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chances I need to buy another copy of vista?
- Thread starter charden
- Start date
mechBgon
Super Moderator<br>Elite Member
If you're using OEM Vista, then to maintain a valid license, you'd want to get a new license. If you're using Retail Vista then you're good to go. If you got OEM the first time, but you foresee frequent mobo/CPU/etc upgrades in your next 5 years, it may pay in the long run to get Retail and be done with it.
There will inevitably be several people chiming in that since they got away with reactivating their OEM Windows on a fully-rebuilt system, it must be legit. That's the equivalent of saying that if the cops let you off with a warning, then speeding must be legal. 😉 Anyway, they'll be along shortly, I'm sure.
As for where to get 64-bit Vista, any legit online store. But avoid fly-by-night outfits with too-good-to-be-true prices.
There will inevitably be several people chiming in that since they got away with reactivating their OEM Windows on a fully-rebuilt system, it must be legit. That's the equivalent of saying that if the cops let you off with a warning, then speeding must be legal. 😉 Anyway, they'll be along shortly, I'm sure.
As for where to get 64-bit Vista, any legit online store. But avoid fly-by-night outfits with too-good-to-be-true prices.
Canterwood
Golden Member
Legal or not, if the cops let you off with a warning, are you going to argue?
I think we all know the answer. 😉
mechBgon
Super Moderator<br>Elite Member
Maybe that was the Vista family-upgrade deal. It was a limited-time offer which is now expired: get Vista Ultimate at retail, and you could get two Vista Home Premium Upgrade (not full-ride, just upgrade) licenses for a very low price ($50 each, IIRC), to be used on computers in your home. So that would let you upgrade a couple of other PCs which had, say, WinXP Home Edition on them.
I wouldn't be complaining at being let off with a warning, nope... but I wouldn't make the mistake of thinking it was therefore legal behavior, either. 😉 I try to start with the assumption that people do actually care if their license will be legit or not, then work downward from there as necessary :evil:
RebateMonger
Elite Member
Don't forget that, even with OEM, you can still sell (or otherwise transfer) the Vista license along with the original motherboard that it was installed on.
mechBgon
Super Moderator<br>Elite Member
Yep. Although if the terms of the EULA were complied with, the COA will be adhered to the chassis. And the COA has to go to the new licensee for it to be a legit transfer, so that basically means selling one's chassis as well. NOT what the typical computer enthusiast wants to hear 😉 But that's one of the reasons OEM is cheaper... we pays our money and we takes our choice.
Licensing: The subject we all love to hate 😀
boomerang
Lifer
Hold up a minute. If you have the retail version you can get 64-bit media from Microsoft for $10 shipped IIRC. You haven't said what version you have.
I was of the understanding that some versions of Vista will do either a 32 or 64-bit install. I may be wrong on this. Someone know for certain?
Like I said, you haven't mentioned what flavor you already own.
Edit: A quote from; http://www.winsupersite.com/sh...se/winvista_ff_x64.asp
I should say that you cannot order 64-bit media if you own the OEM version. Been there, done that. Or, I should say, couldn't done that. 😀
bruceb
Diamond Member
No. I never said he should attempt fraud. But it is the general rule at MS
that if the mobo dies, even if it is an OEM OS that they will usually reactivate it.
And the OP never did say if it was an OEM or Retail copy of Vista. Or how long
it has been since it was activated. The activation computer resets after about
6 months or so.
that if the mobo dies, even if it is an OEM OS that they will usually reactivate it.
And the OP never did say if it was an OEM or Retail copy of Vista. Or how long
it has been since it was activated. The activation computer resets after about
6 months or so.
mechBgon
Super Moderator<br>Elite Member
What I'm primarily objecting to, is that you seem to be encouraging someone to fabricate a story ("Explain defective mobo"). Secondarily, I think you know well enough that the OEM license isn't meant to be transferred to what's effectively a different computer, regardless of whether people get away with it. If I'm misunderstanding you, then I'm sorry, but it looks rather clear. We don't encourage piracy enablement around here.
QuixoticOne
Golden Member
Well for one I'd look at the issue of whether the terms in the EULAs are actually *legal* or not.
The answer is 100% CERTAINLY that many EULAs terms (including Microsoft's specifically) are manifestly illegal in certain states and entire countries. In many places in the EU, for instance, you're GUARANTEED by law certain warranties of fitness for a particular purpose, et. al., and several kinds of exchange / replacement / refund rights.
Even in the US here there's ample case law (e.g. the Doctorine of first sale) that would invalidate certain purported EULA restrictions from being in compliance with Federal law, and several courts have upheld that.
Also there's nothing invalid about replacing a mainboard even for OEM software, it's allowed to sell it, and it's allowed to replace a problematic one with a new one as well, as you'd surely expect to be the case.
e.g. if you got a new Dell PC with Vista OEM preinstalled, your motherboard's USB port never works due to a motherboard defect so they swap out your motherboard under warranty you certainly wouldn't expect that they'd be saying "well now the motherboard you paid for actually works, but, uh, sorry, now you need to buy a new OS, bad luck there, will that be cash or charge?".
The STANDARD response to REPAIR virtually all computer problems at most computer repair services like, for instance, Geek Zone, et. al. is to replace the most likely problematic component and reinstall the software from scratch to correct any problem. Even if in most cases it's a software fault or driver fault or whatever, would you consider paying a technician $100 initial fee + $100 / hour + cost of parts to *diagnose* and/or *physically repair* a $75 new cost motherboard? Of course not. If it's not working well enough for the curstomer for whatever potential fault / reason, repairing it == replacing it, then you do a clean reinstall.
