Windows 7 OEM reinstall

CaptainCrash said:
If you're going to nitpick, you might want to have a closer look at the Windows 7 OEM EULA - *nowhere* does it explicitly state that an end user will be breaking the agreement by changing a motherboard.

MS can publish as many FAQs as they like about a motherboard being the "heart and soul" of a computer, but unless that definition is written into the contract (the EULA) it's nothing more than a point of view, and isn't legally binding. IMHO of course.
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i don't understand why people try to find ways out of it.

people know the heart of a computer is the motherboard. yes maybe it isn't totally clear in the EULA, maybe thats why they put a license FAQ's

also the whole reason for retail version is so people can transfer it
 
But if MS don't enforce it, and their next OS allows more flexibility, in line with what people are doing then why bother?

As long as they know what they're doing, that there may be consequences (however unlikely), then they can make their own decision?
 
ChileanLlama said:
Yep, you'll still have OEM for the major manufacturers, and the license agreement won't be changing for them.

The OEM enthusiasts typically buy for self builds will be System Builder, new license agreement and more flexibility when it comes to transferring.

So either bulldog is wrong in his statement OEM is transferrable, or more likely he's thinking of the new System Builder licensing.
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yeah if u buy win 8 oem and install it yourself on the system you've built it'll become a System Builder license

which most of us here have.
 
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gareth170 said:
i don't understand why people try to find ways out of it.

people know the heart of a computer is the motherboard. yes maybe it isn't totally clear in the EULA, maybe thats why they put a license FAQ's

also the whole reason for retail version is so people can transfer it
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I'm not trying to "find ways out of it." I'm expecting Microsoft to abide by the terms of the contract *they* drew up, just as they'd expect me to.

The EULA is binding on *both* parties, not just the customer, and if MS haven't made their intentions clear they've only themselves to blame. I could publish the Captain Crash "FAQs" stating that the case, the CPU or one of the cable ties is the "heart" of a computer, but unless that definition was in the contract terms I wouldn't expect Microsoft to take any notice of it.
 
ChileanLlama said:
But if MS don't enforce it, and their next OS allows more flexibility, in line with what people are doing then why bother?

As long as they know what they're doing, that there may be consequences (however unlikely), then they can make their own decision?
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MS as enforce it but not made it clear in the EULA.

when u phone MS they ask whats the reason for activating most people tell a lie. if u tell the truth you've upgraded your motherboard they'll most likely say no. it happened to my friend
 
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Fair enough, but that's why I say they should know the licensing before hand.

Are you aware of any cases that the EULA has been tested in court? It may be unenforceable. Not that I'm condoning anything, just being realistic about it.
 
ChileanLlama said:
Are you aware of any cases that the EULA has been tested in court? It may be unenforceable. Not that I'm condoning anything, just being realistic about it.
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I searched high and low for some case law when this argument came up a while back, but without any success. This suggests to me one of two things:

1. Microsoft couldn't give a tinker's cuss about the issue.

2. They don't want to bring a test case as they know, or strongly suspect, it wouldn't go well for them (in this country at least).

Personally I reckon it's a bit of both, but I doubt if we'll ever really know. :)
 
Geez why can't they just make things simple and have a single (or double) distribution. If the EULA's confuse people on here that in some cases have a lot of knowledgeable people on the subject then I feel for the major population.

Keep it simple MS, Retail or OEM!
 
Basically I have already replaced the Mobo with this version of Windows 7 before, and not a peep was heard from the OEM police, but I have to upgrade my core components (i.e. a rebuild almost) this time round and wondered if it would cause a problem as I am chnaging the HDD for an SSD and putting a new mobo in because the old one was just a stop-gap...

I will try a few of the suggestions here, but I am not going to do anything illegal. The phone activation "work around" seems the most common solution, if it works it works, if not, I'm buying a new license for Windows 7, as I refuse to go up to Windows 8 on the grounds that it's probably going to be the next Vista :/

Thanks for all the help and suggestions guys, and the reminders that I should probably read the OEM license in a bit more detail ;)
 
takuhii said:
I am chnaging the HDD for an SSD and putting a new mobo in because the old one was just a stop-gap...
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Interestingly (well to me at least, if not many others I suspect), if there's any clarity in the OEM EULA about the non-interchangeability of particular components, it relates the OS drive, not the motherboard, although they haven't mentioned anything to that effect in their FAQs and AFAIK no-one has been refused activation on that basis.

If you comply with these license terms, you have the rights below for each license you acquire.

