So let me get this straight.. another activation question

Um .. Wow Bruce!
I am going balls to wall (sorta I guess),
- P4 HT 3 Ghz Prescott cpu, (need a new board for it)
- ASRock P4V88 RAID VIA PT880 Chipset Motherboard ( cheaper but I'm sure it
will work ok)(so new memory)
- 512 mb DDR333 ram
- new case to accomodate the new mix and heat off this bad boy..
so yes I have bought a new case..

Using from old pc
- 40 GB HDD
- DVD rom
- DVD/RW
- floppy drive
- radeon 9200 video card
- sound blaster card

I can see that the OS locks itself but like said above, I got a piece of
wire for my "hardware requirement". Maybe the seller is at fault on that one
but I'm sure it wasn't enforced like it should be or pull it all off of ebay
and not let it be sold as it probably was sold with a pc at some point before
it got to ebay.
oh well..live and learn right??
cya


The operative words in you post may be "... building a new pc...."

However, you will also be transferring some of the hardware
components (something more significant than a case screw or power cord)
from the old PC to the new PC. Will you also be using the same case?
So, your actions could possibly be construed as a hardware upgrade,
rather than as a "new computer." Additionally, you'll have entered a
grey area in the OEM EULA.

According to the EULA, an OEM license may not be transferred from
one distinct PC to another PC. However, this most emphatically does not
prohibit one from repairing or upgrading the PC on which an OEM license
is installed.

Now, some people believe that the motherboard is the key component
that defines the "original computer," but the OEM EULA does not make any
such distinction. Others have said that one could successfully argue
that it's the PC's case that is the deciding component, as that is where
one is instructed to affix the OEM CoA label w/Product Key. Again, the
EULA does not specifically define any single component as the computer.

Microsoft has, to date, been very careful _not_ publicly to define
when an incrementally upgraded computer ceases to be the original
computer. The closest I've ever seen a Microsoft employee come to this
definition (in a public forum) is to tell the person making the inquiry
to consult the PC's manufacturer. As the OEM license's support is
solely the responsibility of said manufacturer, they should determine
what sort of hardware changes to allow before the warranty and support
agreements are voided. To paraphrase: An incrementally upgraded
computer ceases to be the original computer, as pertains to the OEM
EULA, only when the *OEM* says it's a different computer. If you've
built the system yourself, and used a generic OEM CD, then _you_ are the
"OEM," and _you_ get to decide when you'll no longer support your product."


--

Bruce Chambers

Help us help you:
http://dts-l.org/goodpost.htm
http://www.catb.org/~esr/faqs/smart-questions.html

You can have peace. Or you can have freedom. Don't ever count on having
both at once. - RAH

No. At activation the tool takes a snapshot of the hardware and it does not
know nor care when or how that hardware configuration came to be. It only
cares if later changes render the configuration in that first snapshot
"unrecognizable" as the same machine. See:
http://support.microsoft.com/default...b;en-us;302806
and the links at the end of the article. Some components are weighted more
heavily than others. The total score is ten. Changing the NIC carries the
severist hit at three points.

--
Colin Barnhorst [MVP Windows - Virtual Machine]
(Reply to the group only unless otherwise requested)
"Bruce Chambers" wrote in message
...
slotcarz wrote:
I bought a OEM version of Win XP Home w/SP1 off of ebay. I received a
piece of hardware as per ebay/Microsoft regulations for the transaction.
I am building a new pc with a new cpu, motherboard, and ram, using My old
HDD, both dvd and dvd/rw drives. Can someone tell me where I stand on
re-activation? As I remember, I received a cdrom cable as my hardware
with this purchase. I had to re-format and install XP Home at the end of
Jan/05 due to a problem and activation went thru no problem. I have this
feeling I am screwed and have to buy another copy of XP. Is there not
anything that can be done to not have to do this. I went thru the
automated help to get my 2 free requests for help but looks like they
want me to pay for that also.
thanks for your time

slotcarz


The operative words in you post may be "... building a new pc...."

