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Microsoft OEM Licensing, more than you want to know.

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deeppow

Senior Member
Joined
May 10, 2002
Location
Los Alamos, NM
After some heated discussions with M$ about OEM replacement CDs, I've done some searching and reading. Some not related to my direct problem but of importance to us OEM users and computer builders.

1) M$ OEM Licensing: Link to what I think is an excellent FAQ. Sorry folks it is on another forum but what the heck, it is still good. Also this provides more legal details relate to issues raised in mbentley's excellent sticky above.
2) I was told by a M$ service rep. several months back that you are allowed to make one copy of your OS as backup. Do so immediately upon receipt of your new OS. I painfully found after one use when the CD was bad 2 months later that it cost me $30 for a replacement. I suggest you learn from my error.

I would guess there is other useful info available so please add. I'm still learning myself.
 
So if I buy the OEM CD from Newegg and install it, Microsoft will let me activate it. Now even if I still have that same motherboard/system and something goes terribley wrong so that I need to reinstall/reactivate, will Microsoft allow this or will they simply say "Sorry but no direct support for reactivation allowed. Contact your system builder OEM" ?
 
The link has some discussion of that question. Some success has been had with the scenario you suggest, even when the point came out.

It sounds like the original definitions were aimed at the large OEMs like HP, Dell, etc. Maybe several years back prior to the current number of overclockers and self builders even though we don't number at the levels of HP and Dell today.

The definition doesn't make much sense applied to us folks who build our own. When I've had to make a phone call to reactive for some reason or the other (including a mobo change) the question has always been "how many computers are the OS used on?" My answer is "one" and that is the end of the discussion. I don't try to install the OS on more than one system and would assume most overclockers are the same.

My point with the post is to try to better inform those interested. If you know how the "system" works (legal, business, resellers, etc.) i.e. how they are forced to work, then you can better deal with situations that arise. I would deal with the question head on and honestly should it be asked but I see no need to volunteer information they don't ask about.
 
Last edited:
Audioaficionado said:
So if I buy the OEM CD from Newegg and install it, Microsoft will let me activate it. Now even if I still have that same motherboard/system and something goes terribley wrong so that I need to reinstall/reactivate, will Microsoft allow this or will they simply say "Sorry but no direct support for reactivation allowed. Contact your system builder OEM" ?

Microsoft's OEM Builder FAQs said:
If the motherboard is upgraded or replaced for reasons other than a defect, then a new computer has been created and the license of new operating system software is required. If the motherboard is replaced because it is defective, you do NOT need to acquire a new operating system license for the PC.

They do let a little leeway for things going wrong. IMO, they should be a little more lenient, but then a lot of people would take advantage of the system that way.
 
CrystalMethod said:
They do let a little leeway for things going wrong. IMO, they should be a little more lenient, but then a lot of people would take advantage of the system that way.

I sense a "don't ask, don't tell" attitude at this point.

I wonder what are the requirements on OEM hardware? If I put an OEM HD in the case, have I effectively welded it in?

Of course the hardware can only be in one place at a time, where as software could have multiple installations for those that wish to abuse its flexibility. Thus M$'s recently upgraded tool for their OS to, I assume, counteract the sell of COAs.
 
This is all based on the EULA...I REALLY doubt MS would have any *real* legal edge to claim that you cannot use the OEM copy you got with, say, a laptop on your desktop as long as you don't use it on the laptop.

A lisence is a lisence...limiting your usage with YOUR property should be illegal.
 
When my copy of XP64 came in, the first thing I did was make a backup copy. It was not in my house 5 minutes before it had a twin. :p
 
Yeah I always put the original holographic disks in the vault in its COA case for safe keeping.

I also set up the i386 files on the hard drive for slipstreaming the latest updates so when I have to recover or repair the installation, I'm not replacing newer files with older ones. That CD then becomes my backup and the first copy gets destroyed. I can always rebuild the latest slipstream using the latest updates and the original CD files.

Heck you can get the full retail at Newegg for just under $240 (it was only $200 a few days ago :( ) The OEM goes for $140.

OEM

Retail

XP64 OEM
 
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