OEM versus Upgrade

I have one computer lol never had more than one lol.
"Opinicus" wrote in message
...
"Mike Brannigan [MSFT]" wrote in message
The OEM install of Windows XP is tied to the first Computer it is
installed to.

Define "first Computer" please.

(I would have said "is installed on" but WTH...)

--
Bob
Kanyak's Doghouse
http://www.kanyak.com

Mike Brannigan [MSFT] wrote:
"Opinicus" wrote in message
...
"Leythos" wrote

OEM installs are "licensed" to the first computer they are
installed on, there is no moving the "License" to another computer
according to the OEM license.

Moving your License from the old computer, no matter what shape the
computer is in, to a new computer, violates the license agreement.

Ah... but what is an "old computer" and what is a "new computer"? If
a part of my existing computer fails and I replace it, do I have a
"new computer"?. Suppose my power cord frazzles and I have to
replace it. Do I have "another" computer?

Read section 1.2 (at least in the later versions) of the EULA for OEM
Windows XP.


It says nothing about when an old computer is upgraded to the point of
being a new computer.

--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei"

"kurttrail" wrote in message
...
Mike Brannigan [MSFT] wrote:
"Opinicus" wrote in message
...
"Leythos" wrote

OEM installs are "licensed" to the first computer they are
installed on, there is no moving the "License" to another computer
according to the OEM license.

Moving your License from the old computer, no matter what shape the
computer is in, to a new computer, violates the license agreement.

Ah... but what is an "old computer" and what is a "new computer"? If
a part of my existing computer fails and I replace it, do I have a
"new computer"?. Suppose my power cord frazzles and I have to
replace it. Do I have "another" computer?

Read section 1.2 (at least in the later versions) of the EULA for OEM
Windows XP.


It says nothing about when an old computer is upgraded to the point of
being a new computer.

--
Peace!
Kurt

No wonder he didn't quote it.
--
Alias

Use the Reply to Sender feature of your news reader program to email me.
Utiliza Responder al Remitente para mandarme un mail.

But, first computer is besides the point, you have to definie what one
computer is before oyu have multiples. And this is outside the creative
logic of microsoft which does not necessarily define a computer. Because a
processor is not a computer there is more to it than a processor. There is
more to a computer than microsoft's liscence. Microsofts' view is their
creative view that they are lucky enough to make kick ass monopolistic bucks
with lol. I love reading the hype, Watch out microsoft, firefox has 5% of
the market woh. How long did it take? what rate? and how big? 5% aint
crap. That is hype to try to lead people to think microsoft does no longer
have the monopoly and that implication is microsoft has competition lol. \
If there were an equal competitor in the pc market microsoft woudl have
to worry, but they dont. Linux is not all that much of a threat and i guess
that linux is the competition. When there is no competition or viable
competition there will be extreme measures within the law (the law that
microsoft hasnt bought) to extort the customer. I would love to see audits
of judges, especially on the RIAA docket. I have a theory of contributions
thirdparty to judges who can be beneficial to corporates. Corporates could
pull off that kind of crap. It is funny that some of these corporates have
powers the police dont lol.
It points the finger at the 'prostitute' court system we have here in
America. It is true that they have let killers go because of lack of search
warrant. Now, how do these corporations hack into private homes and
therefore can sue without search warrant prior to their searching to find
out what people in their private homes are doing? As i said, they are doing
what teh police can't. It is funny how this country fought communism only
to embrace it after the coldwar.
This is another point, the virus writers, who the hell do they think
they are screwing? They for surely are not screwing microsoft, they are
only screwing the average low guy that has hardly any money. Microsoft is
going to be selling antivirus software right? So, all of those virus
writers got to think, they are going to be making microsoft money by their
deeds!!!!!
I had a t heory that i pulled off of the antispyware companies like
spykiller i saw like hundreds of popups couldnt go anywhere on the net, and
they were, "your pc is infected, come buy this to remove" that is
extortion, i will send you spyware to have you pay me to take them off lol.
So, cant antivirus companies do the same? Create viruses and therefore
bring in business. Virus writers are actually making money to the Antivirus
venders while they stick time loss and loss of money to the consumer. That
is why Microsoft has a sweet deal, they dont have to do crap if your
computer gets an infection and you lose time. It is a one way street. So,
to have a company that actually has to do basically nothing for you if you
lose all the time and at the same time have such great rrationale rights to
liscences, how do they validate their expensive product? Easy, no
competition.
"Mike Brannigan [MSFT]" wrote in message
...
"Opinicus" wrote in message
...
"Mike Brannigan [MSFT]" wrote in message
The OEM install of Windows XP is tied to the first Computer it is
installed to.