However, you will also be transferring some of the hardware components
(something more significant than a case screw or power cord) from the old
PC to the new PC. Will you also be using the same case? So, your actions
could possibly be construed as a hardware upgrade, rather than as a "new
computer." Additionally, you'll have entered a grey area in the OEM EULA.

According to the EULA, an OEM license may not be transferred from one
distinct PC to another PC. However, this most emphatically does not
prohibit one from repairing or upgrading the PC on which an OEM license is
installed.

Now, some people believe that the motherboard is the key component
that defines the "original computer," but the OEM EULA does not make any
such distinction. Others have said that one could successfully argue that
it's the PC's case that is the deciding component, as that is where one is
instructed to affix the OEM CoA label w/Product Key. Again, the EULA does
not specifically define any single component as the computer.

Microsoft has, to date, been very careful _not_ publicly to define
when an incrementally upgraded computer ceases to be the original
computer. The closest I've ever seen a Microsoft employee come to this
definition (in a public forum) is to tell the person making the inquiry to
consult the PC's manufacturer. As the OEM license's support is solely the
responsibility of said manufacturer, they should determine what sort of
hardware changes to allow before the warranty and support agreements are
voided. To paraphrase: An incrementally upgraded computer ceases to be
the original computer, as pertains to the OEM EULA, only when the *OEM*
says it's a different computer. If you've built the system yourself, and
used a generic OEM CD, then _you_ are the "OEM," and _you_ get to decide
when you'll no longer support your product."


--

Bruce Chambers

Help us help you:
http://dts-l.org/goodpost.htm
http://www.catb.org/~esr/faqs/smart-questions.html

You can have peace. Or you can have freedom. Don't ever count on having
both at once. - RAH

My original post is entirely relevant to your issue.

--
Carey Frisch
Microsoft MVP
Windows XP - Shell/User
Microsoft Newsgroups

Be Smart! Protect Your PC!
http://www.microsoft.com/athome/secu...t/default.mspx

------------------------------------------------------------------------------

"Kenny S" wrote:

|I have heard that some people sell OEM versions with hardware like a cable
| or a mouse.... so what motherboard you have is irrelevent

Kenny, you just don't understand . . .

-----Original Message-----
I have heard that some people sell OEM versions with
hardware like a cable
or a mouse.... so what motherboard you have is irrelevent


"Carey Frisch [MVP]" wrote in
message
...
The license for an OEM version of Windows XP is tied
forever to
the first computer it was installed and activated on.
If you make a
major hardware change, such as installing an entirely
different
motherboard,
the license is no longer valid. That is one reason OEM
versions cost
less...
no support directly from Microsoft.

A "retail version" of Windows XP is what you need if
future
hardware upgrades are anticipated.

--
Carey Frisch
Microsoft MVP
Windows XP - Shell/User
Microsoft Newsgroups

Be Smart! Protect Your PC!

http://www.microsoft.com/athome/secu...ect/default.ms
px

--------------------------------------------------------
----------------------

"slotcarz" wrote:

| I bought a OEM version of Win XP Home w/SP1 off of
ebay. I received a
piece
| of hardware as per ebay/Microsoft regulations for the
transaction. I am
| building a new pc with a new cpu, motherboard, and
ram, using My old
HDD,
| both dvd and dvd/rw drives. Can someone tell me where
I stand on
| re-activation? As I remember, I received a cdrom
cable as my hardware
with
| this purchase. I had to re-format and install XP Home
at the end of
Jan/05
| due to a problem and activation went thru no problem.
I have this
feeling I
| am screwed and have to buy another copy of XP. Is
there not anything
that can
| be done to not have to do this. I went thru the
automated help to get my
2
| free requests for help but looks like they want me to
pay for that also.
| thanks for your time
|
| slotcarz


.

