My last PC build (an AMD system) used an OEM copy of Windows 7 that i purchased from Scan.co.uk. I was told it would only work with a single system as the COA code gets tied in with the motherboard when activated... This doesn't appear to be that case as i upgraded that PC to an Intel Core i5 2500 PC (obviously with a new motherboard too) and my OEM copy of Windows 7 activated first time with no issues at all
Am i just lucky?
Possibly, but there is an End User Licence Agreement you accepted when you installed the software for the first time.
Unless one of the grounds applies (which I believe is mainly complete hardware failure) then you've just admitted a breach of that agreement. Microsoft, if they so wished could take you to court (it is a Civil matter) and claim damages & costs.
As to whether they will....not heard of it yet, but I wouldn't bank on that....
There's also the argument that involves upgrading 3 or more components to make OEM windows invalid, i only replaced 2 (albeit major one's)... Anyway, i don't see how i've caused them 'damages' if thats what they want to call it. If they are that bothered then they should tighten up their activation securityOriginally Posted by dave87
It's an error on their part (thats how i see it)... And i shouldn't really have to pay another £70+ on a piece of software just because i upgraded 2 core components, it's ridiculous (and a bit greedy to be honest)! The rest of the system remains the same. Maybe they've just loosened up a bit?
That isn't the point.
The End User Licence Agreement is a contract. You accepted that contract when you installed Windows, and are therefore bound by the terms and conditions contained therein.
You break those terms or conditions and there are a variety of remedies in English Law, one of which is damages. It isn't about fairness (except in regard that should the term or condition of the contract be ruled unfair by virute of UCTA or one of the various other statutes which govern contractual relationships in England and Wales) but what the contract provides.
I personally think the Windows OEM section is a grey area as the end user agreement has had quite a few alterations over the years. I might actually read it the Windows 7 one now
Just because a contract is amended over the years doesn't make it a grey area.I personally think the Windows OEM section is a grey area as the end user agreement has had quite a few alterations over the years. I might actually read it the Windows 7 one now
What it does mean is that if it is different from the EULA that was attached to another piece of software (ie Windows XP/Vista etc) then it will have different provisions. Logical that bit....
MS are not very specific on what hardware you can and can't change when using an OEM version of Windows... That also makes it a bit grey to me.
I'm pretty sure it was 3 or more hardware changes that will affect the OEM version. A user on the MS answers site mentioned changes (but not how many at one time) to the following hardware:
*Display Adapter
*SCSI Adapter
*IDE Adapter
*Network Adapter (including the MAC Address)
*RAM Amount Range (e.g. 0-512 MB)
*Processor Type and Serial Number
*Hard Drive Device and Volume Serial Number
*Optical Drive (e.g. CD-ROM)
... Can't seem to find anything 'official' at the moment.
The fact that the license is sold as OEM should give you a pretty big clue: it's aimed at the box shifters like Dell, Advent and the like. It's available in the retail channel but in essence it lives and dies on the machine you install it to. Let's be reasonable: if I upgrade my C2D system to an i7 (replacing the mobo, cpu and RAM as I do so) the computer isn't the same machine that I built a few years ago, even though it's in the same case, same disks, same GPU and optical drives. I should imagine that it'd be people like yourselves who would complain if they *did* tighten up the activation (and who's to say that they won't?).
If you're not going to use software under the terms that you agree to when you install then you shouldn't use it at all.
Reading the OEM EULA that is attached to Windows 7 Professional (what I'm running on this machine) it limits the licence to the computer it is installed on and has no provisions for replacement computers.
Those, as far as I can tell, are the relevant provisions in the EULA.
If you want to read it for yourself click here
Once again, people don't understand the difference between licensing and technology.
The "three devices" thing is one of the technical measures which has previously used by some versions of Windows to trigger a reactivation, on the grounds that excessive changes may constitute usage of a replacement PC. The license, i.e. the contract you agreed to when you opened the packaging for OEM Windows, doesn't care about three devices - it cares about one. It is contractually tied to the motherboard, except in cases of direct replacement for cases of hardware failure. Reactivation is NOT A CAUSE FOR CONCERN IF YOUR LICENSING IS VALID. Nobody seems to understand this point either. You can activate as often as you need to, as long as you follow the contract you agreed with Microsoft.
We don't care whether [i]in practice/i] you're able to get away without buying a new license when your contract requires you to - in all likelihood you're right, you'll get away with it. But the reason you got Windows for a reduced price is because the contract you agreed to requires that it be locked to one motherboard.
Why is it their fault? You bought OEM but If you had bought RETAIL then it would be perfectly legal to move your licence to a new machine.And i shouldn't really have to pay another £70+ on a piece of software just because i upgraded 2 core components, it's ridiculous
http://www.microsoft.com/OEM/en/lice...nsing_faq.aspx
Straight from the horses proverbial
. Can a PC with an OEM Windows operating system have its motherboard upgraded and keep the same license? What if it was replaced because it was defective?
A. 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.
If at a later stage you find yourself having to reactivate your OS. Give the activation number a ring first they don't bite or have men in gas masks break through your windows. You might be surprised in how human they are.
Last edited by Pilgrim_uk; 20-12-2011 at 12:45 AM.
directhex (20-12-2011)
Let's put it this way.
Windows 7 Home Premium is £125 from microsoft.com direct. This is your software to own, and you can do what you want with it, including recycling it across multiple major PC replacements.
As a special discount, if and only if they agree to four major license concessions, system builders can get essentially the same software for around £75 from third-parties like Scan. Those special concessions are 1) you can only use OEM on a new PC, not an upgrade on an old PC; 2) you cannot re-use OEM on more than one PC, defined by the motherboard - scrap the mobo, bin Windows; 3) you must attach the CD Key sticker to the outside of your case, and 4) all tech support rights from Microsoft are lost - your tech support comes from your OEM systems integrator, i.e. the person or company that built your PC (which might be you).
If you don't want to settle for the "Lite" version of the license, then buy the regular version for £125
I don't want to hijack the thread but seeing as it's getting all legal...
What are the views on academic licences? I bought Windows XP when I was in college, I still have it and recently uninstalled it from a previous hard drive, and I will be installing it into another machine to upgrade to a version of windows 7 (Please not these are not OEM licences but academic upgrade) which will be the full version of Home Premium.
I wouldn't bother asking, you'll end up getting lectured or flamed by people who think they've never 'bent' or broken any rules or overlooked any licenses/contracts in their entire lives. I say go ahead and do what you want, it's your choice
Depends on how you got it in college. There are various ways Microsoft make their software available to students. Some licenses (e.g. the "ultimate steal") offer have an academic requirement for purchase but not for use i.e. you can keep using the software afterwards. Other ways of supplying software, e.g. MSDNAA, do not grant that right
You asked a question (a valid one, I might add). After being given an answer you didn't like, you wanted to argue the case. I made no comment about what I have or haven't done as that is largely irrelevant to this thread, so from this thread, I struggle to see the basis on which you make that assumption.I wouldn't bother asking, you'll end up getting lectured or flamed by people who think they've never 'bent' or broken any rules or overlooked any licenses/contracts in their entire lives. I say go ahead and do what you want, it's your choice
As to the last part, I wholly agree. However I also believe that people should have access to all the information relevant such that they can make an informed decision. What one person believes or doesn't believe won't carry much weight in court, though the specific terms and conditions in the contract will.
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