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Vista - If i got OEM Vista am i Screwed

Reply
 
Old 06-19-2008   #1 (permalink)
Brandon W


 
 

If i got OEM Vista am i Screwed

I want to update some of the hardware in my computer and my friend said that
if you get OEM Vista you are not alound to update your hardware unless you
buy another copy of vista... and that sounds insane

is this true?

My System SpecsSystem Spec
Old 06-19-2008   #2 (permalink)
Bob Knowlden


 
 

Re: If i got OEM Vista am i Screwed

No, you're not screwed.

http://arstechnica.com/news.ars/post/20070130-8730.html

It's not an official Microsoft article, but I believe that it is correct.

The short version: you can upgrade anything except the motherboard.
Apparently you can even do upgrades to the extent that would require Vista
to be activated again.You may be able to replace the motherboard (with a
different model) if it dies, but that would be at the discretion of
Microsoft.

I imagine that you could illicitly transfer an OEM license to a new system,
if you were a competent liar.

Return address scrambled. Replace nkbob with bobkn.

"Brandon W" <Brandon W@xxxxxx> wrote in message
news:B5AA533A-E724-4C59-8B71-365B8BAF330A@xxxxxx
Quote:

>I want to update some of the hardware in my computer and my friend said
>that
> if you get OEM Vista you are not alound to update your hardware unless you
> buy another copy of vista... and that sounds insane
>
> is this true?
My System SpecsSystem Spec
Old 06-19-2008   #3 (permalink)
Colin Barnhorst


 
 

Re: If i got OEM Vista am i Screwed

The Consumer_OEM EULA does not mention "computer." It uses the term
"device."

"2. INSTALLATION AND USE RIGHTS. The software license is permanently
assigned to the device with which you acquired the software. That device is
the “licensed device.” A hardware partition or blade is considered to be a
separate device.
a. Licensed Device. You may install one copy of the software on the
licensed device. You may use the software on up to two processors on that
device at one time. You may not use the software on any other device."

In any event, the EULA does not address the issue of whether a component or
particular set of components constitute a new computer if changed because it
is an activation issue and not a licensing issue.

"Gordon" <gbplinux@xxxxxx> wrote in message
news:g3ejac$dcq$1@xxxxxx
Quote:

> "Bob Knowlden" <nkbob@xxxxxx> wrote in message
> news:uxJSgMl0IHA.5472@xxxxxx
Quote:

>> No, you're not screwed.
>>
>> http://arstechnica.com/news.ars/post/20070130-8730.html
>>
>> It's not an official Microsoft article, but I believe that it is correct.
>>
>> The short version: you can upgrade anything except the motherboard.
>
> Not true. The EULA that the user agrees to makes NO mention of the
> motherboard. All it says is "New Computer" and then singularly fails to
> define what a "new computer" is....
>
Quote:

>> Apparently you can even do upgrades to the extent that would require
>> Vista to be activated again.You may be able to replace the motherboard
>> (with a different model) if it dies, but that would be at the discretion
>> of Microsoft.
>
> No, at the discretion of the System Builder.
My System SpecsSystem Spec
Old 06-20-2008   #4 (permalink)
Bistey Csaba


 
 

Re: If i got OEM Vista am i Screwed

Well it mentions device, but a device that "you may install the software
to" and the same device that "you may use a software on".

If we look that strict that means if you acquired OEM Vista with a piece
of hardware (like a cable ) there is no way installing/using it
without violating EULA.
(Well unless your acquired with a harddrive and it's internal DSP can
run it. (most likely not ))

Csaba

Colin Barnhorst wrote:
Quote:

> The Consumer_OEM EULA does not mention "computer." It uses the term
> "device."
>
> "2. INSTALLATION AND USE RIGHTS. The software license is permanently
> assigned to the device with which you acquired the software. That
> device is the “licensed device.” A hardware partition or blade is
> considered to be a separate device.
> a. Licensed Device. You may install one copy of the software on the
> licensed device. You may use the software on up to two processors on
> that device at one time. You may not use the software on any other
> device."
>
> In any event, the EULA does not address the issue of whether a component
> or particular set of components constitute a new computer if changed
> because it is an activation issue and not a licensing issue.
>
> "Gordon" <gbplinux@xxxxxx> wrote in message
> news:g3ejac$dcq$1@xxxxxx
Quote:

>> "Bob Knowlden" <nkbob@xxxxxx> wrote in message
>> news:uxJSgMl0IHA.5472@xxxxxx
Quote:

>>> No, you're not screwed.
>>>
>>> http://arstechnica.com/news.ars/post/20070130-8730.html
>>>
>>> It's not an official Microsoft article, but I believe that it is
>>> correct.
>>>
>>> The short version: you can upgrade anything except the motherboard.
>>
>> Not true. The EULA that the user agrees to makes NO mention of the
>> motherboard. All it says is "New Computer" and then singularly fails
>> to define what a "new computer" is....
>>
Quote:

>>> Apparently you can even do upgrades to the extent that would require
>>> Vista to be activated again.You may be able to replace the
>>> motherboard (with a different model) if it dies, but that would be at
>>> the discretion of Microsoft.
>>
>> No, at the discretion of the System Builder.
>
My System SpecsSystem Spec
Old 06-20-2008   #5 (permalink)
Bender


 
 

Re: If i got OEM Vista am i Screwed

My research a few months ago found that Microsoft considers the mother board
to the the heart of the computer and changing the mother board constitutes a
new computer.