I have used my XP Pro OEM down through three MB's and CPUS's.
They activated over the net. Period. You may have to call since it
lhas
been such a short time. 120 days since installs prevents any problems.
Incidently it is illegal for any of these people to give legal advice
without
passing the bar. The EULA is a very vague _contract_ which would be
covered by an attorney specializing in contract law, _Not an MVP.

slotcarz wrote:
| Thanks for replying so fast. I can now say I really know the
| difference between OEM and retail. That is one thing that is not
| stressed at ebay on these auctions and that should be changed.
| I unfortunatly will have to pay the price on this mistake.
| thanks again,
| slotcarz
|
| "Rick "Nutcase" Rogers" wrote:
|
|| Hi,
||
|| Sadly, OEM copies are generally tied to the system they are first
|| activated on and cannot be moved to a new one. While this is not
|| universal, that is the way it is most of the time. This restriction
|| is one of the reasons why they are cheaper than retail versions. A
|| new cpu and motherboard is essentially a new system, and you will
|| likely not be able to activate it. This is really a case of "you get
|| what you pay for".

There are two types of OEM activation schemes. One is called System Locked
activation and is tied to the BIOS. This type of OEM cd's have the BIOS
code and do not generate an activation hardware hash. These systems never
activate over the internet because they are already activated by the
manufacturer by virtue of the BIOS code. A replacement of the same model
motherboard with an identical BIOS is a match with the BIOS code on the cd
and the system remains activated. You could change everything else on the
computer and it would not matter. No activation is required. If the BIOS
does not match, however, a call to the activation center is required.

Your OEM cd is of the other type. Activation does rely on the same hardware
hash scheme retail products do. These are the cd's that sell on eBay.

--
Colin Barnhorst [MVP Windows - Virtual Machine]
(Reply to the group only unless otherwise requested)
"BBUNNY" wrote in message
...
I have used my XP Pro OEM down through three MB's and CPUS's.
They activated over the net. Period. You may have to call since it
lhas
been such a short time. 120 days since installs prevents any problems.
Incidently it is illegal for any of these people to give legal advice
without
passing the bar. The EULA is a very vague _contract_ which would be
covered by an attorney specializing in contract law, _Not an MVP.

slotcarz wrote:
| Thanks for replying so fast. I can now say I really know the
| difference between OEM and retail. That is one thing that is not
| stressed at ebay on these auctions and that should be changed.
| I unfortunatly will have to pay the price on this mistake.
| thanks again,
| slotcarz
|
| "Rick "Nutcase" Rogers" wrote:
|
|| Hi,
||
|| Sadly, OEM copies are generally tied to the system they are first
|| activated on and cannot be moved to a new one. While this is not
|| universal, that is the way it is most of the time. This restriction
|| is one of the reasons why they are cheaper than retail versions. A
|| new cpu and motherboard is essentially a new system, and you will
|| likely not be able to activate it. This is really a case of "you get
|| what you pay for".

In ,
slotcarz respectfully replied ;-)
I bought a OEM version of Win XP Home w/SP1 off of ebay. I received a
piece of hardware as per ebay/Microsoft regulations for the
transaction. I am building a new pc with a new cpu, motherboard, and
ram, using My old HDD, both dvd and dvd/rw drives. Can someone tell
me where I stand on re-activation? As I remember, I received a cdrom
cable as my hardware with this purchase. I had to re-format and
install XP Home at the end of Jan/05 due to a problem and activation
went thru no problem. I have this feeling I am screwed and have to
buy another copy of XP. Is there not anything that can be done to not
have to do this. I went thru the automated help to get my 2 free
requests for help but looks like they want me to pay for that also.
thanks for your time

slotcarz

Click on the link below, or copy and paste the link into the address box
if using the web based newsgroup.
Move XP to new hardware.
http://www.michaelstevenstech.com/moving_xp.html
--
Michael Stevens MS-MVP XP

http://www.michaelstevenstech.com
For a better newsgroup experience. Setup a newsreader.
http://www.michaelstevenstech.com/ou...snewreader.htm

"slotcarz" wrote in message
...
Um .. Wow Bruce!
I am going balls to wall (sorta I guess),
- P4 HT 3 Ghz Prescott cpu, (need a new board for it)
- ASRock P4V88 RAID VIA PT880 Chipset Motherboard ( cheaper but I'm sure
it
will work ok)(so new memory)
- 512 mb DDR333 ram
- new case to accomodate the new mix and heat off this bad boy..
so yes I have bought a new case..

