MS - "OEM Vista on home built PCs is UNLICENSED"

Burnsy2023 · 23 Mar 2008 at 20:39

manic111 said:
I assumed that you would need a new product key for Vista as you changed the motherboard and therefore invalidated your prior one. Maybe reactivating would have been a better word...

You haven't voided the last licence, so you'd simply reactivate as you would normally.

Burnsy

manic111 · 23 Mar 2008 at 20:42

Burnsy2023 said:
You haven't voided the last licence, so you'd simply reactivate as you would normally.

Burnsy

But I thought that if you activated you OEM version of Vista on one mobo, then changed the mobo, you could not activate it on a new mobo?!? Or have I totally missed the point? :confused:

Burnsy2023 · 23 Mar 2008 at 20:44

manic111 said:
But I thought that if you activated you OEM version of Vista on one mobo, then changed the mobo, you could not activate it on a new mobo?!? Or have I totally missed the point?

Just explain the situation to the CSR. Say that you're a system builder wanting to reactivate after a warranty mobo replacement.

Burnsy

Fire Wizard · 23 Mar 2008 at 20:45

manic111 said:
But I thought that if you activated you OEM version of Vista on one mobo, then changed the mobo, you could not activate it on a new mobo?!? Or have I totally missed the point?

Hello manic111, that is the case. However, I believe what Burnsy2023 is referring too is under a warranty claim and not changing your motherboard for performance upgrade purposes.

manic111 · 23 Mar 2008 at 20:47

Burnsy2023 said:
Just explain the situation to the CSR. Say that you're a system builder wanting to reactivate after a warranty mobo replacement.

Burnsy

Cheers, Im slowly catching on it seems! One last question which is going to make me look like a tool-what's a CSR!?!

Firewizard, cheers for the further explanation

Burnsy2023 · 23 Mar 2008 at 20:49

manic111 said:
One last question which is going to make me look like a tool-what's a CSR!?!

Customer Service Representative

Burnsy

manic111 · 23 Mar 2008 at 20:52

Kk, cheers-now I have all the info. I could need about something that in all likelihood will never happen!!!

Thanks for answering my questions Burnsy

gareth170 · 23 Mar 2008 at 20:56

personly theres too many loop holes... but i guess its up to MS to keep it this way

Burnsy2023 · 23 Mar 2008 at 20:57

gareth170 said:
personly theres too many loop holes... but i guess its up to MS to keep it this way

Like I've said, this is a very small part of their annual sales. And they're rather unusual loopholes, it's not like any contract is totally waterproof.

Burnsy

Macro · 23 Mar 2008 at 21:10

Burnsy2023 said:
No, but you can get a refund directly from MS. It's been done before.

Burnsy

Agreed. If needs be MS have said they would underwrite the return/refund.

From the Vista EULA:

"By using the software, you accept these terms. If you do not accept them, do not use the software. Instead, return it to the retailer for a refund or credit. If you cannot obtain a refund there, contact Microsoft or the Microsoft affiliate serving your country for information about Microsoft's refund policies. See www.microsoft.com/worldwide."

smids · 24 Mar 2008 at 02:21

KPeh said:
I'm not going to argue further than this post, as I've got to get on with finals work (LLB).

You said: "My comments on it's legality are debatable and open to conjecture". This is the first time in the thread you have admitted this.

It is clear you have little understanding of law. If you want to talk about "what MS say" then you are welcome to. Just don't frame MS's point of view as the law, which you have been doing. It isn't necessarily. Eg.

eg. "Since when was an EULA legally binding?

Err... since any contract became legally binding?"

eg. (2). "Anyway, the contract is formed on installation when you click 'I agree', not when you buy it."

Debatable and open to conjecture? Not from the sound of things. But it certainly is. And the point you've just made is a very unreasonable assertion.

That's it from me, folks.

Hmm, I'm not so sure on your arguments. Yes, I fully appreciate the contract element of the situation, however are we missing the weight of the IP (intellectual property) side of things out here. It's very grey, but I spoke to my sister about this (better qualified than both you or me [I finished my LLB 2 years ago], with an LLM) and she has studied IP. I was swayed by her arguments to some extent, albeit she was entertained to a stripped-down scenario.

I don't think we can argue on the points of contract, which would be clear, however is there not an argument that the reseller is only guaranteeing the fact that the software sold is original and in working order, with the license to use that software being something completely separate? It comes down to a definition of what is actually being sold. It cannot be solely the media, so there is more here that requires explanation. I remember from a contract class in my final year where we discussed software and buying code. I think I'm going to dig up some notes and get back to this. It's an interesting topic. One thing I feel we can agree on is that more clarification is required here. EULA's are not so strict as is being made out, I agree, but there is some weight in them, if you adopt the modified view of what the reseller is actually supplying.

Slam62 · 24 Mar 2008 at 09:35

Well thankyou to the legal eagles for 'clarifying' the situation, I expect we owe you a few quid. oh and um see you in court.

nightmare99 · 24 Mar 2008 at 09:47

My god is this thread still going?

smids · 24 Mar 2008 at 09:52

Well it is only like 6 days old...

fizzy · 24 Mar 2008 at 13:14

Well - what about office? I've got a fully legitimate licensed copy of Office Professional 2003. I've activated it previously and had no issues.

I've been having a few problems with the on board lan on my motherboard, so I've disabled it in the bios, and added a pci network card.... and office is now stating it needs to be reactivated???? Tried and it comes up with "this has been activated too many times".

Not changed the board, just a fairly minor system alteration, and office is playing up? Its all barmy. I may have to try enabling the onboard in the bios, and disabling in windows and see what happens... :eek:

nightmare99 · 24 Mar 2008 at 13:25

I may have to try enabling the onboard in the bios, and disabling in windows and see what happens...

Yeah you could do that or call MS and they will activate it.

fizzy · 24 Mar 2008 at 15:23

nightmare99 said:
Yeah you could do that or call MS and they will activate it.

Well, I re-enabled the on board lan in the bios and this stopped the reactivation request for office. I find it mad though - windows was unaffected by the hardware change, but office?? I would have thought it would be tied to some unique id hidden away in windows, not the hardware.

May see how open office is progressing in the future.

Burnsy2023 · 24 Mar 2008 at 16:09

fizzy said:
May see how open office is progressing in the future.

Is phoning up and activating Office THAT much trouble for you?

Burnsy

Bomag · 24 Mar 2008 at 17:14

Probably Burnsy.

Every time I have to reactivate something from MS (on average one a month for all the different OS and office programs on all the different PCs in the house) the following is required.

1. Go and get the phone extension cable.
2. Scramble under the table and plug the phone in.
3. Phone up MS and after 5-10 min get somebody from east of Aden who has no idea of how to speak English.
4. After another 5-10 mins get somebody who you can at least communicate with (barely, but passable).
5. Spend another 5 minutes confirming that you are not installing the software on more PCs than the number allowed.
6. Spend another 5 minutes typing in the activation code while juggling the phone receiver.

Total time = best part of half an hour.

The alternative is for the software to work without threatening you with non-functioning software.

Slam62 · 24 Mar 2008 at 17:17

Burnsy, I think the main problem for people is that when they buy a music Cd, a tv, a dvd player,etc they can use it whereever and whenever they like and it won't tell them they can't. I can see MS point of view but people feel like its big brother all the time and given that you pretty much have to have the MS product it's even more painful.