Upgrading an OEM Computer

Since an OEM Version of Windows is married to the computer, how far can one
go to 'upgrade'? I would like to change out the motherboard and CPU for a
faster one. I assume the hard drive would have to stay? Are there any detail
MS guidelines on upgrading a computer with an OEM OS?

An OEM license is a full version of Windows which grants you upgrade rights
to retail upgrade licenses. The thing is the license for OEM Windows is tied
to the machine it comes on which means changing things like the motherboard
means you will probably have to get a full retail license since you will not
be able to reinstall the OEM license on a generic motherboard.
--
Andre
Blog: http://adacosta.spaces.live.com
My Vista Quickstart Guide:
http://adacosta.spaces.live.com/blog...3DB!9709.entry
"Rich" <> wrote in message
news:CB0F04C7-8493-47C4-B67F-...
> Since an OEM Version of Windows is married to the computer, how far can
> one
> go to 'upgrade'? I would like to change out the motherboard and CPU for a
> faster one. I assume the hard drive would have to stay? Are there any
> detail
> MS guidelines on upgrading a computer with an OEM OS?

On Mon, 10 Dec 2007 16:46:00 -0800, Rich
<> wrote:

> Since an OEM Version of Windows is married to the computer, how far can one
> go to 'upgrade'? I would like to change out the motherboard and CPU for a
> faster one. I assume the hard drive would have to stay?


No, why do you assume that?


> Are there any detail
> MS guidelines on upgrading a computer with an OEM OS?


No. The problem is that the Microsoft OEM EULA does not precisely
define exactly what constitutes the "computer." Some people claim that
the motherboard constitutes the computer. However logical that might
seem, the EULA does not state that, and the EULA is the document that
defines the rights of both parties to the agreement.

Some of those people point to a web site for System Builders, where
Microsoft defines the computer as the motherboard. However it's not
what it says on some web site that defines the customer's rights, it's
the EULA; besides, that web site is not even available to the general
public. I'm not a lawyer, but my guess is that if it ever came to a
court case and someone cited that web site, he'd be laughed out of
court.

So, can you replace a motherboard, consider the result the same
computer, and reuse your OEM copy of Windows? Regardless of what I
think, you think, or anyone else thinks, or even what a court might
rule if it came to that, the real issue is whether Microsoft will
permit you to reactivate if you do. Unfortunately the answer is again
not clear-cut, and we have heard in the newsgroups from people who
have had both experiences--some were reactivated and others were not.
If they refuse to reactivate you and you take them to court, you might
win, but who of us would be willing to undergo that trouble and
expense to find out?

So the answer regarding changing the motherboard, with an OEM version,
is that there is no real answer.

Over and above all the above, you should also be aware that many OEM
builders these days BIOS-lock their copies of Windows to the
motherboard. If yours is of that type (rather than a store-bought
generic OEM copy), regardless of the licensing question, unless your
replacement motherboard is identical to the old one, it just won't
work.

--
Ken Blake, Microsoft MVP Windows - Shell/User
Please Reply to the Newsgroup

Thanks for the reply. It would probably do me best to build the next computer
with a Retail full version--then I can perpetually upgrade without concern.

"Ken Blake, MVP" wrote:

> On Mon, 10 Dec 2007 16:46:00 -0800, Rich
> <> wrote:
>
> > Since an OEM Version of Windows is married to the computer, how far can one
> > go to 'upgrade'? I would like to change out the motherboard and CPU for a
> > faster one. I assume the hard drive would have to stay?
>
>
> No, why do you assume that?
>
>
> > Are there any detail
> > MS guidelines on upgrading a computer with an OEM OS?
>
>
> No. The problem is that the Microsoft OEM EULA does not precisely
> define exactly what constitutes the "computer." Some people claim that
> the motherboard constitutes the computer. However logical that might
> seem, the EULA does not state that, and the EULA is the document that
> defines the rights of both parties to the agreement.
>
> Some of those people point to a web site for System Builders, where
> Microsoft defines the computer as the motherboard. However it's not
> what it says on some web site that defines the customer's rights, it's
> the EULA; besides, that web site is not even available to the general
> public. I'm not a lawyer, but my guess is that if it ever came to a
> court case and someone cited that web site, he'd be laughed out of
> court.
>
> So, can you replace a motherboard, consider the result the same
> computer, and reuse your OEM copy of Windows? Regardless of what I
> think, you think, or anyone else thinks, or even what a court might
> rule if it came to that, the real issue is whether Microsoft will
> permit you to reactivate if you do. Unfortunately the answer is again
> not clear-cut, and we have heard in the newsgroups from people who
> have had both experiences--some were reactivated and others were not.
> If they refuse to reactivate you and you take them to court, you might
> win, but who of us would be willing to undergo that trouble and
> expense to find out?
>
> So the answer regarding changing the motherboard, with an OEM version,
> is that there is no real answer.
>
> Over and above all the above, you should also be aware that many OEM
> builders these days BIOS-lock their copies of Windows to the
> motherboard. If yours is of that type (rather than a store-bought
> generic OEM copy), regardless of the licensing question, unless your
> replacement motherboard is identical to the old one, it just won't
> work.
>
> --
> Ken Blake, Microsoft MVP Windows - Shell/User
> Please Reply to the Newsgroup
>

