Sorting Through the Legal B.S. of OEM Windows Products

[MARCI]

The other option, now that we're close enough that 'free upgrades' are available, is to purchase something like Microsoft Windows Vista Home Premium SP1 64-bit for System Builders - OEM Which comes with a coupon for a free upgrade to windows 7

 

[velozzity]

yeah but I already have the OEM so If I cant activate it I dont want to buy another one and be in same position a few months from now. You know what is even a better idea If one had to buy.....

check this out http://www.officedepot.com/a/products/153495/Microsoft-Windows-Vista-Home-Premium-w/

you could always do the double install trick (i've never done it just heard about it) and basically you have a full version, no supposed oem limitation, from their you do clean upgrade to win 7 with your $49 upgrade disc. That would cost about same as other link you showed. It however would be a PITA because you would essentially have to load 3 os to get to win 7, 2x vista plus win 7 in the end. Also remember If you have any old xp home install disc lying around you can upgrade from that, and you have to do a clean install. There is a flea market close to athens where a couple of guys have pc repair places with old computers I thought about seeing If one of those guys has a copy of xp (legit of course) that he would sell, IIRC i went to one looking for some odd hardware about 2 years ago and some woman purchased a windows xp disc and key from him for like 50 bucks but you dont know what you are getting.......anyway back to topic still if the MB exchange does'nt work I'm gonna have some serious words with the store that sold it to me and call MS back and tell them the store is doing the next best thing to piracy and blatantly lying about the license agreement.

 

[MARCI]

Other idea, install it once, then take an 'image' of the installation, and store it somewhere safe where if you ever needed to you could restore back to the image..

 

[velozzity]

But the flat out truth is, either you are allowed or not allowed to make the change that I have outlined to my system. If I was allowed to do It, then there would not be a problem and no need for these other suggestions such as making image of hard drive, etc. so what exactly is the answer.....I get the feeling not allowed or at least MS does'nt want you me to. There needs to be a more cut and dry answer and it should be middleman (retailers) responsibility to convey this to the system builder, not spread B.S. as I have called It, and tell guys like me and you we can do it when It is against MS policy.

 

[SuperMiguel]

Legal B.S. of OEM Windows Products it is really BS specially on the server side, you need a licence for everything... it is really confusiong and expensive

 

[jguitar]

But the flat out truth is, either you are allowed or not allowed to make the change that I have outlined to my system. If I was allowed to do It, then there would not be a problem and no need for these other suggestions such as making image of hard drive, etc. so what exactly is the answer.....I get the feeling not allowed or at least MS does'nt want you me to. There needs to be a more cut and dry answer and it should be middleman (retailers) responsibility to convey this to the system builder, not spread B.S. as I have called It, and tell guys like me and you we can do it when It is against MS policy.

This is direct from the OEM partner site faq.

Q. If my customer asks me to upgrade a PC with new hardware components, when is a new operating system needed? When would the PC be considered "new"?
A. Generally, an end user can upgrade or replace all of the hardware components on a computer—except the motherboard—and still retain the license for the original Microsoft OEM operating system software. If the motherboard is upgraded or replaced for reasons other than a defect, then a new computer has been created. Microsoft OEM operating system software cannot be transferred to the new computer, 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 as long as the replacement motherboard is the same make/model or the same manufacturer's replacement/equivalent, as defined by the manufacturer's warranty.

 

[johnz]

But the flat out truth is, either you are allowed or not allowed to make the change that I have outlined to my system. If I was allowed to do It, then there would not be a problem and no need for these other suggestions such as making image of hard drive, etc. so what exactly is the answer.....I get the feeling not allowed or at least MS does'nt want you me to. There needs to be a more cut and dry answer and it should be middleman (retailers) responsibility to convey this to the system builder, not spread B.S. as I have called It, and tell guys like me and you we can do it when It is against MS policy.

Going to your original problem, *YOU* are the oem in this case. Imagine "velozzity" on the case badge instead of "Dell", it's the same thing. You're performing a warranty repair, so you're absolutely within your rights to perform a MB swap in this case.

You may very well fail online activation, and have to call in. It's not a big deal, just give MS a call, and you'll be on your way shortly. I've found that the automated phone activation has given me problems, and I prefer talking to a real person, even if they're Indian. What I do to get a person first is to say nothing when the computer asks me for information. The computer will try a few times to get you to say something, remain silent. You'll then be patched through to a person, and the work begins. They'll ask you how many computers it's installed on(the correct answer is 1), and they may ask why you're reactivating(the correct answer is MB failure). You'll then type in a bunch of numbers, and you're done. It takes 5-10 minutes tops, very easy :^)

 

[velozzity]

Well I guess in this quote

If the motherboard is replaced because it is defective, you do not need to acquire a new operating system license for the PC as long as the replacement motherboard is the same make/model or the same manufacturer's replacement/equivalent, as defined by the manufacturer's warranty.

see that is somewhat of the catch, I am replacing the MB due to problems but considering I have had such crappy response from my current boards manufacturer I am giving them the "finger" and going elsewhere. so in effect I am not replacing board with exact product or the same manufacturers product, I am going ASUS but with same socket type, same memory type (am2+ and ddr2).

