Windows XP OEM vs Retail Question

[believo]

Sorry if this is somewhat of a repost, but all the other threads seemed to contradict each other.

I am about to completely revamp my system. I want to completely format my harddrive and reinstall windows in the process. The problem is that I have a some questionable *cough*ILL EAGLE*cough* install of windows XP professional that I've used successfully for years without problems. Unfortunately the time has come to pay my dues and throw Microsloft some of my hard-earned money. My question is will a OEM cd work fine for a fresh install? I want to be legit and have no problems installing. Obviously I would like to spend as little money as possible so I can focus on beefing up my hardware as opposed to my OS. From the research I have done it seems like I can get away with XP HOME instead of Professional (which im used to). I do have a wireless network in my home, but that should work just as well with XP Home I assume. I use my computer for internet, music, video, and gaming, but nothing high end. If anyone can shed some light on HOME vs PRO (i know the differences... just not what Home lacks that will actually effect me at all), as well as OEM vs Retail, it would help me out a bunch. Thanks.

 

[Redfoot]

AFAIK, OEM is just the bare disk vs. Retail has the pretty packaging. Having installed with both, I can honestly tell you there is no percievable difference, though some MS experts may disagree with me on that one. I will not get into the legalities of purchasing OEM vs Retail-frankly I think that as long as Microsoft gets some of your money you should be in the clear, but some trolls will probably be along shortly to preach. Home vs Pro, you will lose SMP, multi-user support and some remote management, anything else that is different I never noticed because I never used it.

Allright, done rambling, and I must say this cough syrup kicks ass!!

-Redfoot

 

[believo]

so... just to be clear... any xp oem cd i buy will come with the key/coa/activation etc etc blah blah that i will need to install it on a new system? where's a good place to purchase this software from?

 

[mechBgon]

Retail version can also do an upgrade of an existing qualified OS, whereas OEM should only be capable of doing clean installs.

At this point I assume your new CD & license will come with Service Pack 2, but it still might be worth reviewing some good practices to prevent worm attack, especially if you don't have a router to keep worm traffic away from the raw Windows installation.

 

[bsobel]

Originally posted by: believo
so... just to be clear... any xp oem cd i buy will come with the key/coa/activation etc etc blah blah that i will need to install it on a new system? where's a good place to purchase this software from?

Yes, the only difference between 'OEM' and 'Retail' (other than the packaging) is the license. OEM may be tied to the hardware you bought (so if it's tied to a motherboard, for example, if you change MB you legally need to purchase a new version). There are no 'feature' differences between the two (oem/retail)

Bill

 

[believo]

can you install windows xp home upgrade retail on an empty drive and just insert a old windows cd for verification?

 

[ribbon13]

If you have Windows XP Professional SP2 Volume already, legal or not, XP Home would be a mistake.

 

[mechBgon]

Originally posted by: believo
can you install windows xp home upgrade retail on an empty drive and just insert a old windows cd for verification?

That ought to work. For it to accomplish your goal of legal licensing, you do need a license for whatever that older version of Windows is, and it would need to not be installed anywhere else. You can find out which older versions of Windows can upgrade to which versions of WinXP here: http://www.microsoft.com/windowsxp/pro/upgrading/matrix.mspx

If it were me, I'd lean towards OEM WinXP Pro SP2 along with a new hard drive or some other qualifying hardware.

 

[stfrances]

bsobel... so the retail version can be installed to a new system or upgrade another desktop? I am planning to purchase xp pro media center and want to install on a p4 and amd system that I am currently building and I don't know much about licensing

 

[PurdueRy]

I have used the OEM with MANY new motherboards so this isn't a concern. If I was to install x64 RC2 and then want to go back...would I have to format to go either way?

 

[bsobel]

Originally posted by: stfrances
bsobel... so the retail version can be installed to a new system or upgrade another desktop? I am planning to purchase xp pro media center and want to install on a p4 and amd system that I am currently building and I don't know much about licensing

Yes, retail has the most unrestrictive license, you can use it on any machine or more it to another at any time (as long as it's only on one machine at a time)

Bill

 

[Peter007]

can you install windows xp home upgrade retail on an empty drive and just insert a old windows cd for verification?

YES, Win2000 works fined. XP Upgrade ask you to insert a previous OS disc.
I think Win98se also qualify, but I'm not positive on that.

 

[us1]

You can use a xp home upgrade for a clean install. it will ask you for a previous version of windows, win 98 will work. when prompted insert the 98 disk, it will then ask you to put the xp disk back in. good luck.

