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New motherboard, new Microsoft Windows license?
Posted by Spy February 18, 2006 10:06 PM with 19 comment(s)
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Microsoft recently made a change to the licence agreement saying that a new motherboard is equal to a new computer, hence you need to purchase a new Windows licence.

Here is what Microsoft has to say:

“An upgrade of the motherboard is considered to result in a “new personal computer” to which Microsoft® OEM operating system software cannot be transferred from another computer. If the motherboard is upgraded or replaced for reasons other than a defect, then a new computer has been created and the license of new operating system software is required.”

The reason Microsoft gave for this term is that “Microsoft needed to have one base component “left standing” that would still define that 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.”

Microsoft sent a memo to its OEM partners asking them to enforce this new policy, every time they upgrade a computer for a client.

From the Microsoft License FAQ, question 11:

Rather than purchase completely new PCs, my organization performs in-place upgrades to the hardware on many of our computers. We often times only replace the motherboard, processor, and memory. Since the COA is still on the case and the OS is still installed on the hard drive, this computer is still licensed, right?

Generally, you may upgrade or replace all of the hardware components on your computer and maintain the license for the original Microsoft OEM operating system software, with the exception of an upgrade or replacement of the motherboard. An upgrade of the motherboard is considered to result in a "new personal computer." Microsoft OEM operating system software cannot be transferred from one computer to another. Therefore, if the motherboard is upgraded or replaced for reasons other than a defect then a new computer has been created, the original license expires, and a new full operating system license (not upgrade) is required. This is true even if the computer is covered under Software Assurance or other Volume License programs.

Microsoft License FAQ (Word .doc format)
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Source: www.flexbeta.net

Comments

 

Chris2006 said:

Retail is different than OEM, of course you pay more for retail.

From the Microsoft License FAQ, question 9:

"Can I transfer my operating system license from an old PC to a new one?

ANSWER. Not unless it was purchased as a Full-Packaged Product from a retail store (i.e., Windows in a box). Current OEM licenses for all Microsoft operating system products are not transferable from one machine to another.  ..."

February 19, 2006 2:07 AM
 

Spy said:

But there are a LOT of OEM machines out there where people may want to upgrade the mobo once the warranty has expired.

I think this is actually a very big shift in licensing terms.
February 19, 2006 2:50 AM
 

JasonCox said:

This makes perfect sense, after all I cant install a Dell OEM version of XP to my desktop, it's locked in to my laptop even if the laptop was destroyed.
February 19, 2006 2:54 AM
 

m0gely said:

This is crap.  If I replace the motherboard in a Gateway machine (which uses off the shelf type parts) with an Asus board and that's all I replace then buying a new license for Windows looks like a bad joke. And where's the line if I choose to buy a little more memory and a faster CPU at the same time?  It's too blurry.  MS needs to just accept this and move on.  They won't, but they should.  I assume by defect they will want to see an exact replacement model from the OEM, but maybe not.

I think it doesn't matter.  People will just say they had a defective board.  Even now if you activate XP over the phone they ask how many computers you've installed it on implying you have already done something wrong.  This just means they probably have no way of inforcing it and they know it, but asking a scary question will deter most people.
February 19, 2006 3:22 AM
 

Fulong said:

Linux (KNOPPIX) Live CD  - Open Source Software that is a bootable Live system on CD or DVD, consisting of a representative collection of GNU/Linux software, automatic hardware detection, and support for many graphics cards, sound cards, SCSI and USB devices and other peripherals.

Due to on-the-fly decompression, the CD can have up to 2 GB of executable software installed on it (over 8GB on the DVD "Maxi" edition).

http://www.knoppix.org/

February 19, 2006 9:46 AM
 

Zedy said:

I have very bad news for Microsoft.

Every time I purchase new components for a new customers machine I am entitled to purchase an OEM copy for both motherboards AND hard drives.

 

February 20, 2006 2:00 AM
 

ray11261 said:

This is bullshit

M$

Sucks ass I use 100% not illegal software I see this changing if M$ continues on its current path. 

 

If apple starts getting games made for it like M$ I may switch even though I dislike Intel.

 

February 20, 2006 3:12 AM
 

hiwaystar said:

You don't want me to started here[:#]
February 20, 2006 3:30 AM
 

JasonCox said:

You guys are really intelligent, substituting parts of 'Microsoft' for the dollar sign and other words. Really, that became old in 98, can we stop doing that?
February 20, 2006 5:36 AM
 

GoodThings2Life said:

I'm perfectly OK with this from an OEM perspective... it really does make sense that a Dell, HP, or Toshiba OEM licensed copy of Windows should remain licensed to those OEM licensed systems. On the other hand, since a Retail license can be transferred, that's great... I'll just buy retail instead of OEM.


However... I think Microsoft should alter the way Activation works so that it is only triggered if the motherboard is changed. All other components should be fair game for replacement and upgrade. [:)]
February 20, 2006 1:15 PM
 

GoodThings2Life said:

In response to the Knoppix poster, yeah, it's great if it supports your hardware and you can find suitable app replacements... on the other hand, running your entire system from a CD takes a huge performance hit. It also isn't suitable for very many gamers. Nevermind the whole burn a new CD/DVD every time a new patch, update, or version is released. On the other hand, the price is right... guess you kinda take a hit either way. [8-|]
February 20, 2006 1:20 PM
 

xMorpheousx416 said:

This consistant level of immaturity doesn't surprise me at all.