Using from old pc
- 40 GB HDD
- DVD rom
- DVD/RW
- floppy drive
- radeon 9200 video card
- sound blaster card

I can see that the OS locks itself but like said above, I got a piece of
wire for my "hardware requirement". Maybe the seller is at fault on that
one
but I'm sure it wasn't enforced like it should be or pull it all off of
ebay
and not let it be sold as it probably was sold with a pc at some point
before
it got to ebay.
oh well..live and learn right??
cya


The hardware requirement for selling the software is completely unrelated to
what the software is tied to for activation.

A DVD rom cable doesn't count.

--=20
----------------------------------------------------------
http://www.microscum.com/mscommunity/
"slotcarz" wrote in message =
...
Thanks for replying so fast. I can now say I really know the =
difference=20
between OEM and retail. That is one thing that is not stressed at ebay =
on=20
these auctions and that should be changed.=20
I unfortunatly will have to pay the price on this mistake.=20
thanks again,
slotcarz
=20
"Rick "Nutcase" Rogers" wrote:
=20
Hi,
=20
Sadly, OEM copies are generally tied to the system they are first =
activated=20
on and cannot be moved to a new one. While this is not universal, =
that is=20
the way it is most of the time. This restriction is one of the =
reasons why=20
they are cheaper than retail versions. A new cpu and motherboard is=20
essentially a new system, and you will likely not be able to activate =
it.=20
This is really a case of "you get what you pay for".
=20
--=20
Best of Luck,
=20
Rick Rogers, aka "Nutcase" - Microsoft MVP
http://mvp.support.microsoft.com/
Associate Expert - WindowsXP Expert Zone
www.microsoft.com/windowsxp/expertzone
Windows help - www.rickrogers.org
=20
"slotcarz" wrote in message=20
...
I bought a OEM version of Win XP Home w/SP1 off of ebay. I received =
a piece
of hardware as per ebay/Microsoft regulations for the transaction. =
I am
building a new pc with a new cpu, motherboard, and ram, using My =
old HDD,
both dvd and dvd/rw drives. Can someone tell me where I stand on
re-activation? As I remember, I received a cdrom cable as my =
hardware with
this purchase. I had to re-format and install XP Home at the end of =
Jan/05
due to a problem and activation went thru no problem. I have this =
feeling=20
I
am screwed and have to buy another copy of XP. Is there not =
anything that=20
can
be done to not have to do this. I went thru the automated help to =
get my 2
free requests for help but looks like they want me to pay for that =
also.
thanks for your time

slotcarz=20
=20
=20

The OEM did not have a license to sell the OEM version of XP. Therefore =
they cannot license you as they don't have one. You cannot sell OEM with =
peripherals. Therefore you were ripped off.

--=20
----------------------------------------------------------
http://www.microscum.com/mscommunity/
"Bruce Chambers" wrote in message =
...
slotcarz wrote:
I bought a OEM version of Win XP Home w/SP1 off of ebay. I received a =
piece=20
of hardware as per ebay/Microsoft regulations for the transaction. I =
am=20
building a new pc with a new cpu, motherboard, and ram, using My old =
HDD,=20
both dvd and dvd/rw drives. Can someone tell me where I stand on=20
re-activation? As I remember, I received a cdrom cable as my hardware =
with=20
this purchase. I had to re-format and install XP Home at the end of =
Jan/05=20
due to a problem and activation went thru no problem. I have this =
feeling I=20
am screwed and have to buy another copy of XP. Is there not anything =
that can=20
be done to not have to do this. I went thru the automated help to get =
my 2=20
free requests for help but looks like they want me to pay for that =
also.
thanks for your time
=20
slotcarz
=20
=20
The operative words in you post may be "... building a new pc...."
=20
However, you will also be transferring some of the hardware=20
components (something more significant than a case screw or power =
cord)=20
from the old PC to the new PC. Will you also be using the same case?=20
So, your actions could possibly be construed as a hardware upgrade,=20
rather than as a "new computer." Additionally, you'll have entered a=20
grey area in the OEM EULA.
=20
According to the EULA, an OEM license may not be transferred from=20
one distinct PC to another PC. However, this most emphatically does =
not=20
prohibit one from repairing or upgrading the PC on which an OEM =
license=20
is installed.
=20
Now, some people believe that the motherboard is the key component =