1. OVERVIEW.

a. Software. The software includes desktop operating system software. This software does not include Windows Live services. Windows Live services are available from Microsoft under a separate agreement.

b. License Model. The software is licensed on a per copy per computer basis. A computer is a physical hardware system with an internal storage device capable of running the software. A hardware partition or blade is considered to be a separate computer.

2. INSTALLATION AND USE RIGHTS.

a. One Copy per Computer. The software license is permanently assigned to the computer with which the software is distributed. That computer is the “licensed computer.”
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(the italics are mine)

On the face of it, this suggests that you *may not* install to a drive other than the original, as the contract terms specifically state that "A hardware partition or blade is considered to be a separate computer" - obviously, by installing to a different physical drive you'll be installing to a different partition, and therefore a "separate computer" according to the letter of the EULA. I'll leave it to someone else to "find a way out" of that one though. :D
 
Bottom line is you're upgrading practically all your PC, therefore your OEM license is no longer valid from MS's perspective.

Will they still activate it? Most probably.

Do you want to be squeaky clean? Get a new license.
 
You see what I mean, at which point does it become "another" computer, as components will die and get replaced over time.

Microsoft seem to imply that if I change the HDD, either through failure or age, I am "changing" the computer. I feel this is a little unfair, what if I buy a dodgy HDD, it fails within, say, three weeks and I have to replace it

Ultimately Microsoft should NOT be responsible for the reliability of my hardware, but I do feel that rule is a little unfair.

I will try to use the phone route and let you all know how I get on. I am still waiting for my SSD to be dispatched (Vertex 4 from the good people at Overclockers (hopefully I should see it within the next week)).
 
takuhii said:
You see what I mean, at which point does it become "another" computer, as components will die and get replaced over time.

Microsoft seem to imply that if I change the HDD, either through failure or age, I am "changing" the computer. I feel this is a little unfair, what if I buy a dodgy HDD, it fails within, say, three weeks and I have to replace it

Ultimately Microsoft should NOT be responsible for the reliability of my hardware, but I do feel that rule is a little unfair.
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It's a bit like Trigger in "Only Fools And Horses" ... ""Maintained it for 20 years. This old broom's had 17 new heads and 14 new handles in its time." :D

Microsoft have stated (can't remember exactly where ATM) that like-for-like replacements are allowed in the event of hardware failure, although, again, I don't see any specific mention of this in the EULA itself.
 
takuhii said:
You see what I mean, at which point does it become "another" computer, as components will die and get replaced over time.

Microsoft seem to imply that if I change the HDD, either through failure or age, I am "changing" the computer. I feel this is a little unfair, what if I buy a dodgy HDD, it fails within, say, three weeks and I have to replace it

Ultimately Microsoft should NOT be responsible for the reliability of my hardware, but I do feel that rule is a little unfair.

I will try to use the phone route and let you all know how I get on. I am still waiting for my SSD to be dispatched (Vertex 4 from the good people at Overclockers (hopefully I should see it within the next week)).
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MS consider it to be the motherboard and allow that to replaced if it is defective. It sounds to me as though you are on your second round of upgrades, which are very different to replacing defective parts.

OEM self build licences are cheaper because they are meant to live and die with the same computer. MS provided retail to allow you to keep transferring the license across multiple "computers" and upgrades, but these cost more.

You have all the information here, and only you can decide how to proceed.
 
CaptainCrash said:
It's a bit like Trigger in "Only Fools And Horses" ... ""Maintained it for 20 years. This old broom's had 17 new heads and 14 new handles in its time." :D

Microsoft have stated (can't remember exactly where ATM) that like-for-like replacements are allowed in the event of hardware failure, although, again, I don't see any specific mention of this in the EULA itself.
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That was the analogy I wanted to use (there was a similar one in a Pratchett book, about a Dwarf Axe, it's head had been replaced many times, as had the handle, but it was still the same axe)...

I guess I will try appealing to Microsoft via the phone route (is it automated or a person?), failing that I WILL buy a new license, or reluctantly upgrade to Windows 8 as upgrades are only £50 :/
 
takuhii said:
That was the analogy I wanted to use (there was a similar one in a Pratchett book, about a Dwarf Axe, it's head had been replaced many times, as had the handle, but it was still the same axe)...

I guess I will try appealing to Microsoft via the phone route (is it automated or a person?), failing that I WILL buy a new license, or reluctantly upgrade to Windows 8 as upgrades are only £50 :/
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You wouldn't have a qualifying Windows 7 license to get the upgrade in that case.
 
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