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

Anonymous
2011-07-03T05:14:22+00:00

I am running Windows XP Home OEM on my computer.

I still have the original disk and key, and the COA is attached to the case of the computer, as required.

If I only change the motherboard, and retain the existing harddrive (with the original Windows XP home installed on it), will Windows XP Home OEM continue to work?

Is there any special procedure required, or will it just work?

If not, can it be reactivated? If not, do I have to buy a new copy of Windows XP and activate with the new key?

Windows for home | Previous Windows versions | Install and upgrade

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Anonymous
2011-07-03T14:26:09+00:00

It's actually in the OEM License rather the EULA.

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.

</quote>

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  1. Anonymous
    2011-07-05T11:41:10+00:00

    This thread is turning into quite a revelation for me, Noel.

    I am a hobbyist who wanted to build a low-cost computer from scratch.

    Nobody told me I wasn't allowed to buy Windows XP OEM and install it on a computer for my own use.

    The only license agreement I was aware of, was the EULA that comes with the OEM CD. There is no mention of an OEM license agreement, and certainly no mention of the fact that only licensed OEMs should be in possession of Windows XP OEM kits.

    As far as I was aware, the EULA was all I had to comply with.

    In the country where I live, Windows XP OEM is offered for sale all the time on online auction sites like eBay (usually with a piece of dead hardware, supposedly to satisfy Microsoft requirements that the OS has to be sold with hardware).

    It seems to me that if Microsoft wanted to make sure hobbyists didn't get hold of the OEM kits, they should have made it very obvious on the packaging, that those kits are not for hobbyists (and even go to the extent of explaining the things that are listed in the link you posted). Furthermore, there should also have been a notice stating quite plainly that hobbyists must use a full retail pack if they are building a system for themselves.

    As far as I am concerned, I have done nothing in contravention of the EULA, and because the EULA is all that I was required to accept in order to install Windows XP on my computer, I don't believe I have deliberately done anything wrong.

    Where to from here?

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  2. Anonymous
    2011-07-05T12:54:04+00:00

    Microsoft is interested mainly in stopping the multiple sales of pirated copies of their software. Anyone buying on Ebay or from other dubious sources run a big risk of getting caught out after the event. You cannot update Windows without a check being made which can result in the operating system being disabled because either the product key is deemed not genuine or it has been identified as having been pirated.

    Most people acquiring a copy of Windows want to be able to keep their computer up to date. When they cannot do so they will complain to the person selling the copy to them. They are also liable to complain to Microsoft. Enough complaints will trigger action by Microsoft to close the operation. From time you can read of  this type of action by Microsoft.

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  3. Anonymous
    2011-07-05T13:05:37+00:00

    There are actually TWO sets of license terms that come with every OEM SB pack - the SB SLT, and the EULA. One forms the basis of a contract between the System Builder and MS, and the other a contract between the System Builder and the End User. The System Builder/MS part is visible without actually opening the pack - the End User one is in the software itself.

    Don't worry about the minor transgression at the moment - the chances of MS actually enforcing it are minimal.

    Your problem comes because you want to upgrade the motherboard - and unless you can covince MS that it's a 'warranty replacement' when it comes to activation, you're going to have to stump up for a new license (which is the main reason that OEM Licenses are NOT a good idea for the enthusiast like you and me).

    It's going to depend on whether the Actvation rep you get on the day has had a bad day, or is feeling generous, and your own powers of persuasion. No harm in trying, but don't expect to get it without some discussion, if you get it at all.

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  4. Anonymous
    2011-07-05T14:06:58+00:00

    Thanks for posting that, Noel.

    Still, since Microsoft neglected to include this information in the EULA (and this AGREEMENT is what is legally binding; nothing else is!), they cannot enforce it.

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