Define "first Computer" please.

(I would have said "is installed on" but WTH...)


See section 1.2 of the OEM EULA for Windwos XP (at least it is that
section in the later versions).

--

Regards,

Mike
--
Mike Brannigan [Microsoft]

This posting is provided "AS IS" with no warranties, and confers no
rights

Please note I cannot respond to e-mailed questions, please use these
newsgroups

"Opinicus" wrote in message
...
"Mike Brannigan [MSFT]" wrote in message
The OEM install of Windows XP is tied to the first Computer it is
installed to.

Define "first Computer" please.

(I would have said "is installed on" but WTH...)

--
Bob
Kanyak's Doghouse
http://www.kanyak.com

of course, this seems to be a lopsided view. I am not saying microsoft is a
terrible company or anything. Actually, everyone has positives and
negatives. And Gates is known for his giving of money. And microsoft is
not that bad with their support when you need to deal with them. And,
actually i find xp and their x64 so far to be really stable actually. I
have not had a freeze of the operating system ever since i have used it and
i have been using it for years. It used to be on windows 98 it would happen
like many times a day. They did do a great job compared to how windows 98
was.
"Mike Brannigan [MSFT]" wrote in message
...
"mrpsychology" wrote in message
...
So, individuals cant get academic software? Not students? Actually,
that bringts a spontaneous question, does it exlcude high school
students? whatr would make high school nonacademic? And then you would
be suing the pants off all the schools selling academic versins to
students in college lol.

I never mentioned anyone not being able to buy academic licenses.
I only answered the part about non profit as that seems to be the area the
question was focused on.
Of course we do academic licensing
I would have assumed you could have found yourself the entire sections on
Academic licensing for indiviuals and larger bodies.
Here are some link to start from for any interested parties.

http://www.microsoft.com/Education/Eligible.aspx
http://www.microsoft.com/Education/H...stitution.aspx



--

Regards,

Mike
--
Mike Brannigan [Microsoft]

This posting is provided "AS IS" with no warranties, and confers no
rights

Please note I cannot respond to e-mailed questions, please use these
newsgroups

"mrpsychology" wrote in message
...
So, individuals cant get academic software? Not students? Actually,
that bringts a spontaneous question, does it exlcude high school
students? whatr would make high school nonacademic? And then you would
be suing the pants off all the schools selling academic versins to
students in college lol.
"Mike Brannigan [MSFT]" wrote in message
...
"mrpsychology" wrote in message
...
Now, doesnt microsoft have academic pricing and as well people who work
in the field of education as well? Workign in Daycare would constitute
education working wouldnt it? Or nonprofit?

see
The Microsoft Open License Charity program allows eligible nonprofit
organizations to acquire multiple software licenses-rather than multiple
software packages-at reduced prices
http://www.microsoft.com/licensing/p...encharity.mspx

--

Regards,

Mike
--
Mike Brannigan [Microsoft]

This posting is provided "AS IS" with no warranties, and confers no
rights

Please note I cannot respond to e-mailed questions, please use these
newsgroups

"mrpsychology" wrote in message
...
Now, doesnt microsoft have academic pricing and as well people who work
in the field of education as well? Workign in Daycare would constitute
education working wouldnt it? Or nonprofit?
"Carl G" cgerving@ecenetDOTcom wrote in message
...
Hi again
We wnt to build a total new pc , but keep her old hard drives (2)
,that way we don't have to worry about cleaning them out or distroying
them.She does a daycare buisness and keeps all her records on the
pc,she has 2 hard drives now, one with windows on and the other for
storage,+ the my documents folder.
Thanks

--
Carl G
"CWatters" wrote in message
...

"Carl G" cgerving@ecenetDOTcom wrote in message
...
Hi guys
If i buy a microsoft OEM version of XP Home ,can i transfer it from
one pc
to another like i would be able to do with a upgrade copy.
I want to install xp on my daughters pc now but in the near future
she
wants
to build a new pc.
So can we transfer the oem copy to the new home built pc.She has
home
built
pc now,wants a bigger one.
Thanks

I might be wrong but I believe the official view is no. Once an OEM
copy has
been activated on one PC you can't reactivate it on another.

However I believe you get 30 days to activate an installation so you
could
always install it for 30 days and then move it to another PC. Just
don't
activate it by accident when if prompts you.

That is a great idea, to create a union for windows users. Since the
product is liscenced and not sold as is, there should be a union of sorts.
And union could do a great job at clearing up the rationale or easy
manipulation of definitions of w hat computers are and make it easier for
consumers to save money.

