In-place upgrade with retail / OEM / OSB / SB versions?

Drachenstein · 25 Nov 2009

Mombodog said:

I guess that Microsoft can violate thier own EULA if they wish.

gregrocker · 25 Nov 2009

Mombodog said:

In general, OEM software may not be transferred from one system to another system. However, the computer system can certainly be updated with new components without the requirement of a new software license. The only exception to this is the motherboard

1. If the motherboard is replaced

2, the computer system is deemed "new" and a new license would be required. Other PC components may be upgraded, including a hard drive. Though if the hard drive

3 is replaced/upgraded, the operating system must first be removed from the old hard drive. To restate: the operating system is "married" to the computer system on which it is originally installed.

A great reminder that the mobo activation-killer is an OEM (builders or manufacturer's) provision.

Many think that a mobo change kills their retail license, but it only requires a robo- or in-person activation call because retail licenses are fully migratable.

That said, Geek Squad told me last year that they have a way to reactivate manufacturer's OEM if the exact mobo is not available, which in this case it was.

Anyone know the workaround, or excuse accepted by MS?

Drachenstein said:

Mombodog said:

I guess that Microsoft can violate thier own EULA if they wish.

Or maybe liberalize it, as they are doing with Upgrades by trusting that a qualifying OS is available if not installed, even allowing their tech support to give out a workaround for Upgrade installs to new HDD!

Kari · 25 Nov 2009

Both of the cases I described were not typical, in fact in both cases were some 'mitigating circumstances' and after choosing 'Activation by phone' option both times I had maybe some luck to get a very nice person to answer my calls.

First case, Vista OEM: My wife had been using XP on her laptop. Last Christmas she got a Vista Ultimate OEM as a present from me. Early January I installed it to her computer, making the mistake to activate it straight after installation. She tried it two days and didn't like it. Factory recovery, XP back. A bit later, maybe a week or so, I decided to use this OEM and install Vista to an extra desktop we had lying around and put that machine to our guest room. I called MS, told them why I wanted to install it to another computer and reactivate. The person I was talking with laughed a bit after hearing the reason was my wife didn't like Vista, and gave me a new activation key.

Second situation was now earlier this month. My neighbor lost his laptops charger and bought a universal one. Bad deal, as we know now, that laptop is no longer among us, it's gone to computer heaven. It really burned, never seen something like that. Anyway, I had installed Seven Ultimate OEM to his laptop 3-4 days after launch, about week and a half before this accident happened.

He went to Media Markt and bought a new laptop, which came with Seven Home Premium. About two weeks ago, the day he got it, we installed his Seven Ultimate OEM to this new laptop and called MS because the same OEM key was already used in that dead laptop. Once again, absolutely no problems. A very friendly female voice gave us a new activation code.

I am not saying this is normal practise of Microsoft. I'm just saying the MS staff are humans, too and they clearly have authority and permission to use their judgement and decide if the reason they hear is valid.

Kari

Drachenstein · 25 Nov 2009

Maybe the situation is a bit more "relaxed" in Europe compared to the U.S.

I'd better not go into detail, but the so called "unbundling", the separation from software from the hardware, is at least in Germany (and I guess the EC law follows that) lawful.

So actually the manufacturer may not prevent you from installing and using software you bought to another machine by law. This means, they better provide the new key by telephone

I'm sure there are various judgments and paragraphs, but especially in the context of this thread one interesting is this one here: Microsoft unterliegt vor dem Bundesgerichtshof im Streit um OEM-Vertrieb .

Sorry, it's only in German, but in this judgement the German Federal Court of Justice (BGH) "Urteil des Bundesgerichtshofs vom 6. Juli 2000 - 1 ZR 244/97" decided against MS, that the sale of OEM (and with that also the use) independant from spedific hardware is allowed.

regards,

Wolfgang

P.S. very interesting are also these background information about the situation and the argumentation regarding the judgement (unfortunately also in German) here: Unbundling von OEM-Software | AFS Rechtsanwälte Freising

edit 2009/11/27: attachement "decision supreme court"