"Bistey Csaba" <bcsaba@xxxxxx> wrote in message
news:ONrymxq0IHA.548@xxxxxx
Quote:

> Well it mentions device, but a device that "you may install the software
> to" and the same device that "you may use a software on".
>
> If we look that strict that means if you acquired OEM Vista with a piece
> of hardware (like a cable ) there is no way installing/using it without
> violating EULA.
> (Well unless your acquired with a harddrive and it's internal DSP can run
> it. (most likely not ))
>
> Csaba
>
> Colin Barnhorst wrote:
Quote:

>> The Consumer_OEM EULA does not mention "computer." It uses the term
>> "device."
>>
>> "2. INSTALLATION AND USE RIGHTS. The software license is permanently
>> assigned to the device with which you acquired the software. That device
>> is the “licensed device.” A hardware partition or blade is considered to
>> be a separate device.
>> a. Licensed Device. You may install one copy of the software on the
>> licensed device. You may use the software on up to two processors on
>> that device at one time. You may not use the software on any other
>> device."
>>
>> In any event, the EULA does not address the issue of whether a component
>> or particular set of components constitute a new computer if changed
>> because it is an activation issue and not a licensing issue.
>>
>> "Gordon" <gbplinux@xxxxxx> wrote in message
>> news:g3ejac$dcq$1@xxxxxx
Quote:

>>> "Bob Knowlden" <nkbob@xxxxxx> wrote in message
>>> news:uxJSgMl0IHA.5472@xxxxxx
>>>> No, you're not screwed.
>>>>
>>>> http://arstechnica.com/news.ars/post/20070130-8730.html
>>>>
>>>> It's not an official Microsoft article, but I believe that it is
>>>> correct.
>>>>
>>>> The short version: you can upgrade anything except the motherboard.
>>>
>>> Not true. The EULA that the user agrees to makes NO mention of the
>>> motherboard. All it says is "New Computer" and then singularly fails to
>>> define what a "new computer" is....
>>>
>>>> Apparently you can even do upgrades to the extent that would require
>>>> Vista to be activated again.You may be able to replace the motherboard
>>>> (with a different model) if it dies, but that would be at the
>>>> discretion of Microsoft.
>>>
>>> No, at the discretion of the System Builder.
>>
My System SpecsSystem Spec
Old 06-20-2008   #6 (permalink)
Steve Thackery


 
 

Re: If i got OEM Vista am i Screwed

> No of course it's not.....

Don't dismiss it so glibly. In fact there is some truth in the issue: a
change big enough to constitute a 'new device' (computer) would exceed the
bounds of the EULA.

The complicated bit is what is meant by a "big enough change". I don't
think this has been tested in court, but I would imagine Microsoft would
balk at an upgraded motherboard.

SteveT

My System SpecsSystem Spec
Old 06-20-2008   #7 (permalink)
Nogginsaked


 
 

Re: If i got OEM Vista am i Screwed

I changed a video card on a system running a shrink wrapped, store bought
version of Vista.
I had to call Microsoft support in India and get a new activation code.
Microsoft deserves the success it has had with Vista.

My System SpecsSystem Spec
Old 06-20-2008   #8 (permalink)
Bistey Csaba


 
 

Re: If i got OEM Vista am i Screwed

Well EULA written by and for lawyers after all.

Here is a nice example:

1. Device Connections. You may allow up to 5 other devices to connect
to the software installed on the licensed device to use File Services,
Print Services, Internet Information Services and Internet Connection
Sharing and Telephony Services. However, you may not exceed a total of
5 connections at one time.

A question:

It is really users task to count incomming connections (via portscanner)
and limit at 5 established connection (for the following services up)
(in common sense this would be the task of OS (in this case Windows
should not lock the services in 5 connection?)).

P.S.: I know the question is looks stupid but you will see where would i
love to point to.

Csaba

Steve Thackery wrote:
Quote:
Quote:

>> No of course it's not.....
>
> Don't dismiss it so glibly. In fact there is some truth in the issue: a
> change big enough to constitute a 'new device' (computer) would exceed
> the bounds of the EULA.
>
> The complicated bit is what is meant by a "big enough change". I don't
> think this has been tested in court, but I would imagine Microsoft would
> balk at an upgraded motherboard.
>
> SteveT
My System SpecsSystem Spec
Old 06-20-2008   #9 (permalink)
Colin Barnhorst


 
 

Re: If i got OEM Vista am i Screwed

Where "computer" is defined is in the OEM (System Builder) License. That
license is not an end user license at all but licenses the installation of
the software on a computer for sale to a customer. That's the license the
buyer of OEM software (for example on NewEgg) is bound by. The purchaser of
the OEM sb license only has the right to install the software on a customer
system. He does not have the right to use the software himself. In any
case, "computer" is a:

"1. Definitions.
a. “Customer System” means a fully assembled computer system that includes a
CPU, a motherboard, a power supply, an internally mounted NAND or revolving
magnetic-based hard drive, and a case."