"Alias" wrote in message
...

"kurttrail" wrote in message
...
Mike Brannigan [MSFT] wrote:
"Opinicus" wrote in message
...
"Leythos" wrote

OEM installs are "licensed" to the first computer they are
installed on, there is no moving the "License" to another computer
according to the OEM license.

Moving your License from the old computer, no matter what shape the
computer is in, to a new computer, violates the license agreement.

Ah... but what is an "old computer" and what is a "new computer"? If
a part of my existing computer fails and I replace it, do I have a
"new computer"?. Suppose my power cord frazzles and I have to
replace it. Do I have "another" computer?

Read section 1.2 (at least in the later versions) of the EULA for OEM
Windows XP.


It says nothing about when an old computer is upgraded to the point of
being a new computer.

--
Peace!
Kurt

No wonder he didn't quote it.
--
Alias

Use the Reply to Sender feature of your news reader program to email me.
Utiliza Responder al Remitente para mandarme un mail.

WEll, a few states have recieved million dollar settlements that microsoft
had to pay for people who bought their products between certain years. i
kind of forgot about that. So i guess with their legal troubles in europe
as well they need to be a little cautious. Because when you have almost
absolute power over a computer you have to be careful on property rights.
"kurttrail" wrote in message
...
BBUNNY wrote:
Mike Brannigan [MSFT] wrote:
"CWatters" wrote in message
...

I might be wrong but I believe the official view is no. Once an OEM
copy has
been activated on one PC you can't reactivate it on another.

However I believe you get 30 days to activate an installation so
you could always install it for 30 days and then move it to
another PC. Just don't activate it by accident when if prompts you.


Activation is not related the use of the license in this case.
Once you install the OEM software to the PC it may not be moved to
another irrespective of if you activated it or not.

If this is true, Microsoft is not enforcing the rule. From
experience.

That's because the can't. Even installing XP on 10 computers, MS can't
figure out that XP is installed on 10 computers through Product
Activation.

All PA tells MS is that XP is installed on substantially different
hardware, but it can't figure what hardware it's installed on. With PA,
MS relies on the idiot that tells them during Phone Activation that they
installed XP on more than one computer.

--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei"

This whole EULA reads just like a (do not remove this tag)
on a mattress. I am going to do what I do in the privacy of
my home.....period.....

kurttrail wrote:
Mike Brannigan [MSFT] wrote:
"Opinicus" wrote in message
...
"Leythos" wrote

OEM installs are "licensed" to the first computer they are
installed on, there is no moving the "License" to another computer
according to the OEM license.

Moving your License from the old computer, no matter what shape the
computer is in, to a new computer, violates the license agreement.

Ah... but what is an "old computer" and what is a "new computer"? If
a part of my existing computer fails and I replace it, do I have a
"new computer"?. Suppose my power cord frazzles and I have to
replace it. Do I have "another" computer?

Read section 1.2 (at least in the later versions) of the EULA for OEM
Windows XP.


It says nothing about when an old computer is upgraded to the point of
being a new computer.

--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei"

I would agree with your definition.
"Leythos" wrote in message
news
On Tue, 15 Feb 2005 00:07:30 +0200, Opinicus wrote:

"Leythos" wrote

OEM installs are "licensed" to the first computer they are installed
on,
there is no moving the "License" to another computer according to the
OEM
license.

Moving your License from the old computer, no matter what shape the
computer is in, to a new computer, violates the license agreement.

Ah... but what is an "old computer" and what is a "new computer"? If a
part of my existing computer fails and I replace it, do I have a "new
computer"?. Suppose my power cord frazzles and I have to replace it. Do
I have "another" computer? Is my OEM license now invalid?

As this is only my OPINION, here is what I would consider a new computer:

Anytime the motherboard is replaced with a different model, that's a new
computer. Since the computer is based around the motherboard and it's
chipset, it would seem to me that the Motherboard defines the computer.

As for Upgrades, those include things like CPU's, Drives, Memory, Video,
PSU's, cases, keyboards, etc...

As justification, I can Upgrade all of the devices in a computer with the
exception of the Motherboard and have only a small impact on the installed
OS, but, where I to upgrade the Motherboard, from an Intel board to an AMD
board, or from a VIA chipset to an Intel chipset board, it would cause
problems that might require the reinstallation of the OS.

It's like of like looking at Cars - you can put a 427 in a Camaro and it's
still a Camaro, but if you put a VW Bug on a 427 it's just a bug. The CPU
doesn't matter, only the part that ties it all together - the motherboard.

