Can I continue to use Windows XP OEM if I change only the motherboard in my computer?

Thanks Dave. I'm trying to find a copy of the EULA online so I can search it. Does it ever specify any component as being the "computer" to which the license is permanently attached? I have heard motherboard, but apparently it's possible to upgrade a motherboard even.

It seems logical that "computer" would refer to the computer as a whole, or in other words, all components that make up the computer would collectively be the "computer". But if you upgrade just one component, say a new hard drive, it's not logical to say that you've created a new computer. But perhaps if you upgrade the motherboard, and thus cpu and ram, this would be deemed a new computer. (I can see both sides of that coin.) What if you upgrade everything? Then surely you have a new computer.

It's perhaps reasonable to say that the computer is the chassis that holds all the components. After all, this is where you attach the CoA sticker. Then you can upgrade components but still have the same "computer".

I'd really like to discuss this and come to a reasonable conclusion. Daavee and Gazthewiz feel free to chime in. You both seem to be on the same page and are looking for the lawful and reasonable conclusion as well.

EDIT:

I will also add the possibility that Microsoft's sole intention is to deal with piracy. If this is the case, as long as each system that is running Windows has an accompanying legitimate license that was bought and paid for, there is no problem. But we still do not want to breach the EULA, even if Microsoft has been more restrictive in their attempt to prevent piracy. Thoughts?

Is this actually in the EULA?

No, it is not.

I have an old computer that hasn't been used in a long while. The OS is XP MCE 2005, purchased from Newegg about 5 years ago, and I have the disc, manual, and CoA. It has been installed on this old computer but is no longer installed or being used.

Am I allowed to sell this OEM copy if I include some hardware with it? A stick of ram or hard drive maybe?

Can the buyer reactivate it?

Am I required to sell the software with the motherboard from the PC in which it was first installed?

What if the CoA is stuck to the computer case? Am I required to sell all three items together (case, motherboard, and os)? or can I remove the sticker and sell it with the os media and motherboard?

On another note, is it really unlawful to buy an OEM copy of Windows from Newegg and build yourself a PC for personal use? It seems like this is a generally accepted practice, but Microsoft says otherwise:

http://www.microsoft.com/OEM/en/licensing/sblicensing/pages/licensing_for_hobbyists.aspx

"There is a growing market for "do-it-yourself" home PC hobbyists who assemble PCs from components for their own use. Microsoft retail software licenses are the appropriate licenses for the do-it-yourself market. OEM System Builder software is not intended for this use, unless the PC that is assembled is being resold to another party."

Is this actually in the EULA?

As I posted earlier in the thread....

http://www.microsoft.com/oem/en/licensing/sblicensing/pages/licensing_faq.aspx

<quote>

Q. Can a PC with an OEM Windows operating system have its motherboard upgraded and keep the same license? What if it was replaced because it was defective?

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.

The reason for this licensing rule primarily relates to the End User Software License Terms and the support of the software covered by that End User Software License Terms. The End User Software License Terms is a set of usage rights granted to the end user by the PC manufacturer and relates only to rights for that software as installed on that particular PC. The system builder is required to support the software on the original PC. Understanding that end users, over time, upgrade their PCs with different components, Microsoft needed to have one base component "left standing" that would still define the original PC. Since the motherboard contains the CPU and is the "heart and soul" of the PC, when the motherboard is replaced (for reasons other than defect) a new PC is essentially created. The original system builder did not manufacture this new PC, and therefore cannot be expected to support it.

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