 

[joshc]

I got Win XP Home preinstalled on my Vaio laptop and I have the XP CD that came with my laptop. If I buy XP Pro Upgrade edition will I be able to use my laptop XP CD to allow me to install XP Pro on my new desktop?

I thought the upgrade editions require a windows OS to be installed on your system...

 

[NascarFool]

Originally posted by: bsobel
OEM may be tied to the hardware you bought (so if it's tied to a motherboard, for example, if you change MB you legally need to purchase a new version).

That is not true. I have WinXP Pro OEM that was bought from Newegg about two years ago. Every piece of hardware in my comp has been changed since than and I have no problems activating it after a fresh install. My XP Pro OEM was purchased with an Epox 8RDA3+ and I sold that board many many months ago. I am now required to call MS for activation and they simply give me the activation code over the phone.

XP OEM/Retail differences:
Retail comes with a fancy box,CD key sticker, better manual and longer tech support help. (one year ?)
XP OEM comes with a paper CD sleeve with the CD key sticker, 32 page manual and a limited amount of free tech support calls. (three calls I think, after that you pay per call)

 

[bsobel]

Originally posted by: NascarFool

Originally posted by: bsobel
OEM may be tied to the hardware you bought (so if it's tied to a motherboard, for example, if you change MB you legally need to purchase a new version).

That is not true. I have WinXP Pro OEM that was bought from Newegg about two years ago. Every piece of hardware in my comp has been changed since than and I have no problems activating it after a fresh install. My XP Pro OEM was purchased with an Epox 8RDA3+ and I sold that board many many months ago. I am now required to call MS for activation and they simply give me the activation code over the phone.

XP OEM/Retail differences:
Retail comes with a fancy box,CD key sticker, better manual and longer tech support help. (one year ?)
XP OEM comes with a paper CD sleeve with the CD key sticker, 32 page manual and a limited amount of free tech support calls. (three calls I think, after that you pay per call)

No, it is true. It doesn't matter than you switched your hardware out and it worked, we are talking about having a legal license (not a working copy). Please re-read what was posted, the OEM version can be tied to the hardware purchased. If you stop using that hardware, your license is no longer valid (again, that is different from saying it won't work)

Bill

 

[NascarFool]

Oops, double post.

 

[NascarFool]

Originally posted by: NascarFool

Originally posted by: bsobel

Originally posted by: NascarFool

Originally posted by: bsobel
OEM may be tied to the hardware you bought (so if it's tied to a motherboard, for example, if you change MB you legally need to purchase a new version).

That is not true. I have WinXP Pro OEM that was bought from Newegg about two years ago. Every piece of hardware in my comp has been changed since than and I have no problems activating it after a fresh install. My XP Pro OEM was purchased with an Epox 8RDA3+ and I sold that board many many months ago. I am now required to call MS for activation and they simply give me the activation code over the phone.

XP OEM/Retail differences:
Retail comes with a fancy box,CD key sticker, better manual and longer tech support help. (one year ?)
XP OEM comes with a paper CD sleeve with the CD key sticker, 32 page manual and a limited amount of free tech support calls. (three calls I think, after that you pay per call)

No, it is true. It doesn't matter than you switched your hardware out and it worked, we are talking about having a legal license (not a working copy). Please re-read what was posted, the OEM version can be tied to the hardware purchased. If you stop using that hardware, your license is no longer valid (again, that is different from saying it won't work)

Bill

Explain to me why MicroSoft has no problems allowing me to activate it over the phone ? They ask me why I am reactivating and I tell them it is due to a major hardware change. They say no problem and proceed to give me the activation code. Like I said, I have changed all hardware in my comp since purchasing WinXP Pro OEM. The motherboard has been changed from an Epox 8RDA3+ to a DFI Ultra Infinity to an MSI K8T Neo FSR and to an MSI K8T NEO FIS2R.

 

[bsobel]

Explain to me why MicroSoft has no problems allowing me to activate it over the phone ? They ask me why I am reactivating and I tell them it is due to a major hardware change. They say no problem and proceed to give me the activation code. Like I said, I have changed all hardware in my comp since purchasing WinXP Pro OEM. The motherboard has been changed from an Epox 8RDA3+ to a DFI Ultra Infinity to an MSI K8T Neo FSR and to an MSI K8T NEO FIS2R.

Thats easy, MS currently has no way to track what hardware the OEM version was tied to (I'm not trying to argue with you on this, your welcome to go read the actual license you received). Since they can't tell (heck, it could have been sold with your mouse, or in the case of one of my SmartDispalys, with that) they tend to just reactivate them if asked (it's a customer service issue vs license rights, better to reactivate a few quasi-unlicensed versions vs piss off all of the legitimate cases)

Bill

 

[bsobel]

Here is a semi-decent article on the issue.