--

remove 999 in order to email me

mrpsychology wrote:
That is a great idea, to create a union for windows users. Since the
product is liscenced and not sold as is, there should be a union of
sorts. And union could do a great job at clearing up the rationale or
easy manipulation of definitions of w hat computers are and make it
easier for consumers to save money.

Actually the product is SOLD, and then licensed according to MS's
post-sale shrink-wrap EULA bait-n-switch!

MS sells copies of software to the software wholesaler, who in not a
licensee of those copies of software, the wholesaler, in turn, sell the
copies of software to many different software retailers, who aren't
licensees of the copies of software that they buy, they own those
copies. Now the consumer goes to WalMart plunks down cash for an OEM
copy of software, WinXP, and a 42" LCD TV, and both products are sold to
the consumer by the former owner of those products, WalMart. The
consumer at the time of sale then becomes the newest owner of both of
those products, with a long established line of ownership prior to the
sale. The parallel doesn't stop there. Both products come with
post-sale shrink-wrap licenses that can only be read after the packaging
is opened. Both shrink-wrap licenses contain warrantee information.
The only real difference is, that after the fact of the sale and the
fact of the transfer of ownership of that copy of software from WalMart
to its customer, MS tries to change the reality of facts of the sale, by
stating that the "software is licensed not sold." Imagine if your TV
came with those terms! Your TV is licensed not sold, AFTER the fact of
the SALE and transfer of ownership!

Think about it. MS's EULA is trying to rewrite the facts of the past
through a post-sale hidden-inside-the-packaging shrink-wrap license, and
based on that rewrite of reality they rest their claims to be able to
tell people what they can and cannot do with the copy of software that
was legally SOLD to them for use in the privacy and SANCTITY of their
homes!

--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei"

mrpsychology wrote:
WEll, a few states have recieved million dollar settlements that
microsoft had to pay for people who bought their products between
certain years. i kind of forgot about that. So i guess with their
legal troubles in europe as well they need to be a little cautious.
Because when you have almost absolute power over a computer you have
to be careful on property rights.

Well, in Florida where I live, one of the terms of settlement in order
for a consumer to get money from the State of Florida's settlement with
MS, was to agree that the software was licensed.

Needless to say, that eventhough I could have collected somewhere
between $20 and $40 bucks, I didn't try to cash in on that settlement,
and have a public acceptance of MS terms that have yet to be legally
proven.

--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei"

Leythos wrote:
On Tue, 15 Feb 2005 00:07:30 +0200, Opinicus wrote:

"Leythos" wrote

OEM installs are "licensed" to the first computer they are installed
on,
there is no moving the "License" to another computer according to
the OEM
license.

Moving your License from the old computer, no matter what shape the
computer is in, to a new computer, violates the license agreement.

Ah... but what is an "old computer" and what is a "new computer"? If
a part of my existing computer fails and I replace it, do I have a
"new computer"?. Suppose my power cord frazzles and I have to
replace it. Do I have "another" computer? Is my OEM license now
invalid?

As this is only my OPINION, here is what I would consider a new
computer:

Anytime the motherboard is replaced with a different model, that's a
new computer. Since the computer is based around the motherboard and
it's chipset, it would seem to me that the Motherboard defines the
computer.

As for Upgrades, those include things like CPU's, Drives, Memory,
Video, PSU's, cases, keyboards, etc...

As justification, I can Upgrade all of the devices in a computer with
the exception of the Motherboard and have only a small impact on the
installed OS, but, where I to upgrade the Motherboard, from an Intel
board to an AMD board, or from a VIA chipset to an Intel chipset
board, it would cause problems that might require the reinstallation
of the OS.

It's like of like looking at Cars - you can put a 427 in a Camaro and
it's still a Camaro, but if you put a VW Bug on a 427 it's just a
bug. The CPU doesn't matter, only the part that ties it all together
- the motherboard.

Who cares! My opinion is that if a replace my computer, and the next
computer that I call my computer is still my computer! And If I want to
scotch tape a case screw inside my computer, that's all I really need to
do to conform to MS's 1st Installed Computer CLAIM, since they NEVER
DEFINE when an old computer is upgraded to the point of a new computer.

And if MS doesn't like it, tough boobies to them! I already understand
to what lengths MS is willing to stoop to in order to keep their
unsubstantiated EULA claims on private non-commerial use out of the
courts.

MS is like the boy who cried "Wolf," too many times. I don't believe
them anymore. When MS first started PA in the Office software line, I
gave them the benefit of the doubt, but after spending an hour on hold
just to use my software, I started to think twice. Then when they
implemented into the OS, where the only thing it could do for the END
USER is screw them out of their entire computer, I began to start
finding out for myself, instead of just blindly believing the cries of
"ThiefWolf."

