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OEM versus Upgrade



 
 
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  #1  
Old February 13th 05, 05:10 PM
Carl G
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

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

--
Carl G


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  #2  
Old February 13th 05, 06:08 PM
Mike Brannigan [MSFT]
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

"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


Simply No.
OEM versions are tied to the first PC they are installed to.
They are not transferable to another PC at any later date.

If you wish to be able to transfer the license to another PC you must
purchase the full Retail version.

--

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

"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

--
Carl G



  #3  
Old February 13th 05, 06:13 PM
Vagabond Software
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

"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=20
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=20
to build a new pc.
So can we transfer the oem copy to the new home built pc.She has home =

built=20
pc now,wants a bigger one.
Thanks
=20
--=20


It will be technically possible to install your OEM version of Windows =
XP on your daughters next computer, but it is not permitted by the EULA. =
It would be like continuing to use an unlicensed version of Winzip =
beyond the trial period or using the free edition of Avast Antivirus in =
a corporate environment; possible, but not permissible.

However, the story is entirely different with your Upgrade version, =
which is transferrable to the new machine.

carl
  #4  
Old February 13th 05, 06:13 PM
Bruce Chambers
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

Carl G wrote:
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.



No. OEM versions must be sold with a non-peripheral piece of hardware
(normally a motherboard or hard drive, if not an entire PC, although
Microsoft has greatly relaxed the hardware criteria for WinXP) and are
_permanently_ bound to the first PC on which they are installed. An OEM
license, once installed, is not legally transferable to another computer
under any circumstances. This is the main reason some people avoid OEM
versions; if the PC dies or is otherwise disposed of (even stolen), you
cannot legitimately re-use your OEM license on a new PC.


I want to install xp on my daughters pc now but in the near future she wants
to build a new pc.



Then you best option would be to use the WinXP Upgrade license. Keep
in mind, though, that in order to later use the Upgrade license on a new
PC, you'll need to have an older, qualifying OS license for the new PC,
and you'll need to remove the Upgrade license from the first PC on which
you install it. (If there's a few hours' "over-lap" while you're
transferring files/data from the old computer to the new one, it
shouldn't be a big deal. Your intent is correct.)


So can we transfer the oem copy to the new home built pc.She has home built
pc now,wants a bigger one.



Will you also be transferring any of the hardware components (something
more significant than a case screw or power cord) from the old PC to the
new PC? If 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
  #5  
Old February 13th 05, 06:28 PM
kurttrail
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

Mike Brannigan [MSFT] wrote:
"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


Simply No.


Nothing is simple with post-sale shrink-wrapped licenses.

OEM versions are tied to the first PC they are installed to.
They are not transferable to another PC at any later date.


That would be the CLAIM I mentioned in my post.


If you wish to be able to transfer the license to another PC you must
purchase the full Retail version.


MUST! LOL! Reality suggests that your "MUST" is total nonsense.


--

Regards,

Mike
--
Mike Brannigan [Microsoft]

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


In other words, he is talking for himself, and takes no responsibility
for his accuracy of his words, or their results.

--
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"


  #6  
Old February 13th 05, 06:30 PM
kurttrail
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

Vagabond Software wrote:
"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

--


It will be technically possible to install your OEM version of
Windows XP on your daughters next computer, but it is not permitted
by the EULA. It would be like continuing to use an unlicensed
version of Winzip beyond the trial period or using the free edition
of Avast Antivirus in a corporate environment; possible, but not
permissible.

However, the story is entirely different with your Upgrade version,
which is transferrable to the new machine.


As long as you have the qualifying media. Many Major OEM restore disks
cannot be used as qualifying media.

--
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"


  #7  
Old February 13th 05, 06:35 PM
CWatters
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade


"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.


  #8  
Old February 13th 05, 06:36 PM
Carl G
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

Hi Bruce
We are planning on buying the XP home CD from office max.it will not be oem
like compaq or HP. Just by reading i kinda got the idea there were 2
different kinds of OEM, one from oem builders and one from microsoft (office
max).
Is this corect. And yes i would be the builder.
Thanks again

--
Carl G
"Bruce Chambers" wrote in message
...
Carl G wrote:
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.



No. OEM versions must be sold with a non-peripheral piece of hardware
(normally a motherboard or hard drive, if not an entire PC, although
Microsoft has greatly relaxed the hardware criteria for WinXP) and are
_permanently_ bound to the first PC on which they are installed. An OEM
license, once installed, is not legally transferable to another computer
under any circumstances. This is the main reason some people avoid OEM
versions; if the PC dies or is otherwise disposed of (even stolen), you
cannot legitimately re-use your OEM license on a new PC.


I want to install xp on my daughters pc now but in the near future she
wants to build a new pc.



