mainboard died in emachines junk, is the oem key still usable?

spaceman

Lifer
Dec 4, 2000
17,616
183
106
basically an all in one emachine junk i had for a spare died, however it has a valid oem xp liscense, id like to use it on another machine in the house.is this legal?
 

Phoenix86

Lifer
May 21, 2003
14,644
10
81
No. Using it on another PC is not kosher. The licenses is tied to *that* mobo, if it breaks it can be replaced, but it still has to be that system.

"In house", IE corporate/busniess use, should be using VLA keys, not OEM. VLA/Retail does not have this limit.

Because of this limit, enthusiasts should purchase retail, not OEM OS licenses.

edit: this is also what makes all those "Dell OEM" keys for sale all over the net illegal.
 

Rubycon

Madame President
Aug 10, 2005
17,768
485
126
Sure why not?

The original computer died so this is no different than removing and installing on another computer. If the shoe fits, wear it! :)
 

spaceman

Lifer
Dec 4, 2000
17,616
183
106
Originally posted by: mzkhadir
no.

ok.so if i put in a new mainboard and cpu in the emachines case..which would need to be done to get the machine to function, the liscense would no longer be valid...i know id have to phone ms, but obviosly the key has some validity as it is not be used by anything atm.
 

spaceman

Lifer
Dec 4, 2000
17,616
183
106
Originally posted by: Phoenix86
No. Using it on another PC is not kosher. The licenses is tied to *that* mobo, if it breaks it can be replaced, but it still has to be that system.

"In house", IE corporate/busniess use, should be using VLA keys, not OEM. VLA/Retail does not have this limit.

Because of this limit, enthusiasts should purchase retail, not OEM OS licenses.

edit: this is also what makes all those "Dell OEM" keys for sale all over the net illegal.

what is the deciding part that defines a system?
the case? a hunk of metal?
the mainboard?=why?
i paid for this machine and it is way out of warranty.
 

Phoenix86

Lifer
May 21, 2003
14,644
10
81
Originally posted by: ncircle
Originally posted by: Phoenix86
No. Using it on another PC is not kosher. The licenses is tied to *that* mobo, if it breaks it can be replaced, but it still has to be that system.

"In house", IE corporate/busniess use, should be using VLA keys, not OEM. VLA/Retail does not have this limit.

Because of this limit, enthusiasts should purchase retail, not OEM OS licenses.

edit: this is also what makes all those "Dell OEM" keys for sale all over the net illegal.

what is the deciding part that defines a system?
the case? a hunk of metal?
the mainboard?=why?
i paid for this machine and it is way out of warranty.

Mainboard. Why? Because that's what's in the OEM agreements. :)

Replace the mobo, just like you would if it was in warranty. ;)

All you ever wanted to know about OEM licenses, and more.
 

Injury

Lifer
Jul 19, 2004
13,066
2
81
The question is "Who is going to stop you?"

It's against the EULA to take it from one machine to the next, but that's stupid if the first machine is no longer working.

You've paid for an OEM license, use it on another machine if the one it came with dies. You aren't going to go to jail.

The BIGGEST stress point in OEM licenses is that they are not for re-sale without the original machine or without hardware.
 

Anubis

No Lifer
Aug 31, 2001
78,712
427
126
tbqhwy.com
just use it

ive been useing the same OEM XP Pro CD/Key for years now, every time i build a new computer io use it, its only ever on 1 active comp at a time
 

Phoenix86

Lifer
May 21, 2003
14,644
10
81
Originally posted by: Injury
The question is "Who is going to stop you?"

It's against the EULA to take it from one machine to the next, but that's stupid if the first machine is no longer working.

You've paid for an OEM license, use it on another machine if the one it came with dies. You aren't going to go to jail.

The BIGGEST stress point in OEM licenses is that they are not for re-sale without the original machine or without hardware.

If this is a business, how about the BSA? The company I work for was fined hundreds of thousands of dollars in fines about a year before I got here. You don't screw around with licenses in a business environment. Sure you can "get away" with this at home, I'll let you be your own moral judge, it is however against the agreement.