Also to me that is the problem It is not readily apparent upon purchasing the OEM disc that these limitations apply, I would never had purchased it if I knew it was so restricted, and now that I know you get what you pay for, my next copy will be full (non upgrade version) of win 7. Cant say that It will be tomorrow or next year, but when the need arises and If I can't transfer to the new MB, then it will be full version.

Also to me price is wayy too high on something that can't technically used on more than one system, If they were pricing this at $50-75 dollars o.k. Also If you think about It I paid $129 for oem + 49.99 +$10 shipping for upgrade to 7 so that totals $190, 10 dollars less than full asking price If I figure it correctly to achieve same results as buying full version 7.

 

[johnz]

Also to me that is the problem It is not readily apparent upon purchasing the OEM disc that these limitations apply, I would never had purchased it if I knew it was so restricted, and now that I know you get what you pay for, my next copy will be full (non upgrade version) of win 7. Cant say that It will be tomorrow or next year, but when the need arises and If I can't transfer to the new MB, then it will be full version.

It's a judgment call as to which version you should get. I'd like to see the EULAs easier to find myself, but I guess it's assumed a system builder will know the rules. Generally it's cheaper to go oem if you'll install it on 2 or fewer systems using the same version of Windows. If you're going to use it on more systems, retail is probably better. You can game the system, and probably overuse the oem license, but it's against the EULA, and it's not guaranteed that it'll work. MS has been lenient with reactivations, but they could lock it down at any time if they chose to do so.

 

[velozzity]

Does anyone know what exactly happens to a OEM version of windows once you update to Win 7, is it a OEM win 7? Because after I get the upgrade, If I have to install and activate vista each time I want to install 7, and they deny activation of vista, then they are making my 7 upgrade useless.

Also about the MB swap and EULA easier to find, nowhere on the box that my disc came in does it have anything to do with hardware changes/replacement voiding license, and that is only thing I agreed on upon opening box. I will be in small claims court challenging this with the retailer for making false pretenses about the product If I am ever denied activation, they are flat out liars. No I did not go out of my way to search internet for edits or additions to the EULA, but I did ask 2 stores sales staff and pc repair department before purchase and was told by every one that you can change whatever you want no problems.

 

[johnz]

Does anyone know what exactly happens to a OEM version of windows once you update to Win 7, is it a OEM win 7? Because after I get the upgrade, If I have to install and activate vista each time I want to install 7, and they deny activation of vista, then they are making my 7 upgrade useless.

Good questions there, but I don't know the answers; I don't think MS does either :^D

I get the feeling that they're flying by the seat of their pants, and haven't really given this stuff much thought. In the old days, you put in your old CD at the appropriate time, and went on with the upgrade. Now, who knows?

It's still very early in the release schedule, and I suspect some changes will be made before Win7 hits the shelves. MS has a lot of good will going with Win7. There's a good buzz accompanying this release, with techies(the people that spread word on the street) being pretty enthused. I don't think MS will squander that good will by screwing their customers.

 

[velozzity]

As I stated earlier, I will have a equal amount of money invested in Win Vista OEM + Win 7 Upgrade as a Full unrestricted version of Win 7 home premium costs, It would be a major Pain if they denied activation. See the thing is I dont want to screw over MS, but in return I dont want to be screwed over. I can cheat and buy a windows vista upgrade disc for 69.99 from office depot (they have a academic version listed but not sure if you have to prove your a student etc.) which using the workaround will give me a clean install of vista to upgrade from (and It wont be restricted like oem versions) but that is cheating MS and I will take no party to that.

 

[MARCI]

But the flat out truth is, either you are allowed or not allowed to make the change that I have outlined to my system. If I was allowed to do It, then there would not be a problem and no need for these other suggestions such as making image of hard drive, etc. so what exactly is the answer.....I get the feeling not allowed or at least MS does'nt want you me to. There needs to be a more cut and dry answer and it should be middleman (retailers) responsibility to convey this to the system builder, not spread B.S. as I have called It, and tell guys like me and you we can do it when It is against MS policy.

The hard drive image suggestion was for CONVENIENCE, not to avoid activation, etc.... simply the convenience to do it all in one go, rather than installing vista 2x, etc...

 

[velozzity]

Well I shall know tomorrow or thursday at the latest If all my ranting has been in vain my new MB will be here and I will see if it's vista oem -----> win 7 upgrade or just plain ole win 7 full version route im going. Good thing we can still cancel preorders.

And Marci sorry if I misunderstood your post I know this subject falls in the Grey area.

also I thought about something but am not condoning It nor suggesting it in any way, but how is the Win 7 Update Software going to tell what people are using Hack copies of Vista and which are legit if the hack copies can be activated (although illegally) with the bios softmod also. Seems like the person doing it the legal way is going to get screwed while the cheater will get to upgrade to a legally registered OS without ever having purchased xp or vista. And yes my Vista is legit and OEM.

 

[Hardin]

Ok just chill. I had an oem copy of vista 64-bit Home Premium. Lightning killed the motherboard, cpu, ram, and psu. So pretty much everything was replaced except for the hdd (which still worked fine) the case and the dvd drive. It asked me to activate it and it activated fine over the internet. I didn't have any problems.

