New mobo = new windows?

[Dano]

I know what an opinion is. "sigh"

Clearly not else you'd know that an opinion doesn't require any proof or 'backing up'. The statement wasn't one in any case, I was merely pointing out that I may or may not correctly recall there being a case that EULA's were not enforceable.

It is however my 'opinion' that MS would have a hard time prosecuting a user in court for using an apparently un-licensed copy of OEM XP after they installed it on a new motherboard and MS themselves activated it either via the net or phone line with no questions asked, and as that is an opinion I do not need to back it up, understand?

I think it is a little irresponsible to state that you "believe" that the Windows XP EULA is "un-enforceable" and then not back that assertion up.

It's even more irresponsible to take something I have already stated may not be correct and assume that I am making a defacto statement.

This forum is used by people looking advice and guidance and to not back up assertions is a tad remiss.

Again, what assertation?

You can continue to attempt to twist my comments into something they are not or you can accept that you have misunderstood what I wrote, either by me not being clear or by your failure to understand either way amounts to the same thing.

To re-iterate and make clear to you:

1) I seem to recall that EULA's are not enforceable in the EU, I do not have any evidence to back this statement up, I could also be failing to recall the situation correctly and as such you can either take it or leave it but I will not be spending time trying to google it.

2) MS will activate windows OEM via the net or by the phone when a new motherboard has been installed.

3) It is my opinion that due to the above that MS would have a hard time prosecuting anybody for using a technically unlicensed OEM copy of windows.

 

[stoofa]

As has been said in numerous threads, but as it is Christmas I will repeat.

Your Windows XP license was tied to the motherboard that was in your system when the OS was first installed.
If the motherboard had failed inside of a warranty and you had been supplied with a new motherboard as part of that warranty process your license would remain valid.

As soon as you replace your motherboard you are no longer license legal and to remain so you will need to purchase a new one.

This is where there is an advantage to buying the retail version of the OS - for some reason people think the only difference is price and the fact there is no support with the OEM copies.
This is incorrect - your useage license is vastly different.
The OEM license is good for the motherboard you installed it on, the retail version can be moved from computer to computer and used basically for the lifetime of the OS.

And now on to the bit you don't want to hear or rather will decide which bits you do want to hear etc.
Activation of a Windows product does not mean you are legally licensed.
For some reason some people do think that activation automatically means you are legal - this is very incorrect, remember the phone activation process does not involve you speaking with anyone who can judge the legality of your license.
So - if you reinstall your OEM copy on to your new machine and then phone the activation number there is a 99.9% chance that your product will be activated.

I say 99.9% because if you were to phone up and actually tell them the truth - that you were attempting to move your OEM license from one machine to another then your activation request would be denied.
However as when you phone up for activation you are already attempting to use an illegal license you are hardly going to tell the truth are you?

Once the activation process is complete you will have a fully functioning version of Windows on your machine.
Windows Update will continue to funtion and if you run the online "Validity Check" required for some MS Windows updates it will work fine.
However you are using a license no more legal than if you'd simply downloaded it from the net.
You're license is no more legal then "pirate pete" who never pays for any software as downloading is cool etc.
So basically the next question was why did you even bother buying Windows in the first place?
You were legal until you moved the license from one machine to another, then you weren't - you may as well just have pirated Windows in the first place.

It is all down to what you can physically do and what you can legally do.
Physically I could take one OEM copy of Windows, install it on half a dozen machines and within a week I could have it activated on all of the machines.
Legally I buy an OEM license, use it until the motherboard is replaced and then buy a new license.
Imagaine it similar to a driving license.
To drive a car I need a driving license.
However if I don't have one and get behind the wheel of a car and attempt to start it the engine will turn, the engine will fire and physically I can drive that car away - the no driving license makes what I'm doing illegal, it doesn't however physically stop me from doing it.

 

[Dano]

I say 99.9% because if you were to phone up and actually tell them the truth - that you were attempting to move your OEM license from one machine to another then your activation request would be denied.
However as when you phone up for activation you are already attempting to use an illegal license you are hardly going to tell the truth are you?

Alternatively they make no attempt to ascertain if you have a valid license, the only question asked is something along the lines of 'how many computers is this copy of windows installed on', no lies needed, no avoiding the truth just an honest answer to their question.

Once the activation process is complete you will have a fully functioning version of Windows on your machine.
Windows Update will continue to funtion and if you run the online "Validity Check" required for some MS Windows updates it will work fine.
However you are using a license no more legal than if you'd simply downloaded it from the net.
You're license is no more legal then "pirate pete" who never pays for any software as downloading is cool etc.
So basically the next question was why did you even bother buying Windows in the first place?
You were legal until you moved the license from one machine to another, then you weren't - you may as well just have pirated Windows in the first place.

Agreed.

It is all down to what you can physically do and what you can legally do.
Physically I could take one OEM copy of Windows, install it on half a dozen machines and within a week I could have it activated on all of the machines.

Not sure you can, unless you knowingly lie to the question asked, at which point you've supplied false information.