The simple retort is: Why'd you buy a limited license in the first place? Non-OEM licenses (VLA, retail, EDU, etc) do not have this limit.
 

PlatinumGold

Lifer
Aug 11, 2000
23,168
0
71
Originally posted by: Phoenix86
No. Using it on another PC is not kosher. The licenses is tied to *that* mobo, if it breaks it can be replaced, but it still has to be that system.

"In house", IE corporate/busniess use, should be using VLA keys, not OEM. VLA/Retail does not have this limit.

Because of this limit, enthusiasts should purchase retail, not OEM OS licenses.

edit: this is also what makes all those "Dell OEM" keys for sale all over the net illegal.

i disagree, i say the OEM Key is tied to the Case not the Motherboard.

 

mzkhadir

Diamond Member
Mar 6, 2003
9,509
1
76
Originally posted by: PlatinumGold
Originally posted by: Phoenix86
No. Using it on another PC is not kosher. The licenses is tied to *that* mobo, if it breaks it can be replaced, but it still has to be that system.

"In house", IE corporate/busniess use, should be using VLA keys, not OEM. VLA/Retail does not have this limit.

Because of this limit, enthusiasts should purchase retail, not OEM OS licenses.

edit: this is also what makes all those "Dell OEM" keys for sale all over the net illegal.

i disagree, i say the OEM Key is tied to the Case not the Motherboard.

The information below is supplied for informational purposes only, it is not definitive confirmation of the legality of the EULA and should be used as a guideline for what Microsoft defines as a new computer. Use this information for plotting your upgrade strategy for OEM EULA compliance when activating.

The End User License Agreement (EULA) for OEM software, including Windows XP, states that the software is licensed as a single integrated product in connection with the hardware. However, it's important to remember that the end user cannot see nor accept the electronic EULA until the software is installed on a fully-assembled computer system. So, even though the original OEM software unit may have been distributed with a component, like a hard drive, it isn't until the software is installed on a fully-assembled computer system that it becomes "married" to the hardware.

In general, OEM software may not be transferred from one system to another system. However, the computer system can certainly be updated with new components without the requirement of a new software license. The only exception to this is the motherboard 1. If the motherboard is replaced 2, the computer system is deemed "new" and a new license would be required. Other PC components may be upgraded, including a hard drive. Though if the hard drive 3 is replaced/upgraded, the operating system must first be removed from the old hard drive. To restate: the operating system is "married" to the computer system on which it is originally installed.

If you haven't already, please take a moment to review a comprehensive group of OEM Licensing Questions and Answers which are specific to system builders:
<a target=_blank class=ftalternatingbarlinklarge href="https://oem.microsoft.com/worldwide/514341.asp">https://oem.microsoft.com/worldwide/514341.asp</a>.

The link above is for registered OEM builders.

Thank you,
The Microsoft OEM System Builder Licensing Team

The above post was copied from a post from kurttrail posted to the msnews.microsoft.com newsgroups and is supplied as is.

Another reply from The Microsoft OEM System Builder Licensing Team posted below from an inquiry initiated by myself says essentially the same.

Reply from The Microsoft OEM System Builder Licensing Team to a query I posted 9/11/04 and was answered 9/20/04

Subject: OEM XP and upgrading/replacement mother boards
From: "System Builder Licensing" <anonymous@discussions.microsoft.com> Sent: 9/20/2004 5:58:48 AM

Thank you for your post, Michael. Generally, you may upgrade or replace all of the hardware components on your customer's computer and the customer may maintain the license for the original Microsoft OEM operating system software, with the exception of an upgrade or replacement of the motherboard. Unless upgraded or replaced under warranty, if the motherboard is upgraded, then a new computer has been created and the license of new operating system software is required. The original Microsoft OEM operating system software cannot be transferred to another computer. Please visit <a target=_blank class=ftalternatingbarlinklarge href="https://oem.microsoft.com/script/contentpage.aspx?PageID=552862">https://oem.microsoft.com/script/contentpage.aspx?PageID=552862</a>