The conventional wisdom is just the opposite: You can change the HDD without
a problem, but changing the motherboard will be.

However, some folks seem to think that MS is being overly tolerant as a PR
move and is allowing even the change-out of a motherboard. You have to do
phone activation and talk to a real person, but you might be able to make
the switch.



"Rich" <> wrote in message
news:CB0F04C7-8493-47C4-B67F-...
> Since an OEM Version of Windows is married to the computer, how far can
> one
> go to 'upgrade'? I would like to change out the motherboard and CPU for a
> faster one. I assume the hard drive would have to stay? Are there any
> detail
> MS guidelines on upgrading a computer with an OEM OS?

You may as well continue with the project that you are doing now.

With the hardware change you are making you have to reinstall, and
reactivate, anyway.
You will have to take the phone reactivation options, and hang on for a real
person!

You could get around things by saying that you replaced with an equivalent
one, not a more powerful one.

Even with a full retail copy, you will have the same reinstall and
reactivation hassles when you upgrade that hardware!

"Rich" wrote:

> Thanks for the reply. It would probably do me best to build the next computer
> with a Retail full version--then I can perpetually upgrade without concern.
>
> "Ken Blake, MVP" wrote:
>
> > On Mon, 10 Dec 2007 16:46:00 -0800, Rich
> > <> wrote:
> >
> > > Since an OEM Version of Windows is married to the computer, how far can one
> > > go to 'upgrade'? I would like to change out the motherboard and CPU for a
> > > faster one. I assume the hard drive would have to stay?
> >
> >
> > No, why do you assume that?
> >
> >
> > > Are there any detail
> > > MS guidelines on upgrading a computer with an OEM OS?
> >
> >
> > No. The problem is that the Microsoft OEM EULA does not precisely
> > define exactly what constitutes the "computer." Some people claim that
> > the motherboard constitutes the computer. However logical that might
> > seem, the EULA does not state that, and the EULA is the document that
> > defines the rights of both parties to the agreement.
> >
> > Some of those people point to a web site for System Builders, where
> > Microsoft defines the computer as the motherboard. However it's not
> > what it says on some web site that defines the customer's rights, it's
> > the EULA; besides, that web site is not even available to the general
> > public. I'm not a lawyer, but my guess is that if it ever came to a
> > court case and someone cited that web site, he'd be laughed out of
> > court.
> >
> > So, can you replace a motherboard, consider the result the same
> > computer, and reuse your OEM copy of Windows? Regardless of what I
> > think, you think, or anyone else thinks, or even what a court might
> > rule if it came to that, the real issue is whether Microsoft will
> > permit you to reactivate if you do. Unfortunately the answer is again
> > not clear-cut, and we have heard in the newsgroups from people who
> > have had both experiences--some were reactivated and others were not.
> > If they refuse to reactivate you and you take them to court, you might
> > win, but who of us would be willing to undergo that trouble and
> > expense to find out?
> >
> > So the answer regarding changing the motherboard, with an OEM version,
> > is that there is no real answer.
> >
> > Over and above all the above, you should also be aware that many OEM
> > builders these days BIOS-lock their copies of Windows to the
> > motherboard. If yours is of that type (rather than a store-bought
> > generic OEM copy), regardless of the licensing question, unless your
> > replacement motherboard is identical to the old one, it just won't
> > work.
> >
> > --
> > Ken Blake, Microsoft MVP Windows - Shell/User
> > Please Reply to the Newsgroup
> >

Hi,

Please pay special attention to the following: Microsoft never defined what
constitutes a system.

