View Full Version : XP OEM Licencing

18-07-2003, 12:02 PM
I saw a post recently about what can be done to a computer that has OEM products on it, someone was having problems getting the PC company to restore Windows XP once they put in a new Hard Drive. The PC Company should be classed as a System Builder, since the build PCs and buy bulk licences. So to clear things up - this is from Microsoft's legal dept:

"An end user can upgrade all of the components on their computer system, with the exception of the motherboard, and maintain the original
OEM System Builder Licenses. Thus, if the hard drive fails, the original OEM System Builder Licenses may be installed on a new/replacement hard drive as long as it is first removed from the old hard drive."

18-07-2003, 01:05 PM
nice :)

only think is in the recent post about this the person had modded the motherboard (flash the bios with a non-pcCO bios) to make it accept the new hardrive which in turn ment he could not use his restore disk.

Graham L
18-07-2003, 01:47 PM
In other words, it's not the "same" motherboard, because the identifying code isn't there. In an ideal world, a new BIOS would still be OK, but this isn't an ideal world. The real-world difficulties involved would be very nasty.

Terry Porritt
18-07-2003, 02:06 PM
So what happens if the motherboard blows up, like if it struck by lightning (happened to me) or otherwise dies?

What happens if you decide to build up a new computer and sell the old one without any OS?

It all seems very messy and nonsensical to me, just encouraging the cough cough copies of XP rather than the reverse.

18-07-2003, 02:12 PM
Yea well that's just M$ putting things in place so that they can completley control your PC. Just wait it will happen.

I realise that at the moment this type of action will only encourage pirating, but as soon as M$ gains a little more control then it will probably be a quite effective measure against piracy.

18-07-2003, 02:12 PM
sorry *quite an effective...

Steve Askew
18-07-2003, 06:33 PM
Perhaps someone can tell me what will happen in my situation?
I puchased WinXP PRO upgrade version to use on my HP computer.
Shortly I want to format my HP pc & return it to original Win ME using the recovery software supplied by HP so I can sell it.

I'm intending to install my Win XP pro upgrade on the new PC I'm going to build shortly & I have a legal version of Win98 to use as the qualifier for Win XP upgrade.

The big question is what sort of probs am I going to run into & can I legaly do what I am intending?
Will I have to give Bill a ring & explain the situation?

cheers Steve

18-07-2003, 06:57 PM
Sounds to me as if your situation will be fine Steve.

18-07-2003, 07:16 PM
As I stated in that thread previously I have updated BIOS's on other OEM PC's (Compaq, HP, Acer, Artec, Dell, the list goes on!) and the recovery CD has still worked so why can't the PC Co do the same???

18-07-2003, 07:17 PM
Oops! Using my sisters PC and not my name!!

I posted previously un CYaBro

18-07-2003, 07:37 PM
it depends on what the recovery disk is tied to and also whether you use the makers bios or the actual mobo makers bios. compaq/hp normally provide their own bios.

18-07-2003, 07:52 PM
Hi Terry,

Legally (ie according to the OEM user aggreement) the operating supplied with the computer is an integral part of that system and should be sold with it. So if you on-sell a name brand PC you have aggreed by using it that you will sell it in the same configuration as you bought it.

The Microsoft licensing agreement makes for an interesting read ;)

18-07-2003, 11:59 PM
To be honest there Terry I don't think there would be very many other businesses other than software that could get away with schissen like this.

19-07-2003, 12:36 AM
Just speculating: I don't think OEM Operating System's are keyed to the hardware at all. Do a search for windows on Trademe. 80% of the results are people selling OEM copies of windows. Obviously the software must work on other pc's than the one it came with.

19-07-2003, 12:51 AM
I had some one I was supporting that thought he had a chance of getting a very cheap copy of XP and he was thankful that I warned him before he went over $60(went for about $80) on TradeMe as it was illegal and unlikely to work as it would not be able to be reactivated. It is the old story that if it sounds too good to be true it is.
While some of the older OS's might work it is still illegal.

Terry Porritt
19-07-2003, 08:12 AM
Well, there are 2 types of OEM.

There is the pre-installed software that comes with a (usually) brand name computer, this is software that the company have paid MS a very very much reduced license fee for. This comes with a recovery disk only (of which I have never had that pleasurable? experience).

Then there is the OEM full software that you can purchase from a computer dealer if you buy a motherboard and cpu, it comes in a sealed package, is a full copy, and usually says for installation on a new computer only.
Post Win3.1 days this is the only software I have bought, and I havent had the pleasure of XP yet.

This latter is the OEM software you usually see for second hand sale.