for more information regarding used and refurbished computers. There is no difference between preinstalled OEM operating system software and OEM operating system software acquired after the purchase of a PC. Regardless, the OEM operating system must remain with the device that retains the motherboard. To activate Windows XP over the telephone, you can simply call a toll-free number displayed on your screen. A customer service representative will ask for the installation ID number displayed on the same screen, enter that number into a secure database, and return a confirmation ID to you. Once you have typed the confirmation ID, the activation process is complete. We hope this information has been helpful. Please take a moment to review a comprehensive group of OEM Licensing Questions and Answers which are specific to you as a system builder at: <a target=_blank class=ftalternatingbarlinklarge href="https://oem.microsoft.com/script/contentpage.aspx?pageid=514341">https://oem.microsoft.com/script/contentpage.aspx?pageid=514341</a>. Thank you, The Microsoft OEM System Builder Licensing Team
>-----
http://www.michaelstevenstech.com/oemeula.htm

The oem links do not work. I have tried them.

 

Phoenix86

Lifer
May 21, 2003
14,644
10
81
Originally posted by: PlatinumGold
i disagree, i say the OEM Key is tied to the Case not the Motherboard.
Disagree all you want, it's not your decision, you didn't write the EULA/OEM terms. You do however agree to them when you use the software.
 

spaceman

Lifer
Dec 4, 2000
17,616
183
106
Originally posted by: Phoenix86
Originally posted by: Injury
The question is "Who is going to stop you?"

It's against the EULA to take it from one machine to the next, but that's stupid if the first machine is no longer working.

You've paid for an OEM license, use it on another machine if the one it came with dies. You aren't going to go to jail.

The BIGGEST stress point in OEM licenses is that they are not for re-sale without the original machine or without hardware.

If this is a business, how about the BSA? The company I work for was fined hundreds of thousands of dollars in fines about a year before I got here. You don't screw around with licenses in a business environment. Sure you can "get away" with this at home, I'll let you be your own moral judge, it is however against the agreement.

The simple retort is: Why'd you buy a limited license in the first place? Non-OEM licenses (VLA, retail, EDU, etc) do not have this limit.


not at or do i work for a business
this was simple spare machine for home use that no longer functions.
 

The Linuxator

Banned
Jun 13, 2005
3,121
1
0
A long time ago I had an Emachines, my mobo went bad I replaced it with a cheap BIOSTAR one of the same mobo chip set it booted up right away, but for some reason it didn't work after I did a format and tried to install again after the ghost image the activation is invalid., Then at that time I said screw it I went Linux for a while untill I laid my hands on Win Xp pro for the price it deserves, ( free) but it was a friend of mine that gave me the copy as he needed it no more after he purchased a couple of systems that came already with Win Xp pro.
 

Ornery

Lifer
Oct 9, 1999
20,022
17
81
To restate: the operating system is "married" to the computer system on which it is originally installed.

I've heard that before, and to that I say FU MS! I've replaced HDDs and mobos in my own personal machines, and was not able to complete the Activation. I called MS, ready to give an earful to whoever wanted to give me guff about it, but never had a problem. Got the codes without a fuss, and all is well... AS IT SHOULD BE!
 

Phoenix86

Lifer
May 21, 2003
14,644
10
81
Originally posted by: Ornery
To restate: the operating system is "married" to the computer system on which it is originally installed.

I've heard that before, and to that I say FU MS! I've replaced HDDs and mobos in my own personal machines, and was not able to complete the Activation. I called MS, ready to give an earful to whoever wanted to give me guff about it, but never had a problem. Got the codes without a fuss, and all is well... AS IT SHOULD BE!
:confused:

Why not just buy a retail license?

If you want to go the route of screwing MS, why bother paying anything at all? I'm confused by people like you. Piracy is likely something you wouldn't consider, you did pay for the OS afterall; but when asked to pay for the product you want, you balk saying "FU MS".
 

Originally posted by: Phoenix86
Originally posted by: Ornery
To restate: the operating system is "married" to the computer system on which it is originally installed.

I've heard that before, and to that I say FU MS! I've replaced HDDs and mobos in my own personal machines, and was not able to complete the Activation. I called MS, ready to give an earful to whoever wanted to give me guff about it, but never had a problem. Got the codes without a fuss, and all is well... AS IT SHOULD BE!
:confused:

Why not just buy a retail license?