Anything you heard about the OEM license is tied to a motherboard or CPU or
HDD or anything else, are assumptions made by people.

The BIOS-lock restriction is for systems purchased from vendors, such as
Dell, HP, and so on, and it will not apply to the retail version of OEM OS.

If you need a definite answer, please contact a local MS subsidiary. But
most likely, you can continue what you are doing now with no more than an
activation request. You are changing components, and that is what you are
doing.

And if you must purchase a retail copy, you could purchase a retail UPGRADE
version if you have any of the following OS not in use:

http://www.microsoft.com/windows/pro...radepaths.mspx

You could also use the upgrade version for a clean install, but that's
another story.

Hope this helps and good luck.



"Rich" <> wrote in message
newsA1D5B1D-7C76-4461-BD69-...
> Thanks for the reply. It would probably do me best to build the next
> computer
> with a Retail full version--then I can perpetually upgrade without
> concern.
>
> "Ken Blake, MVP" wrote:
>
>> On Mon, 10 Dec 2007 16:46:00 -0800, Rich
>> <> wrote:
>>
>> > Since an OEM Version of Windows is married to the computer, how far can
>> > one
>> > go to 'upgrade'? I would like to change out the motherboard and CPU for
>> > a
>> > faster one. I assume the hard drive would have to stay?
>>
>>
>> No, why do you assume that?
>>
>>
>> > Are there any detail
>> > MS guidelines on upgrading a computer with an OEM OS?
>>
>>
>> No. The problem is that the Microsoft OEM EULA does not precisely
>> define exactly what constitutes the "computer." Some people claim that
>> the motherboard constitutes the computer. However logical that might
>> seem, the EULA does not state that, and the EULA is the document that
>> defines the rights of both parties to the agreement.
>>
>> Some of those people point to a web site for System Builders, where
>> Microsoft defines the computer as the motherboard. However it's not
>> what it says on some web site that defines the customer's rights, it's
>> the EULA; besides, that web site is not even available to the general
>> public. I'm not a lawyer, but my guess is that if it ever came to a
>> court case and someone cited that web site, he'd be laughed out of
>> court.
>>
>> So, can you replace a motherboard, consider the result the same
>> computer, and reuse your OEM copy of Windows? Regardless of what I
>> think, you think, or anyone else thinks, or even what a court might
>> rule if it came to that, the real issue is whether Microsoft will
>> permit you to reactivate if you do. Unfortunately the answer is again
>> not clear-cut, and we have heard in the newsgroups from people who
>> have had both experiences--some were reactivated and others were not.
>> If they refuse to reactivate you and you take them to court, you might
>> win, but who of us would be willing to undergo that trouble and
>> expense to find out?
>>
>> So the answer regarding changing the motherboard, with an OEM version,
>> is that there is no real answer.
>>
>> Over and above all the above, you should also be aware that many OEM
>> builders these days BIOS-lock their copies of Windows to the
>> motherboard. If yours is of that type (rather than a store-bought
>> generic OEM copy), regardless of the licensing question, unless your
>> replacement motherboard is identical to the old one, it just won't
>> work.
>>
>> --
>> Ken Blake, Microsoft MVP Windows - Shell/User
>> Please Reply to the Newsgroup
>>

I have found that you can find a "tattoo" for just about any motherboard to
make the OEM restore disk reinstall the OS.
Sometimes you can manually edit the BIOS to make the machine think it is an
original OEM, sometimes it requires a BIOS flash.
I have replaced motherboards (under warranty) in HP systems that required
the 'tattoo' to identify the board as HP rather than the generic board it
really was.
It was as simple as booting from the CD and running the utility to write a
12k file to the BIOS.
Their new system requires the motherboard to be tattooed by the vendor
before shipping, but I have seen the tatoos available for download from
several sites.
But once the board is marked, the OEM restore disks work fine.
The easy way is to reactivate by phone and tell them whatever you have to to
get activated.

"Rich" <> wrote in message
news:CB0F04C7-8493-47C4-B67F-...
> Since an OEM Version of Windows is married to the computer, how far can
> one
> go to 'upgrade'? I would like to change out the motherboard and CPU for a
> faster one. I assume the hard drive would have to stay? Are there any
> detail
> MS guidelines on upgrading a computer with an OEM OS?

On Mon, 10 Dec 2007 20:17:00 -0800, Rich
<> wrote:

> Thanks for the reply.


