wrong page. The clue is the complete absence of the term OEM anywhere on that page.

When you look at the OEM FAQ page, you'll see that under the Transfer Of Licence and Refurbished/Used Computers sections, it is made explicitly clear that OEM licences cannot be transferred across motherboards - with the exception being that the motherboard is a warranty replacement provided by the OEM that supplied the licence.

As always, the technical ability to do something does not equate to the legal right to do it.

anto3473

or you could run 8< [snip] it disables windows activation technology

mod

READ THE CHARTER
NO WAREZ !!!!!!!!

200motels

Fysh wrote: »

That's because you're looking at the wrong page. The clue is the complete absence of the term OEM anywhere on that page.

When you look at the OEM FAQ page, you'll see that under the Transfer Of Licence and Refurbished/Used Computers sections, it is made explicitly clear that OEM licences cannot be transferred across motherboards - with the exception being that the motherboard is a warranty replacement provided by the OEM that supplied the licence.

As always, the technical ability to do something does not equate to the legal right to do it.

Your right.



The End User Software License Terms is granted to the end user by you, the system builder. It is related to the OEM System Builder License for the PC on which it was originally installed.
You are required to support the license on that original PC, but you cannot support a license that has been moved from a PC that you manufactured to one that you did not. This is one of the key reasons an OEM System Builder License can’t be transferred. ​​​​​​​​​​​​​​​​​​​​​


PC Transfer to Another End User

The entire PC, however, may be transferred to another end user, along with the software license rights. When transferring the PC to the new end user, the following must be included:

• Original software media
• Manuals (if applicable)
• Certificate of Authenticity (COA)

It is also advisable to include the original purchase invoice or receipt. The original end user cannot keep any copies of the software.


Generally, an end user can upgrade or replace all of the hardware components on a computer—except the motherboard—and still retain the license for the original Microsoft OEM operating system software. If the motherboard is upgraded or replaced for reasons other than a defect, then a new computer has been created. Microsoft OEM operating system software cannot be transferred to the new computer, and the license of new operating system software is required. If the motherboard is replaced because it is defective, you do not need to acquire a new operating system license for the PC as long as the replacement motherboard is the same make/model or the same manufacturer's replacement/equivalent, as defined by the manufacturer's warranty.
The reason for this licensing rule primarily relates to the End User Software License Terms and the support of the software covered by that End User Software License Terms. The End User Software License Terms is a set of usage rights granted to the end user by the PC manufacturer and relates only to rights for that software as installed on that particular PC. The system builder is required to support the software on the original PC. Understanding that end users, over time, upgrade their PCs with different components, Microsoft needed to have one base component "left standing" that would still define the original PC. Since the motherboard contains the CPU and is the "heart and soul" of the PC, when the motherboard is replaced (for reasons other than defect) a new PC is essentially created. The original system builder did not manufacture this new PC, and therefore cannot be expected to support it.

Soundman

As 200Motels quoted, if the motherboard is replaced due to a defect and is replaced with the same make/model of motherboard that was originally in it (which it sounds like the OP was POSSIBLY doing) then the licence can be re-used.

Capt'n Midnight

Soundman wrote: »

As 200Motels quoted, if the motherboard is replaced due to a defect and is replaced with the same make/model of motherboard that was originally in it (which it sounds like the OP was POSSIBLY doing) then the licence can be re-used.

Check the EULA you agreed to.


Older versions specifically cover warranty replacements by only the OEM.

And building a PC yourself doesn't make you an authorised OEM system builder.



In theory you could download your EULA here , but in practice over the years I've reached the conclusion that Microsoft are making them difficult to find for reasons unknown , or they are just incompetent.
https://www.microsoft.com/en-us/legal/intellectualproperty/UseTerms/default.aspx


here is a NON oem version - so doesn't apply in > 95% of cases
http://download.microsoft.com/documents/useterms/Windows%20Vista_Ultimate_English_36d0fe99-75e4-4875-8153-889cf5105718.pdf

It truly disgusts me how difficult it is to keep up with the minutia of Microsoft licensing and how much time is wasted trying to do it when it changes with every version and the EULA's aren't readily available.

looking_around

From experience call Microsoft, in some cases you can get a new key linked to the new motherboard..

Capt'n Midnight

looking_around wrote: »

From experience call Microsoft, in some cases you can get a new key linked to the new motherboard..

Did you even read the thread ?? :mad:

Capt'n Midnight wrote: »

WOW

mod
READ THE CHARTER !!! esp. the bit about software you own.

Just because you pull the wool over someone who is almost certainly isn't a Microsoft employee doesn't mean you have a valid license. :mad:

Soundman

Capt'n Midnight wrote: »

Did you even read the thread ?? :mad:

I think he meant that even if you are honest with the Microsoft Rep on the phone and tell them that you have replaced X, Y and Z, that they will still issue you a new key to use.

No pulling the wool over their eyes needed or involved. Could be that what is stated on the site is a legal cover for them, but if someone calls up and is nice that they give some leniency. It does happen.

Capt'n Midnight

Soundman wrote: »

I think he meant that even if you are honest with the Microsoft Rep on the phone and tell them that you have replaced X, Y and Z, that they will still issue you a new key to use.

No pulling the wool over their eyes needed or involved. Could be that what is stated on the site is a legal cover for them, but if someone calls up and is nice that they give some leniency. It does happen.

It's still a loophole.

And it's unlikely you will be talking with a Microsoft employee - this to me is the key issue - are you legally covered if someone in a call centre OK's it ?

It's not really fair that some customers get told "ah go on then" while others could be prosecuted, I'd hate to be in a situation where the only defence was that others weren't being taken up on the same offence. Because that's like trying to get out of a speeding fine by pointing out that the RSA free speed surveys show that most people break the 50Km/h limit, just isn't going to work.

Also I don't like the unfairness involved. It hints that argumentative and difficult people might benefit more to get them off the line.

Soundman

Capt'n Midnight wrote: »

It's still a loophole.

And it's unlikely you will be talking with a Microsoft employee - this to me is the key issue - are you legally covered if someone in a call centre OK's it ?

It's not really fair that some customers get told "ah go on then" while others could be prosecuted, I'd hate to be in a situation where the only defence was that others weren't being taken up on the same offence. Because that's like trying to get out of a speeding fine by pointing out that the RSA free speed surveys show that most people break the 50Km/h limit, just isn't going to work.

Also I don't like the unfairness involved. It hints that argumentative and difficult people might benefit more to get them off the line.

Don't get me wrong, I understand completely where you are coming from, and Boards.ie's standpoint on it. But what you said that I have highlighted in bold: If the call is recorded, would that not mean something?

Soundman

Though in saying that, I don't know if they do recall those calls or not.