PA, MS's supposed EULA enforcement tool is just a way to FUD people into
believing that the Emperer has New Clothes. The problem is now that I
stop believing the false cries of "Wolf," I know see that Emperer never
had any clothes to begin with. All he had was some good marketing lies
that spun a web of virtual cloth! It's nothing but bubkis!

--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei"

"Leythos" wrote in message
news
On Tue, 15 Feb 2005 00:07:30 +0200, Opinicus wrote:

"Leythos" wrote

OEM installs are "licensed" to the first computer they are installed
on,
there is no moving the "License" to another computer according to the
OEM
license.

Moving your License from the old computer, no matter what shape the
computer is in, to a new computer, violates the license agreement.

Ah... but what is an "old computer" and what is a "new computer"? If a
part of my existing computer fails and I replace it, do I have a "new
computer"?. Suppose my power cord frazzles and I have to replace it. Do
I have "another" computer? Is my OEM license now invalid?

As this is only my OPINION, here is what I would consider a new computer:

Anytime the motherboard is replaced with a different model, that's a new
computer. Since the computer is based around the motherboard and it's
chipset, it would seem to me that the Motherboard defines the computer.

As for Upgrades, those include things like CPU's, Drives, Memory, Video,
PSU's, cases, keyboards, etc...

As justification, I can Upgrade all of the devices in a computer with the
exception of the Motherboard and have only a small impact on the installed
OS, but, where I to upgrade the Motherboard, from an Intel board to an AMD
board, or from a VIA chipset to an Intel chipset board, it would cause
problems that might require the reinstallation of the OS.

It's like of like looking at Cars - you can put a 427 in a Camaro and it's
still a Camaro, but if you put a VW Bug on a 427 it's just a bug. The CPU
doesn't matter, only the part that ties it all together - the motherboard.

I disagree with your opinion. If my motherboard goes south, I may have to
make a call to activate (been there, done that and wore out the T-Shirt).
OR, if I want to upgrade to a motherboard that can handle faster RAM or a
faster processor, I can. It's still the same computer, only upgraded or
repaired.
--
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Use the Reply to Sender feature of your news reader program to email me.
Utiliza Responder al Remitente para mandarme un mail.

"mrpsychology" wrote in message
...
I would agree with your definition.

See my post where I disagree and see what you think.
--
Alias

Use the Reply to Sender feature of your news reader program to email me.
Utiliza Responder al Remitente para mandarme un mail.
"Leythos" wrote in message
news
On Tue, 15 Feb 2005 00:07:30 +0200, Opinicus wrote:

"Leythos" wrote

OEM installs are "licensed" to the first computer they are installed
on,
there is no moving the "License" to another computer according to the
OEM
license.

Moving your License from the old computer, no matter what shape the
computer is in, to a new computer, violates the license agreement.

Ah... but what is an "old computer" and what is a "new computer"? If a
part of my existing computer fails and I replace it, do I have a "new
computer"?. Suppose my power cord frazzles and I have to replace it. Do
I have "another" computer? Is my OEM license now invalid?

As this is only my OPINION, here is what I would consider a new computer:

Anytime the motherboard is replaced with a different model, that's a new
computer. Since the computer is based around the motherboard and it's
chipset, it would seem to me that the Motherboard defines the computer.

As for Upgrades, those include things like CPU's, Drives, Memory, Video,
PSU's, cases, keyboards, etc...

As justification, I can Upgrade all of the devices in a computer with the
exception of the Motherboard and have only a small impact on the
installed
OS, but, where I to upgrade the Motherboard, from an Intel board to an
AMD
board, or from a VIA chipset to an Intel chipset board, it would cause
problems that might require the reinstallation of the OS.

It's like of like looking at Cars - you can put a 427 in a Camaro and
it's
still a Camaro, but if you put a VW Bug on a 427 it's just a bug. The CPU
doesn't matter, only the part that ties it all together - the
motherboard.

--

remove 999 in order to email me

mrpsychology wrote:
What if the oem computer was taken apart and not used? Say, the computer's
motherboard and cpu is taken out and the oem copy of windows is no longer on
that oem. Then the oem would not have the liscence right? So then, you
possibly could use the oem windows on anotehr computer considering the oem
had used different os if it was taken apart?


No. An OEM license, once installed, is *not* transferable to any other
computer, ever, for whatever reason. You can remove or replace an OEM
license,but you cannot reuse it.





--

Bruce Chambers

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