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| | | | Post in reply to: Vswildcat
Hi,
There are at least two different concepts of what constitutes an upgrade:
(1) In-place upgrade: One attempts to install a newer OS (e.g. Vista) over
an older OS (e.g. XP). In this case, you would need an upgrade or a retail
full version.
(2) Fresh install: For a hardware component, one will consider an upgrade as
by removing an older component and replacing with a newer and *better*
component, and in the case of an operating system, that will be equivalent
to reformatting the HDD and performing a fresh install. In this case, I
don't see why an OEM license cannot do the job.
Regarding the use of OEM, the following are two separate issues:
(1) The right to purchase and use an OEM version;
(2) Who will perform support if the end user is having problems.
Let's start with (2) with a simple example since this has been discussed so
many times.
Who will you turn to for support if one of the hardware components failed
(e.g. CPU) in the system that your purchased from a system builder?
Will you call Intel or AMD or the system builder for support? I guess the
answer is obvious and it should be the system builder.
It is exactly the same for the operating system as it is nothing more but a
bundled component of the system. The one who sold you the system should
perform the support as they would for the hardware component.
The disclaimer provided by NewEgg (and many other retailers) as well as some
MS documents are nothing more than just to ensure that purchasers and users
understand who should perform the support, and it will not be Microsoft, in
this case.
With (2) in mind, there is no limitation on who can be a system builder.
You can be your own system builder or delegate to Dell, HP or your brother,
sister and so on and so on. In this case, any of them can purchase and
install the OEM version and you can use it without any problems. But then
again, it will not be Microsoft who will perform the support and it will be
the one who assembles the system for you.
Finally, for the limitation, as far as I know (which of course can be wrong
and appreciate if anyone corrects me), the only one is that you cannot move
it *to* another system, but there are no limitations on what components can
or cannot be replaced and for how many times one can replace.
Whether you replace a component or not, it will not be the responsibility of
Microsoft for performing support. But it will be its responsibility to
activate if the OS has not been moved to another system.
Ken Blake, Microsoft MVP - Windows Desktop Experience, also provided some
information about the myth of replacing a motherboard which the company has
clarified.
Therefore, it is NOT at the discretion of the activation staffs because
there simply has NO restriction has ever been written in the EULA.
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MS doesn't do any such thing. Resellers print a clear statement on the
product information page when selling the OEM (System Builder) License
packs. On NewEgg it plainly says at the top of the specifications tab,
"Use of this OEM System Builder Channel software is subject to the terms of
the Microsoft OEM System Builder License. This software is intended for
pre-installation on a new personal computer for resale. This OEM System
Builder Channel software requires the assembler to provide end user support
for the Windows software and cannot be transferred to another computer once
it is installed. To acquire Windows software with support provided by
Microsoft please see our full package "Retail" product offerings."
The packs are not intended for end users and never were.
Resellers have not been supplying hardware since 2006 when the revised
System Builder License went into use. Even when they did that never had
anything to do with purchasers. It was a reseller requirement. There never
was a purchaser requirement involving hardware. Belief that purchasing with
a piece of hardware meant anything was just an urban legend.
Regardless, the OEM (System Builder) License is NOT an end user license. It
does not entitle the purchase to use the software. It only entitles the
purchaser to install the software on a new computer for sale to a customer.
You may read the License here:
http://www.microsoft.com/oem/sblicense/default.mspx
Caveat emptor.
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| | | | | Post in reply to: xfile
In article ,
Well, no, the restrictions are indeed in the Vista license
agreement. They just haven't been upheld in all courts, or consistently
enforced by MS itself.
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| | | | | Post in reply to: the wharf rat
You are correct and I should have made it clear as based on my memory of
reading the EULA, the restriction is that one cannot move the OS to another
system and it is bound to the assigned device. But there is no definition
nor explanation for what is a device. So the only valid (or perhaps,
enforceable) restriction is that one cannot move the OS to another system.
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| | | | | Post in reply to: xfile
Which begs the question: who's gonna know?
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| | | | | Post in reply to: Nonny
I don't know but it's not my focus nor interests.
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| | | | | Post in reply to: Vswildcat
Purchase upgrade discs. They can be made to do a "clean" install on a blank
hard drive.
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| | | | | Post in reply to: Colin Barnhorst
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Okay even still Colin , why is MS allowing them to be activated if you
call and make a big fuzz about it ? My friend shouldn't of ever gotten
away with that . I'm talking about installing it on 2 different
computers . He had a computer for about 4 years and it die on him . He
got a new custom build and installed the same OEM version again . He
said that he freak out and made a big fuzz , At the end they just gave
him new keys to activated . That should of never happen . And I know
others have done the exact samething . So tell me where the rules lay
here ?
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| | | | | Post in reply to: Colin Barnhorst
In real life, there is no way for us to prevent or stop all dishonest people
in the world, and for every reasonable business, we need to set a balanced
line between trusting honest people and preventing those who are dishonest.
There is a special subject called Loss Prevention in retail business, and
yet, I don't think any retailer can totally eliminate loss due to internal
and/or external thefts.
In this particular case, I think the company has laid out an easy to
understand rule (in the EULA) and trusted the majority will follow the rule.
It is the same for me to consider that WGA is a reasonable balanced point
for protecting the company's property and also allowing the user to grant
privilege for examining the system.
On the other hand, I consider WPA is a total intrusion and invasion of
privacy for it keeps monitoring one's system and periodically sends back
*undisclosed* information to the company - a.k.a. calling home feature.
So if one tries to stop ALL the dishonesty in the world, many honest people
along the line will get offended, and yet, it is simply unachievable, and
that's a simple fact of life.
wrote in message
Okay even still Colin , why is MS allowing them to be activated if you
call and make a big fuzz about it ? My friend shouldn't of ever gotten
away with that . I'm talking about installing it on 2 different
computers . He had a computer for about 4 years and it die on him . He
got a new custom build and installed the same OEM version again . He
said that he freak out and made a big fuzz , At the end they just gave
him new keys to activated . That should of never happen . And I know
others have done the exact samething . So tell me where the rules lay
here ?
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| | | | | Post in reply to: xfile
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Oh I agree with you in so many ways but towards MS allowing people to
reinstall and giving them new keys I don't . Its plan and simple . For
retail that understandable , for OEM if I was MS I would say get a
hold of your distributer and go through them not us . Let the
distributer have the say as to whether they will provide new keys or
not . If there no distributer ? Tough luck .
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