If you want to go the route of screwing MS, why bother paying anything at all? I'm confused by people like you. Piracy is likely something you wouldn't consider, you did pay for the OS afterall; but when asked to pay for the product you want, you balk saying "FU MS".
Why pay an incredible amount of money for a retail license when he already owns the software?
 

Ornery

Lifer
Oct 9, 1999
20,022
17
81
That's right, STFU nimrod. I paid for it once, and that's MORE than enough. It's used in one machine, and that machine happens to have replacement part(s) in it. They're the ones who give me the activation codes, and I tell them exactly what's been done to the PC, so WTF is the problem?
 

marvdmartian

Diamond Member
Apr 12, 2002
5,444
27
91
If you were to ask someone at M$, they'd tell you no.

But in reality, Windows XP will only give you problems during activation if you've changed out 3 or more components. So let's say you bought this computer 2 years ago. Now the motherboard dies. So you go out, buy a replacement mobo, and install it. Naturally, you have to re-install the drivers for the mobo, and likely (now that it's been a couple years), you want to just reformat and reinstall windows. No problem, it's still the same computer, and only one component has changed.

A few months later, your cpu burns up because you didn't re-install your cpu heatsink/fan right, and you decide that since you just bought that new mobo, you go ahead and get a new cpu to fit the mobo. While you're at it, you decide to upgrade the cdrw drive with a new dual layer dvd burner. Okay, now you've hit the magic number of 3 components, and chances are that windows is going to give you grief.....if not now, then the next time you reformat and reinstall.

This sort of thing has actually happened to me in the past. I had windows installed in a computer for less than 2 weeks when the mobo died, and took out the power supply with it. I didn't have the money to buy new ones, so I pulled the dead components, and installed an old socket A cpu & mobo, with a replacement power supply, that I had laying around, just so I could get the system up & running again. When I started up the computer, it demanded that I re-activate windows, because the hardware was so different than the original setup. M$ has done this basically to keep you from installing the same key on multiple computers.

I tried the re-activation, and couldn't do it automatically, so had to call the M$ activation call center. After talking with the person in India, and explaining that I was only installing the key on one computer, and what had happened, they happily gave me the info to re-activate my Windows.

Bottom line? They (the people at the call center) really don't care, and will ask you the questions they're required to ask. If you tell them it's the same computer, they'll re-activate it for you, whether you're telling the truth or not. Let's face it, they're half a world away, and they figure that Bill Gates has more money than God himself, so they just don't care.

So to answer your question, no, it's technically not re-usable. In reality, you could probably re-use it for years to come. Enjoy! ;)
 

The Linuxator

Banned
Jun 13, 2005
3,121
1
0
Originally posted by: SampSon
Originally posted by: Phoenix86
Originally posted by: Ornery
To restate: the operating system is "married" to the computer system on which it is originally installed.

I've heard that before, and to that I say FU MS! I've replaced HDDs and mobos in my own personal machines, and was not able to complete the Activation. I called MS, ready to give an earful to whoever wanted to give me guff about it, but never had a problem. Got the codes without a fuss, and all is well... AS IT SHOULD BE!
:confused:

Why not just buy a retail license?

If you want to go the route of screwing MS, why bother paying anything at all? I'm confused by people like you. Piracy is likely something you wouldn't consider, you did pay for the OS afterall; but when asked to pay for the product you want, you balk saying "FU MS".
Why pay an incredible amount of money for a retail license when he already owns the software?


That brings me to the bottom line, ACTIVATION IS BS, if I pay once I should be able to use it as much as I want, think how much it will suck if every other software company does the same thing as micro$oft, you have the OS $150 , the AV $ 50, DVD editing software $ 40, your games $ 300...ect all of those have to be repurchased everytime a component takes a crap in your system. It's as if like your software was all stashed inside the mobo when it took a SH!T and covered all your apps wit it. I was OK with the monopolisitc BS that M$ did untill they introduced this OEM & Activation BS at that point I had it with them.

OK lets say that I am ok with the OEM crap, what about the retail version I pay for a $ 200 software that I have to ask for permession from Bill Gates to let me use it everytime BSBSBSBS !!!