You can also see the thread here where I link to the MS licensing FAQ on the subject.

 

[VirtualLarry]

Originally posted by: bsobel
No, it is true. It doesn't matter than you switched your hardware out and it worked, we are talking about having a legal license (not a working copy). Please re-read what was posted, the OEM version can be tied to the hardware purchased.

MS maintains that, but I'm curious as to what legal theory that they are relying upon to consider that even remotely enforcable.

Originally posted by: bsobel
If you stop using that hardware, your license is no longer valid (again, that is different from saying it won't work)
Bill

If you paid for that license, then it is valid. If MS revokes that license, without refunding your money, then they are stealing from you.

Attempting to force your to accept the terms of a one-sided adhesion contract, *after* the purchase transaction (implicit contract) has concluded, is not legal. Therefore, those additonal terms contained in the so-called-contract, are not enforcable either.

Remember, the motherboard does not own the license. You, the legal citizen who paid money for it, does. This "OEM software is tied to the hardware" is complete BS from a legal standpoint.

MS, or any other distributor of copyrighted software, can enforce a mutually pre-agreed contract with their suppliers, and indeed, many OEM bundled software packages say on them "not to be sold without accompanying hardware". That statement has about the same amount of weight to the final end-user/purchaser, as the "Do not remove under penalty of law" statement on the tags on matresses does. Hint: No end-users/purchaser, that I am aware of, has ever gone to jail for removing the tags off of the matress that they have legally purchased.

If you've legally purchased a license, it's yours, period. MS's abuse of the law has to stop.

 

[VirtualLarry]

Originally posted by: bsobel

Explain to me why MicroSoft has no problems allowing me to activate it over the phone ?

Thats easy, MS currently has no way to track what hardware the OEM version was tied to (I'm not trying to argue with you on this, your welcome to go read the actual license you received). Since they can't tell (heck, it could have been sold with your mouse, or in the case of one of my SmartDispalys, with that) they tend to just reactivate them if asked (it's a customer service issue vs license rights, better to reactivate a few quasi-unlicensed versions vs piss off all of the legitimate cases)
Bill

I find it far more likely, that: 1) MS is aware of the law in this regards, and 2) MS doesn't want a fraud case on their hands.

For a similar example, of why corporate dictates are not the law - consider the Nintendo 8-bit game console cartridges. Nintendo was against the rental of their cartridges, believing (wrongly) that it cost them sales. (Generally that was only true for games that were poor-quality in the first place.) Well, in the back of the instruction booklet, Nintendo had decided to write Rental prohibited", or something of that nature. Yet, that corporate dictate was not backed by any legal footing. There was a big lawsuit, Nintendo sued Blockbuster. Well, they lost, but not because they were renting games - in fact, they were cleared on that issue. What they got nailed for, was that they were additionally photocopying the instruction booklets . That was unauthorized duplication of copyrighted materials - an actual violation of copyright law. So they were found guilty of violating the law. But not for renting the games, which was within their right, and not within Nintendo's right to legally restrict them.

Just because a large corporation says something, doesn't mean that it's law. In fact, if it isn't actually backed by law, you can trivially ignore whatever it is that they say. They may well choose to harass you, which would be unethical, but they wouldn't have a valid case against you.

MS claimed that you couldn't seperate the OEM OS that was bundled with a new computer and resell them seperate too - but it went through the court system in Germany, and they upheld the basic principles of the "right of first sale doctrine", and ruled that yes, once the customer had purchased the (bundled) components, that they were free to un-bundle them and re-sell them back onto the open market as they wished, as was their legal right to do with *anything* that they purchased on the open market.

One must oppose the unjustified dictates of their corporate would-be "masters", lest one fall even deeper into slavery in the process.

 

[bsobel]

Originally posted by: VirtualLarry

Originally posted by: bsobel
No, it is true. It doesn't matter than you switched your hardware out and it worked, we are talking about having a legal license (not a working copy). Please re-read what was posted, the OEM version can be tied to the hardware purchased.

MS maintains that, but I'm curious as to what legal theory that they are relying upon to consider that even remotely enforcable.

AFAIK, it's based on the premise that you received a discount on the purchase (since you didn't purchase the full version of the OS). If you want to move the install around your welcome to but the full version.

No need to respond, I've just posted what MS says today, since neither of us are lawyers, until there is a court case to decide this one way or another....

 

[ribbon13]

There's a simple answer... all it takes is a 13mb file, and chaning the text in a .ini file in the i386 folder.

I'm not gonna let MS waste my time calling them.