 

[Miralcos]

I've found that the automated phone activation has given me problems, and I prefer talking to a real person, even if they're Indian. What I do to get a person first is to say nothing when the computer asks me for information. The computer will try a few times to get you to say something, remain silent. You'll then be patched through to a person, and the work begins. They'll ask you how many computers it's installed on(the correct answer is 1), and they may ask why you're reactivating(the correct answer is MB failure). You'll then type in a bunch of numbers, and you're done. It takes 5-10 minutes tops, very easy :^)

I have to agree it's very easy and painless. I go the route of telling the computer "bwaahahwawawwhmmmrmmrhawaha" and it will patch me through. Just jumble up some stuff and it'll send you straight to a live person. hehe

 

[velozzity]

I must apologize to everyone and at the same time thank them for their advice I know I seem overly pessimistic but cannot see putting money into something that potentially wont work down the road. I have a alternate home for my windows oem installation that is currently on this pc and for the motherboard it is Legally attached to in the EULA......my sons constantly evolving gaming computer. He gets my leftovers, which as of now is a 5000+ black edition processor oc'ed to 3.1 ghz, a gtx 260, 4 gigs of ram.....not bad for a soon to be 8 year old who thinks playing crysis in God mode is the bomb. He is learning to be a gamer at a early age but is intimidated by some of the games because of their difficulty. The issues with the motherboard that I told were true, It is defective by design in my opinion and is a hard motherboard to get memory to work properly at 1066 with, so I will be using 4 gigs of ddr 800 on his setup. His pc currently has windows home installed on it so he is getting an equipment upgrade plus a new OS to boot.

I have decided to go the Windows Vista with tech guarantee route, and found this deal online, I have never purchased anything tech related from amazon.com but I have family that buys there all the time and have no issue at all.

Check this out http://www.amazon.com/Windows-Vista..._1_3?ie=UTF8&s=software&qid=1247615938&sr=8-3

Vista Ultimate full Version for $202.99, plus tech guarantee, hard to beat that I will end up with Win 7 Ultimate for Less than $215, and that is not OEM either, full version Vista Ultimate with Free Upgrade plus cost of shipping. No foreseeable problems with this if I want to install it 1 x or 20 x, they have to activate it. I had initially considered Pre-ordering the Retail version of Win 7 Home Premium for $199.00 but this will give me 1 notch up in versions for $3 more.

Also just saw the EGG is close in price but still at about $220 for same software, still this is about 10% cheaper.

 

[johnz]

Check this out http://www.amazon.com/Windows-Vista..._1_3?ie=UTF8&s=software&qid=1247615938&sr=8-3

Vista Ultimate full Version for $202.99, plus tech guarantee, hard to beat that I will end up with Win 7 Ultimate for Less than $215, and that is not OEM either, full version Vista Ultimate with Free Upgrade plus cost of shipping. No foreseeable problems with this if I want to install it 1 x or 20 x, they have to activate it. I had initially considered the Retail version of Home Premium but this will give me 1 notch up in versions for $2 more.

Also just saw the EGG is close in price but still at about $220 for same software, still this is about 10% cheaper.

That looks like a pretty good deal. I was going to suggest Home Premium, but if it cost more(or even just a little less), you'd be stupid to do so :^)

Edit:
You may want to consider a Technet subscription. You get access to much of MS's software for $350. The subscription lasts a year, but you can use the software indefinitely. You can't sell it or anything, but you can use it for personal use. You can get their server software, O/Ss, and Office. If you don't need any of that stuff it isn't such a great deal, but if you do, it can be a nice way to go.

Edit2:
linkage...

http://technet.microsoft.com/en-us/subscriptions/default.aspx

 

[orion456]

Yeah I was sorta worried because i'm on limited $$$$$$$$$ and I was thinking I had 2 choices, buy hardware (new mb) now, cancel my preorder for upgrade and install win 7rc until I can afford the full version of 7, or buy windows vista full version which comes with the tech. guarantee, but that would defeat the purpose, because I would'nt have funds for the hardware....no change in hardware, no need to be buying full version os.

Install W7 RC and then when the $50 W7 comes in the mail you can upgrade the RC version without Vista - M$'s gift for using the trial version.

Your Vista OEM license remains valid and you save $150 to boot.

 

[velozzity]

Well that went ok, I swapped MB and memory to the other case did some wire organization, and installed the OS on my sons computer, on the second boot it went haywire and would'nt let me in, see I had changed everything all at once except for the memory and mb, different hd, cpu, dvd drive, all different. The d@mn thing would'nt let me into windows but I had'nt installed my wireless network card drivers yet, had to do the phone system, Its a PITA, but just have to say continue, continue, continue but at least now my sons a little upgraded and It seems to me that it runs better too, this is 64 bit so It utilizes all the memory, now installing updates and later will be off to see what I can get out of his dual core on this rig. I believe eventually he'll end up with my Phenom II trike and I'll buy a quad plus another 275 but for now heck I have 2 computers which are almost Identical to game on save one has a little bit more cpu power.