• We’re currently investigating an issue related to the forum theme and styling that is impacting page layout and visual formatting. The problem has been identified, and we are actively working on a resolution. There is no impact to user data or functionality, this is strictly a front-end display issue. We’ll post an update once the fix has been deployed. Thanks for your patience while we get this sorted.

Window Vista OEM legal question

zorrt

Member
Hi guys,

Just a quick question. For the OEM version of Vista, if my motherboard was to break and I was to buy another motherboard thats exactly the same would I still be able to activate Vista hassle free?

Also if that motherboard was to break and it's no longer for sale and I have to buy a new model, does that mean I have to buy a new license for Vista also? Thanks.
 
No, it's illegal and yes you have to buy a new OEM license if you make any hardware changes. That's why always buy retail versions as it allows unlimited transfers.
 
Originally posted by: Aberforth
No, it's illegal and yes you have to buy a new OEM license if you make any hardware changes. That's why always buy retail versions as it allows unlimited transfers.

Actually I believe you are allowed to replace a faulty motherboard with the same model under the OEM Licence agreement.

As to hardware changes you are allowed to make those too,ie CPU,Video card etc...its the motherboard thats a NO NO,unless its replaced with same type and model again ie if it becomes faulty.



A further note there have been people with OEM licence that have even replaced a board with a different type and got away with it,its down to the other person at the end of the phone and the circumstances etc..(it may not be legal but it happens ,if the person from Microsoft at the end of the phone allows it ,are you going to say no?).
 
Originally posted by: Mem
Originally posted by: Aberforth
No, it's illegal and yes you have to buy a new OEM license if you make any hardware changes. That's why always buy retail versions as it allows unlimited transfers.

Actually I believe you are allowed to replace a faulty motherboard with the same model under the OEM Licence agreement.

That is valid if you buy a branded PC. However minor upgrades are allowed like upgrading memory, adding new hdd, optical drive etc will not deactivate the existing OEM copy.

 
Originally posted by: Aberforth
Originally posted by: Mem
Originally posted by: Aberforth
No, it's illegal and yes you have to buy a new OEM license if you make any hardware changes. That's why always buy retail versions as it allows unlimited transfers.

Actually I believe you are allowed to replace a faulty motherboard with the same model under the OEM Licence agreement.

That is valid if you buy a branded PC. However minor upgrades are allowed like upgrading memory, adding new hdd, optical drive etc will not deactivate the existing OEM copy.

I was making your post more clear,you did say
No, it's illegal and yes you have to buy a new OEM license if you make any hardware changes

As we know hardware comes in many forms and certain changes are allowed 😉.
 
oh....let me be more clear then, Windows Activation has a tolerence level so if you exceed 7 points... meaning seven changes it will ask for re-activation but if you have a OEM copy and make seven changes then you have buy a new copy.

Display Adapter
SCSI Adapter
IDE Adapter (effectively the motherboard)
Network Adapter (NIC) and its MAC Address - 3 points
RAM Amount Range (i.e., 0-64mb, 64-128mb, etc.)
Processor Type
Processor Serial Number
Hard Drive Device
Hard Drive Volume Serial Number (VSN)
CD-ROM / CD-RW / DVD-ROM
 
Microsoft allows the System Builder (that's YOU if you build your own PC) to replace a defective motherboard with an identical board. It's doubtful that Windows will even notice the difference, but Vista's "point system" hasn't been published like XP's was.
 
Legally you can replace the mobo with the exact model, IMHO. And I've read many times by MS employees that if that mobo is no longer available, a close equivalent to keep the same basic system up and running is fine.

I think what you shouldn't do is build an entirely new computer and use the OEM license on that after selling your old computer with no OS on it. That's not what OEM was intended for.
 
I see a lot of people asserting statements about what you can and can't do, but little back-up (empirical or references to the EULA / case law).

AFAIK there's no LEGAL principle by which they can rightfully deny you the use of the OS you purchased on your computer SYSTEM.

If your SYSTEM needs peripheral upgrades or major repairs whatever the nature of those repairs reasonably has to be then that's fair and shouldn't interfere with your ability to use OEM Vista.

It is unrealistic to assume that you'd even be ABLE to buy an "identical" or "near identical" make/model of motherboard to your original one perhaps a year later. These things tend to come and go within 6 months for many of the not-so-prominently high end models.

Even within a given "model" number it is not uncommon for the Motherboard OEM to do major changes to the BIOS or change revisions of the chipset or other such significant changes without labeling the product distinctively for consumer awareness.

I've never seen ANY reference in the EULA to indicate any purported requirement to "repair" the system with identical model parts anyway, so unless you find differently, that's an irrelevance.

From what I've heard empirically what might happen is that it'll deactivate itself, tell you to reactivate. Online reactivation may or may not work (as is the same for retail OS versions too), so next you try phone activation.

If they ask why you're reactivating it's as simple as saying the system broke and was repaired / reinstalled, and you should have your activation with no difficulty.

Keep in mind that there's a lot of FUD about this topic and the only things you can really rely on are (a) the experiences of people who've DONE IT (reactivated or failed to), and (b) what the EULA *says*. Though the MS EULAs are notoriously unclear and it's widely known that even a lot of things they may imply are restrictions can't / aren't actually be interpreted that way in practice because things just wouldn't work and they'd get sued and get more anti-trust investigations and fines from the EU etc. etc.

Also actual law (federal / state / national) and case law precedent overrides any restrictions that may state things to the contrary in ANY EULA. The whole legal principle of "shrink wrap" EULAs is in doubt anyway and most any good lawyer will tell you that there are several OBVIOUSLY illegal or unenforcable things about most any software EULA.

Regardless of the parts making it up your computer SYSTEM is still your computer SYSTEM, and as long as you're not using your OS on N simultaneous and distinct systems AFAIK Microsoft has no reason or business (or solid legal ground) from restricting your use of the OS.

If you have to "repair" a system by changing the motherboard at least in many cases that's probably because that motherboard is a piece of junk that never worked right in some ways or wasn't reliably engineered. Do yourself a favor and get a replacement that's likely to WORK for you instead of spending good money after bad on inviting the same old failures / incompatibilities with your last one. It'd be silly to pay MORE for an identical or similar model as opposed to LESS for one that might be newer / more reliable if you do need to repair it in that way.

 
Nice legal argument, but the OP simply asked if he/she can re-install an OEM version of Vista on AN IDENTICAL motherboard. That particular answer isn't disputed by Microsoft. In practice, Microsoft seems to maintain a fairly "liberal" stance in this area. No doubt to avoid angry customers and even angrier lawsuits.
 
Thanks for the replies! I guess OEM isn't too bad so long as you don't upgrade the motherboard too often then.
 
Originally posted by: Aberforth
No, it's illegal and yes you have to buy a new OEM license if you make any hardware changes. That's why always buy retail versions as it allows unlimited transfers.

It's not illegal. Microsoft does not make laws.
 
Changing the same model of mobos is not an upgrade. It is simply a repair. Been there - done that. Vista didn't even hiccup.
 
Back
Top