that defines the "original computer," but the OEM EULA does not make =
any=20
such distinction. Others have said that one could successfully argue=20
that it's the PC's case that is the deciding component, as that is =
where=20
one is instructed to affix the OEM CoA label w/Product Key. Again, =
the=20
EULA does not specifically define any single component as the =
computer.
=20
Microsoft has, to date, been very careful _not_ publicly to define =

when an incrementally upgraded computer ceases to be the original=20
computer. The closest I've ever seen a Microsoft employee come to =
this=20
definition (in a public forum) is to tell the person making the =
inquiry=20
to consult the PC's manufacturer. As the OEM license's support is=20
solely the responsibility of said manufacturer, they should determine=20
what sort of hardware changes to allow before the warranty and support =

agreements are voided. To paraphrase: An incrementally upgraded=20
computer ceases to be the original computer, as pertains to the OEM=20
EULA, only when the *OEM* says it's a different computer. If you've=20
built the system yourself, and used a generic OEM CD, then _you_ are =
the=20
"OEM," and _you_ get to decide when you'll no longer support your =
product."
=20
=20
--=20
=20
Bruce Chambers
=20
Help us help you:
http://dts-l.org/goodpost.htm
http://www.catb.org/~esr/faqs/smart-questions.html
=20
You can have peace. Or you can have freedom. Don't ever count on =
having=20
both at once. - RAH

Thanks to all who posted. I have purchased a new retail version and won't
have to worry about it any longer.
Now I just have to get all my hardware and putt his thing together.. My cost
building my own is more than half less if I would have bought an OOB pc..
thanks again
slotcarz

"slotcarz" wrote:

I bought a OEM version of Win XP Home w/SP1 off of ebay. I received a piece
of hardware as per ebay/Microsoft regulations for the transaction. I am
building a new pc with a new cpu, motherboard, and ram, using My old HDD,
both dvd and dvd/rw drives. Can someone tell me where I stand on
re-activation? As I remember, I received a cdrom cable as my hardware with
this purchase. I had to re-format and install XP Home at the end of Jan/05
due to a problem and activation went thru no problem. I have this feeling I
am screwed and have to buy another copy of XP. Is there not anything that can
be done to not have to do this. I went thru the automated help to get my 2
free requests for help but looks like they want me to pay for that also.
thanks for your time

slotcarz

Rule 1. Specify your own computer. A cheap computer might be $800. You =
specify better parts and a GOOD computer may be $850.
Rule 2. Get retail or genuine MS OEM disks (eg not Compaq OEM disks) =
depending on your likely future use..

--=20
----------------------------------------------------------
http://www.microscum.com/mscommunity/
"slotcarz" wrote in message =
...
Thanks to all who posted. I have purchased a new retail version and =
won't=20
have to worry about it any longer.
Now I just have to get all my hardware and putt his thing together.. =
My cost=20
building my own is more than half less if I would have bought an OOB =
pc..
thanks again
slotcarz
=20
"slotcarz" wrote:
=20
I bought a OEM version of Win XP Home w/SP1 off of ebay. I received a =
piece=20
of hardware as per ebay/Microsoft regulations for the transaction. I =
am=20
building a new pc with a new cpu, motherboard, and ram, using My old =
HDD,=20
both dvd and dvd/rw drives. Can someone tell me where I stand on=20
re-activation? As I remember, I received a cdrom cable as my hardware =
with=20
this purchase. I had to re-format and install XP Home at the end of =
Jan/05=20
due to a problem and activation went thru no problem. I have this =
feeling I=20
am screwed and have to buy another copy of XP. Is there not anything =
that can=20
be done to not have to do this. I went thru the automated help to get =
my 2=20
free requests for help but looks like they want me to pay for that =
also.
thanks for your time
=20
slotcarz

I think you made the right decision. It is telling that all the questions
in the newsgroup are about OEM cd's. No one has to ask about retail
editions. They just work.

