On Thu, 22 May 2008 07:26:00 -0700, Nijmegen
<Nijmegen@discussions.microsoft.com> wrote:
[color=blue]
>The answer is: USERS (not manufacturers) should get the RETAIL version, since
>you CAN'T reinstall the OEM version on another motherboard!
>
>Here's the reply of a Microsoft employee:
>_______________________________________________________________________
>
>Hello,
>
>Thanks for your interest in OEM licensing. We realize that our licensing is
>often confusing and let us try to help clarify this issue.
>
>An upgrade or replacement 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, then a new computer has been created 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. The replacement
>motherboard must be the same make/model or the same manufacturer’s
>replacement/equivalent, as defined by that manufacturer’s warranty.
>
>The reason for this licensing rule primarily relates to the end-user license
>agreement (EULA) and the support of the software covered by that EULA. The
>EULA 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 that individual
>PC. Understanding that end users, over time, upgrade their PC with different
>components, 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 replaced under warranty) a new PC is essentially
>created. The original System Builder, therefore, cannot be expected to
>support this new PC that they in effect, did not manufacture.
>
>We hope this helps clarify why we have this licensing rule. For more
>information on System Builder licensing please see
>[url]http://oem.microsoft.com/licensing_main[/url].
>
>Thank you,
>
>Microsoft OEM Internet Business Support
>
>[url]http://oem.microsoft.com[/url]
>_________________________________________________________[/color]

Of course, if this is a self-built system, the user/builder is the one
responsible for such support, since he DID decide to support this
"new" PC, that he DID in effect, manufacture. This has nothing to do
with the reasoning above.

Microsoft has yet to address this in any of their OEM EULAs. They
tend toward just ignoring the fact, since it would effectively give
user/builders all such rights, rather than a third-party Microsoft can
easily control. The user/builder himself could decide that an
"upgraded" MB is "necessary" for the proper operation of his computer,
and this would remove any hooks Microsoft has in their restrictive OEM
licenses.

Microsoft has arbitrarily decided that such an "upgrade" will "create
a new computer". They have no REASONING for this, no legal arguments,
just "that's the way it is going to be. PERIOD."

Mr. OEM Internet Support, who is MICROSOFT to decide whether such a
System builder can (or cannot) be expected to support this "new PC"?

I believe each builder is perfectly capable of deciding on his own
whether he will or will not support such a "new" PC.

Get out of our minds, Microsoft. We are perfectly capable of making
up our own minds about such a situation, and don't need your help in
making the decision.

Why not just be HONEST with us, and tell us you simply don't want to
lose the money you would make by requiring such home-builders to
obtain a new license in that case.?

It's not so much the money we rebel against, its the PRINCPLE of OUR
OWNERSHIP Of our OWN machines. YOU don't own them. We do. We don't
want you telling us how to use our own machines. If we wanted that, we
would buy Apples with OS X instead. Oh, right, many of us are doing
just that. Wonder why, Mr. OEM Internet Support?


Donald L McDaniel
Please reply to the correct thread and article.
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