You're welcome. Glad to help.


> It would probably do me best to build the next computer
> with a Retail full version--then I can perpetually upgrade without concern.



Yes, but you can do that with an Upgrade version too. For most people,
I think the Upgrade version provides the best balance between features
and price.



> "Ken Blake, MVP" wrote:
>
> > On Mon, 10 Dec 2007 16:46:00 -0800, Rich
> > <> wrote:
> >
> > > Since an OEM Version of Windows is married to the computer, how far can one
> > > go to 'upgrade'? I would like to change out the motherboard and CPU for a
> > > faster one. I assume the hard drive would have to stay?
> >
> >
> > No, why do you assume that?
> >
> >
> > > Are there any detail
> > > MS guidelines on upgrading a computer with an OEM OS?
> >
> >
> > No. The problem is that the Microsoft OEM EULA does not precisely
> > define exactly what constitutes the "computer." Some people claim that
> > the motherboard constitutes the computer. However logical that might
> > seem, the EULA does not state that, and the EULA is the document that
> > defines the rights of both parties to the agreement.
> >
> > Some of those people point to a web site for System Builders, where
> > Microsoft defines the computer as the motherboard. However it's not
> > what it says on some web site that defines the customer's rights, it's
> > the EULA; besides, that web site is not even available to the general
> > public. I'm not a lawyer, but my guess is that if it ever came to a
> > court case and someone cited that web site, he'd be laughed out of
> > court.
> >
> > So, can you replace a motherboard, consider the result the same
> > computer, and reuse your OEM copy of Windows? Regardless of what I
> > think, you think, or anyone else thinks, or even what a court might
> > rule if it came to that, the real issue is whether Microsoft will
> > permit you to reactivate if you do. Unfortunately the answer is again
> > not clear-cut, and we have heard in the newsgroups from people who
> > have had both experiences--some were reactivated and others were not.
> > If they refuse to reactivate you and you take them to court, you might
> > win, but who of us would be willing to undergo that trouble and
> > expense to find out?
> >
> > So the answer regarding changing the motherboard, with an OEM version,
> > is that there is no real answer.
> >
> > Over and above all the above, you should also be aware that many OEM
> > builders these days BIOS-lock their copies of Windows to the
> > motherboard. If yours is of that type (rather than a store-bought
> > generic OEM copy), regardless of the licensing question, unless your
> > replacement motherboard is identical to the old one, it just won't
> > work.
> >
> > --
> > Ken Blake, Microsoft MVP Windows - Shell/User
> > Please Reply to the Newsgroup
> >

--
Ken Blake, Microsoft MVP Windows - Shell/User
Please Reply to the Newsgroup

Andre Da Costa[ActiveWin] wrote:
> An OEM license is a full version of Windows which grants you upgrade rights
> to retail upgrade licenses. The thing is the license for OEM Windows is tied
> to the machine it comes on which means changing things like the motherboard
> means you will probably have to get a full retail license since you will not
> be able to reinstall the OEM license on a generic motherboard.

It does not specify the motherboard = computer on any OEM EULA for
Vista, so that is incorrect.

Rich, upgrade as much as you want, and follow the instructions below to
reactivate:

When you call for activation, being an educated consumer is beneficial.
Quoted from the MS website:

http://www.microsoft.com/piracy/activation_facts.mspx

"Mandatory Product Activation Data

* The Installation ID is unique to each product and comprises two
components:

1. Product ID. Unique to the product key used during installation
2. Hardware hash. Non-unique representation of the PC

* The country in which the product is being installed (for Office
XP and Office XP family products only)"

You are never required to provide any other info in order to get
activated. The agent is required to activate you immediately if you
phone in and provide only the product ID, hardware hash, and
occasionally the country in which the product(s) is being installed! It
is none of their business if you made hardware changes, why you are
reinstalling, etc and you do not need to answer questions like that. If
they give you a hard time, politely remind them of this policy posted on
their company's website. If still they persist, request politely to
speak to a supervisor and escalate the issue until they give YOU the
paying customer the treatment you deserve!

"Rich" <> wrote in message
news:CB0F04C7-8493-47C4-B67F-...
> > Since an OEM Version of Windows is married to the computer, how far
can
> > one
> > go to 'upgrade'? I would like to change out the motherboard and CPU
for a
> > faster one. I assume the hard drive would have to stay? Are there any
> > detail
> > MS guidelines on upgrading a computer with an OEM OS?

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