Legally I buy an OEM license, use it until the motherboard is replaced and then buy a new license.
Imagaine it similar to a driving license.
To drive a car I need a driving license.
However if I don't have one and get behind the wheel of a car and attempt to start it the engine will turn, the engine will fire and physically I can drive that car away - the no driving license makes what I'm doing illegal, it doesn't however physically stop me from doing it.

Yes, and at no point have you had any contact with the DVLA for them to ask 'do you have a valid license for that vehicle?' so your analogy falls a little flat. The point being that unless you go down the route of bypassing MS activation they have full control over whether the software is allowed to start or not, that they fail to ask the pertinent question, 'has this version of windows been used before on a different motherboard/computer?' is my main beef with the situation. They know which keys are OEM, they know which ones have been activated before, yet they still activate them without checking that they are within the EULA, why?

Unless I'm missing something they are causing this situation and as such I still feel that they would have a hard time prosecuting somebody for using an activated unlicensed copy of windows, not that that in any way makes it legal to do so as it is only my opinion and may very well be completely and utterly wrong

 

[ShakenNstirred]

at the end of the day if M$ reactivate me over the phone
without checking to see if I'm still licenced to use vista or whatever its there fault not mine.
they should be hard and say no we cant reactivate sorry you need a new licence, but they dont for fear of upsetting to many people that will then end up going to Linux or pirate OS

 

[Tomsk]

at the end of the day if M$ reactivate me over the phone

When my motherboard died after a few months on my home built PC, I had to phone MS to reactivate. I actually spoke to a human who asked me a few questions before giving me an activation code.

without checking to see if I'm still licenced to use vista or whatever its there fault not mine.

Just because MS didn't check that you were following the terms of the license, doesn't mean that MS are saying it's OK.
Ignorance is no defence in the eyes of the law.

they should be hard and say no we cant reactivate sorry you need a new licence, but they dont for fear of upsetting to many people that will then end up going to Linux or pirate OS

The average computer user probably doesn't even know Linux exists and would probably be confused by the varying versions of pirated Windows OS out in the internet.

 

[stoofa]

at the end of the day if M$ reactivate me over the phone
without checking to see if I'm still licenced to use vista or whatever its there fault not mine.
they should be hard and say no we cant reactivate sorry you need a new licence, but they dont for fear of upsetting to many people that will then end up going to Linux or pirate OS

No it is not their fault.
You are breaking the license by attempting to use it on a machine you are not allowed to do.
You agreed to the license before the OS was installed on your machine.
You break that license so it is your fault.

People will not go to Linux instead of Windows - that has been a threat for the past 15 years, it hasn't happened "en mass" yet.
As my post said - if you're going to use your copy of the OS outside of the license then you might just as well pirate it anyway.

By using your OEM copy on any other motherboard than the one it was originally installed on you are breaking license - you are in effect pirating the software.

 

[stoofa]

When you phone up to activate Windows thay also don't say:

"Is the copy of Windows you are activating a copy on a CDR that your mate gave you?"

The activation don't ask you a lot of questions -that doesn't mean that I can just do what I like with the license etc.

If I were to order some flowers over the phone and was then asked for my credit card details - which I gave and the sale is over.
I doubt very much the salesman would ask:

"Are you using a stolen credit card or a card without the knowledge of the owner?"

So if they don't ask it means its OK for me to do it....

Just because they don't expressly ask a hundred and one questions when you phone up for activation doesn't mean they don't care about such things.
It just means they cannot afford to keep somebody on the phone for half an hour going through the various options to see if what is being done is legal.

By calling the activation line MS are assuming you've read the license agreement you agreed to when you installed the OS.
If you haven't then you've only got yourself to blame.

 

[Dano]

I'll quote myself here as you seem to have missed reading my previous posts:

1) I seem to recall that EULA's are not enforceable in the EU, I do not have any evidence to back this statement up, I could also be failing to recall the situation correctly and as such you can either take it or leave it but I will not be spending time trying to google it.

2) MS will activate windows OEM via the net or by the phone when a new motherboard has been installed.

3) It is my opinion that due to the above that MS would have a hard time prosecuting anybody for using a technically unlicensed OEM copy of windows.

I've not said it is right, I've not said it is true, all I've done is to express an opinion that MS would have difficulty prosecuting someone based on the situation as I see it.

 

[Burnsy2023]

I've not said it is right, I've not said it is true, all I've done is to express an opinion that MS would have difficulty prosecuting someone based on the situation as I see it.

And i'll say that's a bit irrlevant. Like I've always said, why buy a licence that's worthess? Piracy is cheaper.

 

[Dano]

And i'll say that's a bit irrlevant.

Of course it's irrelevant, the only reason I keep needing to make any sort of comment is due to people trying to twist my comments or failing to understand what I've posted, which I feel I have to defend

Like I've always said, why buy a licence that's worthess? Piracy is cheaper.

Is that bit aimed at me or am I starting to lose the plot?

 

[Burnsy2023]

Is that bit aimed at me or am I starting to lose the plot?

It's a general statement

 

[peige]

The oem is better than a pirate version because it will work, its key will work and you will get updates, thats why you buy it

 

[Burnsy2023]

The oem is better than a pirate version because it will work, its key will work and you will get updates, thats why you buy it

You can do that on a pirate version also if you look hard enough. Personally, I think if your going to do something do it properly.