1.  You do not own your software...Microsoft or other vendor.
2.  OEM licenses are for only ONE machine.  Defined by the system board, not the CPU, GPU, memory, or hard drive.
3.  You agreed to the OEM license, get over it.
4.  OEM terms are NOT the same as Retail.
5.  Don't like it?  Stop buying OEM material...you made the choice, no one twisted your arm or held a gun to your head.
February 20, 2006 6:58 PM
 

m0gely said:

Ok, so you obviously didn't get my Gateway example.  Lets say I own a small chain of 5 computer shops (or even 1).  I build machines using off the shelf and brand name parts such as Asus, Creative, MSI, Aopen, etc.  I build a system for a customer which uses a model of motherboard about to be replaced in a couple weeks by the next big thing coming to market.  In a little over a year, this customer returns because unfortunately the motherboard fails 3 months out of warranty.  His options are to get a used board from eBay, the same model, or a new board from some other manufacturer that is still sold new on the market.

At this point in time a new board will cost him about $100, plus $100 for me to install, test and get everything back up the way it should be (just throwing up some pricing here).  Now he's got to pay for a new Windows license too at $100 (he, oem) to $150 (pro, oem) more?  And I'm suppose to convince him that MS thinks he now has a new computer and that's why?

Also consider how competetive system building is for those smaller companies that do this.  Building machines with retail versions of Windows isn't realistic.  And please don't reply something like, hey if you can't compete then do something else.  Larger companies like Dell and HP lock people into the hardware by making proprietary parts.  So there are other reasons besides the OS to just go buy a new machine.  But for small shops, it looks like the OS is now a major factor in whether or not your computer is a throw away.

This doesn't even include all the people out there building their own machines, but I suppose those are the people your comments were directed at.
February 20, 2006 10:49 PM
 

hiwaystar said:

Im' not changing the way I do a damn thing. Mr. Billy bob &Mr. Bald Boob Ballmer can shove it all up their ass.[:#][:#][:#]
February 21, 2006 1:37 AM
 

ray11261 said:

I build my own system and it is cheaper to get the OEN version of Windows XP pro full it cost me 167.00 it does not matter I will switch to Max if the gaming companies start making games for them

I have never had a OEM ie Dell shit HP shit Gateway shit computer I will never except for Apple which is OEM to but better support than the other OEM's out there. I still do not like Intel CPU's since the last one I had a 166 but my sister has a new POS dell with Intel inside and it is slow it is so boged down with there crapy software you can't do anything on it without a long wait or choppy game play.

 

sorry spell checker quit when he hard the news about Bill fuck head Gates he's words not mind.

 

February 21, 2006 3:32 AM
 

schwit said:

Linux is looking better all the time.
February 21, 2006 7:28 AM
 

TheOneAndOnly said:

@m0gely.

If you board is defect you may replace the board and use the same license.

February 21, 2006 4:21 PM
 

dadillen said:

 

My girl friend blow the MB (processor and memory are OK) in her eMachine (yes I know I told her not to buy it). Anyway it is not under warrenty, so I was going to just pop a MB into it when I learned that if I did the eMachine OEM Windows XP Home would not work. eMachine say if the MB (an eMachine replacement part would have cost more that the whole system did) is not eMachine the computer is not eMachine so it's not their problem. M$ say the same no eMachine MB not an eMachine, so no OEM XP. Ok I am a smart guy so I head over to ebay to find a 'eMachine' MB for much less the an OEM part or XP. eMachine and M$ got the eMachine MB and I got 'lucy'.

So how long you think it will be or may it has already happened that some smart Lad or Lass out there builds a couple hundred or thousand or (can you say china or India) hundred thousand boxes and loads them with all the same components and one copy of Windows XP/2003/64bit/Vista or something. Or am I just thinking evil thoughts

February 24, 2006 6:55 AM
 

kirktalon said:

I'm a Mac user so I don't know as much about swapping out motherboards (not yet) but I have sympathy for this Microsoft problem. Apple could do the same thing with hard drives in my opinion. Imagine a sofa making company doing this. Of course, you can't copy a sofa multiple times like software, so lets assume you had only one of each. Does the sofa company get to come and charge me more cause I moved to a new residence or because I remodeled my family room? That would be NO! For that reason, I think the motherboard change is a poor component to focus on. I would be more concerned with a change in hard drive cause that is where the OS resides. It could be moved to another computer. Well that's my 2 cents.
February 24, 2006 6:08 PM

About Spy

Hello world, as they say. I'm in Melbourne Australia and work as a Systems Administrator. I go to work every day with a smile on my face as I just love my work. Our company works across 30+ sites around the state so I travel a bit. We use mostly MS products, IBM hardware and 100% Cisco networking...it's a sweet mix for sure. I've been around Bink's site since it's inception way back when it was just a group on the MS site...that was a while ago. Bink.nu is the leading source of Microsoft news on the web that's for sure and I love being a part of Steven's team. Anyway, hope you enjoy the site.
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