Upgrading components, will XP work?

[Deedry]

I own a system from Falcon Northwest and have just ordered a new MB/CPU, ram, gfx card, and HD for the PC. I just got out the copy of XP home that came with the PC and there is a sticker on it that reads:

This OEM software may not be delivered unless accompanied by the required hardware under the Microsoft OEM System Builder located at http://www.microsoft.com/oem/sblicense/. end-user support is the responsibility of the installer of this software.

Any ideas is this copy of XP will work with the new components or do I need to purchase a new copy?

 

[Nothinman]

It might work, but since it's an OEM copy it's tied to the motherboard that it came with so it wouldn't be legal with the new hardware.

 

[Deedry]

This upgrade just keeps on getting more exspensive. I'll be on the safe side and buy a new OS. What's recommened, xp home/pro or Vists 32/64? And where would be the cheapest place to get it?

 

[hennessy1]

You can use your xp copy even if its oem just call the microsoft rep and tell them you changed your motherboard and theyll give you the activation key. No need to waste money when you done have to.

 

[Nothinman]

You can use your xp copy even if its oem just call the microsoft rep and tell them you changed your motherboard and theyll give you the activation key. No need to waste money when you done have to.

Not legally. Sure sometimes if you call and just say "I upgraded some components" or something similarly vague they'll just give you a new activation code without prying but it's still a violation of the license.

 

[hennessy1]

if you tell them the whole story they will give it to you also. if they give it to you thats not your resp. to manage how they do their job you are a customer and thats it. its not like hes stealing he has the same computer. if he didnt upgrade and his motherboard failed and he had to replace it do you honestly think that microsoft will make him purchase a brand new os. no i dont think so.

 

[tcsenter]

Originally posted by: hennessy1
if you tell them the whole story they will give it to you also. if they give it to you thats not your resp. to manage how they do their job you are a customer and thats it. its not like hes stealing he has the same computer. if he didnt upgrade and his motherboard failed and he had to replace it do you honestly think that microsoft will make him purchase a brand new os. no i dont think so.

Errr...what you advised him to do is more likely to result in a refusal to activate. An OEM license is expressly NOT transferrable to a motherboard that was electively upgraded, because it creates a new machine according to Microsoft's OEM licensing terms.

Replacing the motherboard due to defect or failure is the only exception, because you are not electively creating a new machine, but rather making the system whole again after a non-elective loss of function. In addition, the motherboard must be a replacement authorized by the OEM.

So you just advised him to essentially tell Microsoft Activation Support, "You know that part of the OEM licensing terms where it says I am not permitted to transfer my OEM license to a new motherboard that I electively upgraded? Yeah, I'd like to go ahead and be denied activation for that exact reason right now, if its OK with you. Thanks!"

 

[Nothinman]

its not like hes stealing he has the same computer.

Yes he is, MS has decided that the motherboard is the main factor in determining whether a machine is the same or not so when you change that out you do essentially get a new computer.

if he didnt upgrade and his motherboard failed and he had to replace it do you honestly think that microsoft will make him purchase a brand new os. no i dont think so.

Replacement due to failure is the one exception laid out in the EULA.

 

[hennessy1]

I have clearly state to an native english speaking microsoft manager to what I wanted to do. I told them that my board has not failed me but is constantly giving me problems and I told them that I am upgrading. FYi this was from an asus nvidia 590i chipset to a current evga 680i chipset. I even faxed them over a written copy so there were no misunderstandings. I did not do this recently so don't think I am out to prove a point. This was over a year ago. I am clearly stateing what I was told. I am not saying you are wrong just that there seems to be more then one right here.

 

[Nothinman]

The EULA is perfectly clear so whether or not the random guy on the phone let you reactivate or not you're still in violation of the license and if for some reason it did end up as a point of contention in court I can't see how the judge could rule in your favor. Obviously that's a pretty unlikely outcome so it basically boils down to a moral decision on whether you feel comfortable using the software illegally or not.

 

[tcsenter]

Originally posted by: hennessy1
I told them that my board has not failed me but is constantly giving me problems and I told them that I am upgrading.

:roll:

 

[Rockhound1]

This is why Microsoft is disliked by many people.

It is not like you didn't pay for the copy of XP Home that are holding. You are not putting the OS on multiple computers. You have one copy and are using that one copy for one computer. Go ahead and replace your hardware and install your copy of XP Home. At the end, attempt to activate the software. More likely than not, the software will activate without a hitch. If you get a message to call Microsoft, then call them and explain what you are doing. Let Microsoft determine if they will let you activate or if you need to buy a new copy of the OS. If they let you activate, then Microsoft essentially has given you permission to use the OS on your new system.

The other AT posters are correct that if you read the EULA, it says you have to use that copy of Windows XP with the original motherboard. But, my experience is that Microsoft can be flexible. Just be honest and up front with the Microsoft representative if you have to call. Let Microsoft make the decision.

 

[hennessy1]

That is my point. I know what the EULA says but im simply stating that MS is not so rigid on what it lets you do with OEM copies.

 

[Nothinman]

This is why Microsoft is disliked by many people.

Because MS gave them a huge discount on their Windows license with the added restriction that they only use it on the machine that it was purchased with? Yea, that's a damn good reason to hate them...

 

[VirtualLarry]

Originally posted by: Nothinman
The EULA is perfectly clear so whether or not the random guy on the phone let you reactivate or not you're still in violation of the license and if for some reason it did end up as a point of contention in court I can't see how the judge could rule in your favor. Obviously that's a pretty unlikely outcome so it basically boils down to a moral decision on whether you feel comfortable using the software illegally or not.

A competent judge would more than likely strike down that part of the EULA as unenforcable.

What's next, media (movie/music) companies, attaching a EULA to media that you purchase, claiming that it is "married" to your home stereo, and that if you ever upgrade, you will have to re-purchase your media library over again? It's the same nonsense that MS is claiming.

You paid for the software. LEgally, under copyright law, it is yours to use.

 

[VirtualLarry]

Originally posted by: hennessy1
That is my point. I know what the EULA says but im simply stating that MS is not so rigid on what it lets you do with OEM copies.

Likely because they know that those terms are legally unenforcable. So, MS actually follows the law on this one and allows re-activation.

 

[Nothinman]

A competent judge would more than likely strike down that part of the EULA as unenforcable.

Good thing there's no competency requirements for being a judge then, eh?

You paid for the software. LEgally, under copyright law, it is yours to use.

You also agreed to the usage restrictions in the agreement so it's not completely black and white.