Bruce
Wed Aug 17 19:31:52 CDT 2005
Rob Powell wrote:
> To what end? What if I replaced, say, the hard drive and RAM due to failure?
> Then I wanted to change the mobo and CPU to make it faster, then, I update
> my burner to the latest one. Am I still legal? It's still the same PC persay,
> but over 2 years I will have replaced everything. Where do I stand then?
>
According to the EULA, an OEM license may not be transferred from one
distinct PC to another PC. Nothing is said about prohibiting one from
repairing or upgrading the PC on which an OEM license is installed.
Now, some people believe that the motherboard is the key component
that defines the "original computer," but the OEM EULA does not make any
such distinction. Others believe that one could successfully argue that
it's the PC's case that is the deciding component, as that is where one
is instructed to affix the OEM CoA label w/Product Key. Again, the EULA
does not specifically define any single component as the computer.
Licensed Microsoft Systems Builders, who are allowed to distribute OEM
licenses with computers they sell, are contractually obligated to
"define" the computer as the motherboard, but this limitation/definition
can't be applied to the end user until the EULA is re-written.
Microsoft has, to date, been very careful _not_ publicly to define
when an incrementally upgraded computer ceases to be the original
computer. The closest I've ever seen a Microsoft employee come to this
definition (in a public forum) is to tell the person making the inquiry
to consult the PC's manufacturer. As the OEM license's support is
solely the responsibility of said manufacturer, they should determine
what sort of hardware changes to allow before the warranty and support
agreements are voided. To paraphrase: An incrementally upgraded
computer ceases to be the original computer, as pertains to the OEM
EULA, only when the *OEM* says it's a different computer. If you've
built the system yourself, and used a generic OEM CD, then _you_ are the
"OEM," and _you_ get to decide when you'll no longer support your product.
--
Bruce Chambers
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