The only difference is if YOU buy the OEM software, YOU are the OEM, you're the one that has to "warranty" the computer to perform up to some level of reliability / performance / expectation. If there's any problem with it satisfying your expectations of reliability in a reasonable 'warranty' period (e.g. 1 year or whatever) it's perfectly normal and accepted industry practice to replace any part(s) of it as quickly as possible to get back to business with minimum cost / diagnostics / delay.
So if the OEM (i.e. you) have a problem with the function of your existing PC of course you have a right to replace any problematic parts of it with alternative ones so that the overall system functions stably and suitably for you. If it didn't do so if you bought it from DELL, HP, COMPAQ, you'd certainly return it for refund / repair. No difference if you're the OEM, repair it or get your money back for the problematic parts, etc. but there's NO reason you'd lose the right to use UNRELATED parts of the system just because it was necessary to do some replacements / alterations to other parts of the system for whatever stability / functionality / compatibility defects you've had.
So in most cases I don't see that there's any problem in saying one has had to repair the function of a system and incidental to doing so made X, Y, Z changes to the hardware. It is still your computer SYSTEM, and that is what Vista is licensed to, just because I replace / repair parts of it, it's still my system, and I'm still not using the software on any OTHER and additional system, which is really all MS probably has legally the right to be concerned about in most jurisdictions however much they may prefer to deceive customers into believing.
The answer is 100% CERTAINLY that many EULAs terms (including Microsoft's specifically) are manifestly illegal in certain states and entire countries. In many places in the EU, for instance, you're GUARANTEED by law certain warranties of fitness for a particular purpose, et. al., and several kinds of exchange / replacement / refund rights.
Even in the US here there's ample case law (e.g. the Doctorine of first sale) that would invalidate certain purported EULA restrictions from being in compliance with Federal law, and several courts have upheld that.
Also there's nothing invalid about replacing a mainboard even for OEM software, it's allowed to sell it, and it's allowed to replace a problematic one with a new one as well, as you'd surely expect to be the case.
e.g. if you got a new Dell PC with Vista OEM preinstalled, your motherboard's USB port never works due to a motherboard defect so they swap out your motherboard under warranty you certainly wouldn't expect that they'd be saying "well now the motherboard you paid for actually works, but, uh, sorry, now you need to buy a new OS, bad luck there, will that be cash or charge?".
The STANDARD response to REPAIR virtually all computer problems at most computer repair services like, for instance, Geek Zone, et. al. is to replace the most likely problematic component and reinstall the software from scratch to correct any problem. Even if in most cases it's a software fault or driver fault or whatever, would you consider paying a technician $100 initial fee + $100 / hour + cost of parts to *diagnose* and/or *physically repair* a $75 new cost motherboard? Of course not. If it's not working well enough for the curstomer for whatever potential fault / reason, repairing it == replacing it, then you do a clean reinstall.
The only difference is if YOU buy the OEM software, YOU are the OEM, you're the one that has to "warranty" the computer to perform up to some level of reliability / performance / expectation. If there's any problem with it satisfying your expectations of reliability in a reasonable 'warranty' period (e.g. 1 year or whatever) it's perfectly normal and accepted industry practice to replace any part(s) of it as quickly as possible to get back to business with minimum cost / diagnostics / delay.
So if the OEM (i.e. you) have a problem with the function of your existing PC of course you have a right to replace any problematic parts of it with alternative ones so that the overall system functions stably and suitably for you. If it didn't do so if you bought it from DELL, HP, COMPAQ, you'd certainly return it for refund / repair. No difference if you're the OEM, repair it or get your money back for the problematic parts, etc. but there's NO reason you'd lose the right to use UNRELATED parts of the system just because it was necessary to do some replacements / alterations to other parts of the system for whatever stability / functionality / compatibility defects you've had.
So in most cases I don't see that there's any problem in saying one has had to repair the function of a system and incidental to doing so made X, Y, Z changes to the hardware. It is still your computer SYSTEM, and that is what Vista is licensed to, just because I replace / repair parts of it, it's still my system, and I'm still not using the software on any OTHER and additional system, which is really all MS probably has legally the right to be concerned about in most jurisdictions however much they may prefer to deceive customers into believing.
mechBgon
Super Moderator<br>Elite Member
Microsoft doesn't sell Windows, so you cannot "buy" it 😉 They make Windows, they own Windows, and they will license Windows to you if you agree to certain conditions. It's not a sale, more of a contract. Agreeing to a certain set of conditions allows you to license and use Windows for about half-price (OEM), while agreeing to a different set of conditions allows you to license and use it on computer after computer after computer, for full price (Retail).
I guess I better email my contact guy and let him know that there's still room for confusion, or perhaps for creative interpretation 😉
VirtualLarry
No Lifer
I think it's a rather large stretch to call using what you paid for, as "piracy".
apoppin
Lifer
Better call your buddy .. "adhered" does not mean with Super glue
--it also does not spell out that you must remove the backing as part of 'compliance'
if MS is going to be 'technical', i also have that right of interpretation and the choice of giving them or myself any benefit of the doubt. It is a matter of conscience in many cases.
MS has had *years* - and the best lawyers in the world - to clearly spell out their EULA and *still* it is absolutely open to interpretation and much of it is 'gray area' ... that is why there are courts and lawyers constantly fighting over it.
imo, i would just call MS and see what they say 😉
-never mind this forum and the conscience of others
--IF an official representative of MS allows it, you will get your code and your conscience can be clear.