--
Colin Barnhorst [MVP Windows - Virtual Machine]
(Reply to the group only unless otherwise requested)
"slotcarz" wrote in message
...
Thanks to all who posted. I have purchased a new retail version and won't
have to worry about it any longer.
Now I just have to get all my hardware and putt his thing together.. My
cost
building my own is more than half less if I would have bought an OOB pc..
thanks again
slotcarz

"slotcarz" wrote:

I bought a OEM version of Win XP Home w/SP1 off of ebay. I received a
piece
of hardware as per ebay/Microsoft regulations for the transaction. I am
building a new pc with a new cpu, motherboard, and ram, using My old HDD,
both dvd and dvd/rw drives. Can someone tell me where I stand on
re-activation? As I remember, I received a cdrom cable as my hardware
with
this purchase. I had to re-format and install XP Home at the end of
Jan/05
due to a problem and activation went thru no problem. I have this feeling
I
am screwed and have to buy another copy of XP. Is there not anything that
can
be done to not have to do this. I went thru the automated help to get my
2
free requests for help but looks like they want me to pay for that also.
thanks for your time

slotcarz

My OEM disks all the way back to WIN95 throught XPH and
XPP just work.

Colin Barnhorst wrote:
| I think you made the right decision. It is telling that all the
| questions in the newsgroup are about OEM cd's. No one has to ask
| about retail editions. They just work.
|
|| Thanks to all who posted. I have purchased a new retail version and
|| won't have to worry about it any longer.
|| Now I just have to get all my hardware and putt his thing together..
|| My cost
|| building my own is more than half less if I would have bought an OOB
|| pc.. thanks again
|| slotcarz
||
|| "slotcarz" wrote:
||
||| I bought a OEM version of Win XP Home w/SP1 off of ebay. I received
||| a piece
||| of hardware as per ebay/Microsoft regulations for the transaction.
||| I am building a new pc with a new cpu, motherboard, and ram, using
||| My old HDD, both dvd and dvd/rw drives. Can someone tell me where I
||| stand on re-activation? As I remember, I received a cdrom cable as
||| my hardware with
||| this purchase. I had to re-format and install XP Home at the end of
||| Jan/05
||| due to a problem and activation went thru no problem. I have this
||| feeling I
||| am screwed and have to buy another copy of XP. Is there not
||| anything that can
||| be done to not have to do this. I went thru the automated help to
||| get my 2
||| free requests for help but looks like they want me to pay for that
||| also. thanks for your time
|||
||| slotcarz

A real OEM disk is virtually identical to a retail disk (it just won;t =
upgrade). But most companies make their own OEM disks. And anything =
goes. Some are just ghosted images.

--=20
----------------------------------------------------------
http://www.microscum.com/mscommunity/
"BBUNNY" wrote in message =
...
=20
My OEM disks all the way back to WIN95 throught XPH and
XPP just work.
=20
Colin Barnhorst wrote:
| I think you made the right decision. It is telling that all the
| questions in the newsgroup are about OEM cd's. No one has to ask
| about retail editions. They just work.
|
|| Thanks to all who posted. I have purchased a new retail version and
|| won't have to worry about it any longer.
|| Now I just have to get all my hardware and putt his thing =
together..
|| My cost
|| building my own is more than half less if I would have bought an =
OOB
|| pc.. thanks again
|| slotcarz
||
|| "slotcarz" wrote:
||
||| I bought a OEM version of Win XP Home w/SP1 off of ebay. I =
received
||| a piece
||| of hardware as per ebay/Microsoft regulations for the transaction.
||| I am building a new pc with a new cpu, motherboard, and ram, using
||| My old HDD, both dvd and dvd/rw drives. Can someone tell me where =
I
||| stand on re-activation? As I remember, I received a cdrom cable as
||| my hardware with
||| this purchase. I had to re-format and install XP Home at the end =
of
||| Jan/05
||| due to a problem and activation went thru no problem. I have this
||| feeling I
||| am screwed and have to buy another copy of XP. Is there not
||| anything that can
||| be done to not have to do this. I went thru the automated help to
||| get my 2
||| free requests for help but looks like they want me to pay for that
||| also. thanks for your time
|||
||| slotcarz
=20
=20