The end user is bound by the EULA which the system builder puts on the
machine automatically when he installs Windows (required). The OEM license
expires when the Customer System passes into the control of the customer and
the EULA takes effect at that point. The customer is bound by that EULA
once he accepts it during the first run routine.

All this is why NewEgg prints the disclaimer on the Product Specifications
Tab on the order page for each System Builder package it sells.

"Disclaimer
Use of this OEM System Builder Channel software is subject to the terms of
the Microsoft OEM System Builder License. This software is intended for
pre-installation on a new personal computer for resale. This OEM System
Builder Channel software requires the assembler to provide end user support
for the Windows software and cannot be transferred to another computer once
it is installed. To acquire Windows software with support provided by
Microsoft please see our full package "Retail" product offerings."

I hope all this helps us all at least get our terminology straight.

"Bistey Csaba" <bcsaba@xxxxxx> wrote in message
news:ONrymxq0IHA.548@xxxxxx
Quote:

> Well it mentions device, but a device that "you may install the software
> to" and the same device that "you may use a software on".
>
> If we look that strict that means if you acquired OEM Vista with a piece
> of hardware (like a cable ) there is no way installing/using it without
> violating EULA.
> (Well unless your acquired with a harddrive and it's internal DSP can run
> it. (most likely not ))
>
> Csaba
>
> Colin Barnhorst wrote:
Quote:

>> The Consumer_OEM EULA does not mention "computer." It uses the term
>> "device."
>>
>> "2. INSTALLATION AND USE RIGHTS. The software license is permanently
>> assigned to the device with which you acquired the software. That device
>> is the “licensed device.” A hardware partition or blade is considered to
>> be a separate device.
>> a. Licensed Device. You may install one copy of the software on the
>> licensed device. You may use the software on up to two processors on
>> that device at one time. You may not use the software on any other
>> device."
>>
>> In any event, the EULA does not address the issue of whether a component
>> or particular set of components constitute a new computer if changed
>> because it is an activation issue and not a licensing issue.
>>
>> "Gordon" <gbplinux@xxxxxx> wrote in message
>> news:g3ejac$dcq$1@xxxxxx
Quote:

>>> "Bob Knowlden" <nkbob@xxxxxx> wrote in message
>>> news:uxJSgMl0IHA.5472@xxxxxx
>>>> No, you're not screwed.
>>>>
>>>> http://arstechnica.com/news.ars/post/20070130-8730.html
>>>>
>>>> It's not an official Microsoft article, but I believe that it is
>>>> correct.
>>>>
>>>> The short version: you can upgrade anything except the motherboard.
>>>
>>> Not true. The EULA that the user agrees to makes NO mention of the
>>> motherboard. All it says is "New Computer" and then singularly fails to
>>> define what a "new computer" is....
>>>
>>>> Apparently you can even do upgrades to the extent that would require
>>>> Vista to be activated again.You may be able to replace the motherboard
>>>> (with a different model) if it dies, but that would be at the
>>>> discretion of Microsoft.
>>>
>>> No, at the discretion of the System Builder.
>>
My System SpecsSystem Spec
Old 06-20-2008   #10 (permalink)
Colin Barnhorst


 
 

Re: If i got OEM Vista am i Screwed

MS marketing is behind this, of course. By placing limitations to the
product in the license Marketing is seeking to "add value" to the higher
priced versions of the product in which no restriction is placed. In this
case they are differentiating in favor of Server.

It is all over the place across the Vista editions and why I am advocating
that users push for a single edition of Windows 7. It is technically
artificial as heck and I find "crippling" editions just for price
differentiation obnoxious.

"Bistey Csaba" <bcsaba@xxxxxx> wrote in message
news:ec$HO$u0IHA.616@xxxxxx
Quote:

> Well EULA written by and for lawyers after all.
>
> Here is a nice example:
>
> 1. Device Connections. You may allow up to 5 other devices to connect to
> the software installed on the licensed device to use File Services, Print
> Services, Internet Information Services and Internet Connection Sharing
> and Telephony Services. However, you may not exceed a total of 5
> connections at one time.
>
> A question:
>
> It is really users task to count incomming connections (via portscanner)
> and limit at 5 established connection (for the following services up)
> (in common sense this would be the task of OS (in this case Windows should
> not lock the services in 5 connection?)).
>
> P.S.: I know the question is looks stupid but you will see where would i
> love to point to.
>
> Csaba
>
> Steve Thackery wrote:
Quote:
Quote:

>>> No of course it's not.....
>>
>> Don't dismiss it so glibly. In fact there is some truth in the issue: a
>> change big enough to constitute a 'new device' (computer) would exceed
>> the bounds of the EULA.
>>
>> The complicated bit is what is meant by a "big enough change". I don't
>> think this has been tested in court, but I would imagine Microsoft would
>> balk at an upgraded motherboard.
>>
>> SteveT
My System SpecsSystem Spec
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