OEM Clarification - Overclock.net

**BFRD** · 02-07-07

I am tired of reading so many posts suggesting that you may install an OEM copy of a Windows OS on multiple computers and still retain a proper license. Just because you call up and ask for a license key and you are given one does NOT make it OK. Not getting caught is not the same thing as being allowed. The operators that are manning those phone lines do not have the training (or inclination) to determine if you are installing on a new machine or not. The license is clear; OEM = one machine only.

OEM licenses are cheaper for a reason, and it has very little to do with not having a box. It is cheaper because eventually you will need a new machine and will then have to buy another copy of the OS. So next time someone suggests that installing an OEM OS on a new (read: not the original) computer is OK; will get a Piracy Infraction.

Notes:

Minor hardware changes are permitted
A motherboard change is never minor
Hardware failure may not allow you to re-activate a license
This thread is about licensing not morality
MS will often allow you to re-activate even though they shouldn't, they have stated this will not protect you from prosecution
If you are upset about the licensing issues of OEM software complain to your system builder

Helpful links

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Here is a nice article that restates some of these facts.
http://arstechnica.com/news.ars/post/20070130-8730.html

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Originally Posted by rabidgnome229

This page explains what you can/can't do

The license states that it is good for 1 PC only. Microsoft has defined 'PC' as a mobo for the license (used to be an HDD IIRC) so your license lives and dies with the mobo

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Originally Posted by noobdown

You can find a phone number here: http://support.microsoft.com/contact...rt/?ws=support

**BFRD** · 04-24-07

Update: I spent about an hour on the phone with Microsoft this morning to try and get some more detailed answers.

Here is a document written primarily for Educator Systems Admins, but I have been assured that the OEM portions apply to all OEM products (XP & Vista included).

Here are some snippits:

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What is the difference between OEM product and Full-Packaged Product (FPP)?

ANSWER. OEM products are intended to be preinstalled on hardware before the end user purchases the product. They are “shrink wrapped” and do not come in a box like the retail products do. Full-Packaged Product (FPP) is boxed with CD(s), manuals, and the EULA and is sold in retail stores in individual boxes. The End User License Agreements (commonly referred to as “EULAs”) for OEM and FPP products are slightly different. One main difference is that an OEM operating system license (such as the license for Windows) cannot be transferred from its original PC to another PC. However, the FPP version of Windows may be transferred to another PC as long as the EULA, manual and media (such as the backup CD) accompany the transfer to the other PC. Also, when a customer purchases an OEM product, the OEM license requires the OEM to provide support for the product.

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Can I transfer my operating system license from an old PC to a new one?

ANSWER. Not unless it was purchased as a Full-Packaged Product from a retail store (i.e., Windows in a box). Current OEM licenses for all Microsoft operating system products are not transferable from one machine to another. The End User License Agreement (EULA) governs the terms for transfer of licenses. Some EULAs for copies of certain older OEM operating system products (i.e., MS-DOS®, Windows® 3.1, and Windows for Workgroups 3.1) distributed in 1995 or earlier may permit transfer of the OEM operating system software license under limited circumstances. (See Software Product Transfer section of your End User License Agreement.)

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If I “retire” a PC with an OEM license on it, can I use that software on a new PC?

ANSWER. No. To put it simply, OEM product is “married” to the original PC on which it was installed. Current OEM licenses are not transferable from one machine to another. The software cannot be moved from PC to PC, even if the original PC it was installed on is no longer in use. This is true for all OEM software – operating systems and applications.

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Rather than purchase completely new PCs, my organization performs in-place upgrades to the hardware on many of our computers. We often times only replace the motherboard, processor, and memory. Since the COA is still on the case and the OS is still installed on the hard drive, this computer is still licensed, right?

ANSWER. Generally, you may upgrade or replace all of the hardware components on your computer and maintain the license for the original Microsoft OEM operating system software, with the exception of an upgrade or replacement of the motherboard. An upgrade of the motherboard is considered to result in a "new personal computer." Microsoft OEM operating system software cannot be transferred from one computer to another. Therefore, if the motherboard is upgraded or replaced for reasons other than a defect then a new computer has been created, the original license expires, and a new full operating system license (not upgrade) is required. This is true even if the computer is covered under Software Assurance or other Volume License programs.

I asked for specific clarification on the following secion:

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Therefore, if the motherboard is upgraded or replaced for reasons other than a defect then a new computer has been created, the original license expires, and a new full operating system license (not upgrade) is required.

Microsoft defines a defect by the warranty period of the device or motherboard (for home built machines). If you buy a Dell and it breaks and they replace it with a different machine, then they are responsible for replacing the voided OS license. (I suspected this was the case, and it was confirmed). In the case of a home built machine, if the motherboard is replaced via an RMA from the manufacturer and replaced with the identical model, than you are not breaking the license by reactivating.

I also asked specifically about cases where the MS activation line will give out activation codes for invalid licenses. He acknowledged that this practice does occur and stresses that you will not be proteced if audited. You are expected to follow the licensing guidlines. If you request a re-activation code for a new machine (as defined above) you may still be prosecuted even if you were given the code from Microsoft. Granted that you would have to be audited, but there was a suggestion that changes to that specific area might be forthcoming.

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Also I now have the number of the department that will verify any licensing questions. There are tons of departments that you might get tossed around to, but the following number should get you directly to the guys that can answer OEM specific license questions.

1-800-426-9400 (option 6 - System Builders)

**Note
This document does contain a broken link that seems like it would describe in more detail what minor hardware changes are allowed. I have a second request into Microsoft for an updated link.

**BFRD** · 04-24-07

Here is a link to the missing document referenced above. I do realize there are differences between XP and Vista, but as I found out this morning the only seem to apply to retail copies and when the retail copy requires re-activation (which can be done as often as required).

Update: Thread Closed.

Initially I had wanted to keep this thread open for discussion. However, that has become overly frustrating. Microsoft has created a product and they can decide how they want to enforce thier license. Here, we will enforce the rules set forth by microsoft as confirmed by the License Specialist. You may not agree with thier rules (or ours) but that doesn't change how they will be enforced. If Microsoft says you can be held accountable for (truthfully) aquiring a key from thier staff then that is what it is. Many laws don't make any sense, but we still must abide by them.

I will be happy to discuss this with anyone, send me a PM or catch up with me in the chat room.

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OEM Clarification

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