Then you best option would be to use the WinXP Upgrade license. Keep in
mind, though, that in order to later use the Upgrade license on a new PC,
you'll need to have an older, qualifying OS license for the new PC, and
you'll need to remove the Upgrade license from the first PC on which you
install it. (If there's a few hours' "over-lap" while you're transferring
files/data from the old computer to the new one, it shouldn't be a big
deal. Your intent is correct.)


So can we transfer the oem copy to the new home built pc.She has home
built pc now,wants a bigger one.



Will you also be transferring any of the hardware components (something
more significant than a case screw or power cord) from the old PC to the
new PC? If 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



  #9  
Old February 13th 05, 06:41 PM
Mike Brannigan [MSFT]
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

"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.

--

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

"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.




  #10  
Old February 13th 05, 07:24 PM
Alias
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade


"Mike Brannigan [MSFT]" wrote in message
...
"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.

--

Regards,

Mike


All you have to do is keep the hard drive or case or RAM and you're
upgrading a computer and reinstalling windows on the updated computer. If
you buy all new parts or a completely new computer, you are not supposed to
reninstall it but you "may" and "can" do it without problems if you wait 120
days after you first activated it or, if like another poster said, you don't
activate it on your yet to be upgraded computer. MS says you shouldn't do
it, although that has never been decided in a court of law so, yes, if MS
took you to court, you *may* be found in breach of the EULA contract, a
civil offense without serious consequences. If you live in a civilized
country, the judge will throw the breach of contract suit out as frivolous
as has been proven in Spain and other countries time and time again.
--
Alias

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


  #11  
Old February 13th 05, 07:55 PM
kurttrail
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

Alias wrote:
"Mike Brannigan [MSFT]" wrote in
message ...
"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.

--

Regards,

Mike


All you have to do is keep the hard drive or case or RAM and you're
upgrading a computer and reinstalling windows on the updated
computer. If you buy all new parts or a completely new computer, you
are not supposed to reninstall it but you "may" and "can" do it
without problems if you wait 120 days after you first activated it
or, if like another poster said, you don't activate it on your yet to
be upgraded computer. MS says you shouldn't do it, although that has
never been decided in a court of law so, yes, if MS took you to
court, you *may* be found in breach of the EULA contract, a civil
offense without serious consequences. If you live in a civilized
country, the judge will throw the breach of contract suit out as
frivolous as has been proven in Spain and other countries time and
time again.


Since MS doesn't define what a new different computer is as opposed to
an upgraded one, just move a case screw from the old computer to the new
one.

--
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"


  #12  
Old February 13th 05, 07:59 PM
kurttrail
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

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.


LOL! That's not in the EULA. Time to get MS Legal rewriting the EULA
again.

You guys added Activation, so no installation is truely completed into a
totally workable OS, until that install is ACTIVATED.

--
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"


  #13  
Old February 13th 05, 08:12 PM
Bruce Chambers
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

Carl G wrote:
Hi Bruce
We are planning on buying the XP home CD from office max.it will not be oem
like compaq or HP. Just by reading i kinda got the idea there were 2
different kinds of OEM, one from oem builders and one from microsoft (office
max).
Is this corect. And yes i would be the builder.



There are multiple types of OEM installation CDs.

Some computer manufacturers provide only a "Recovery" CD that has a
hard drive "image" on it. These CDs cannot be used to perform a normal
installation, but rather completely replace whatever's on the hard drive
with an exact copy of the way the hard drive "looked" when it left the
factory. These "Recovery" disks won't work on any computer hardware
configuration other than the one for which they're specifically designed.

Other computer manufacturers provide a branded OEM CD that can be used
in pretty much the same manner as a retail or generic OEM CD, but are
"locked" to the BIOS of the computer with which it was purchased. When
installed on the computer with which it was purchased, this license does
not require activation. Often, but not always, this type of CD will not
perform an installation on any other make/model computer. Sometimes,
though, this type of OEM CD will install on a different computer, but
will then fail Activation, citing an invalid Product Key. On rare
occasions, one can circumvent this obstacle by activating via telephone
and then lying to the telephone representative.

Another type of OEM CD is that distributed by Microsoft to authorized
systems builders. These CDs are almost as fully functional as the
retail CDs. They can perform new or repair installations, but not
upgrades. The only thing preventing their being transferred from one
computer to another is the integrity of the license holder.


--

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
  #14  
Old February 13th 05, 08:27 PM
Woody
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

one can circumvent this obstacle by activating via telephone
and then lying to the telephone representative.


you just finished telling the op how to get around activating an oem version
on a different computer and on an MS sponsered newsgroup , then you preach
integrity ? shame on you , how dare you preach integrity . if you had any
idea how dissappointed i am right now .


  #15  
Old February 13th 05, 09:28 PM
Carl G
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

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.




 




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