so i take it when i first register it notes what mobo I am using?
The biggest difference between OEM and retail Windows software is that you can't legally resell OEM software on its own without the eligible hardware although this does go on in a certain auction site unless someone reports it.
The OEM license cannot be legally used as described above. While it might be possible you ain't meant to do that. But it is no different from just downloading an .iso torrent.
so for someone like me, i can use this when i upgrade?
the only reason i ask is i have Xp at the moment but really want windows 7 64bit
There's never a scenario where it's better to buy OEM than Retail. Although in the case of hard drives most are OEM.
If you install the OEM version of windows 7 64 bit on your machine just now then yes you can install it on your upgraded computer later as long as it has been removed from the original PC. It is legal as you have bought the software and you are just upgrading the components.
As I said earlier the biggest problem in buying OEM software is if at a later stage you no longer have use for it is reselling it as this is not legal unless you are selling it with the eligible hardware.
The OEM license can be reused. I have taken an XP license from an old broken Packard Bell machine and used it on an Acer machine. It just takes a simple automated phonecall to Microsoft to register the license with the new hardware.
I suggest you read the Microsoft licensing info sticky at the top of this sub forum, specifically the end if post #39 and post #41.
Unless the terms have changed recently, OEM is tied to the motherboard, and you can only replace the motherboard under a warranty claim. Anything else means you aren't licenced, and you are no more licenced than a pirate.
There are no such restrictions on Retail however, which is why I believe most people on these forums chose to pay more for it (myself included).
So according to these outlines if someone who purchased an OEM version to go with their new build and then their motherboard dies outside of the warranty claim period they have to buy a new version to remain licensed , I can't see many people doing this.
It does however say that Microsoft would still reactivate your license in this situation which I think is what most people would be worried about.
This is still a very long way from using a pirate copy but I do agree that if you do plan to move your operating system from PC to PC or regularly upgrade components then retail is a better option but it can also be done with OEM.
The biggest difference between OEM and retail Windows software is that you can't legally resell OEM software on its own without the eligible hardware although this does go on in a certain auction site unless someone reports it.
The Microsoft system must be a lot more flexible than just the motherboard though because as I said earlier I transferred a license from a totally dead PC to another PC which has completely different hardware , this OEM key was validated and reactivated through Microsoft so now the license is tied to the other PC .
It seems to me that even though this may break the original OEM license agreement Microsoft has obviously relaxed its policy regarding this practice .
This would be the case if you were still living in 2005, but in 2010 this isn't a requirement.
Well according to Ebay's Microsoft page ( which is the site I was talking about ) regarding OEM software resales this is still the case.
"OEM software is intended for original equipment manufacturers who preinstall this specially licensed software onto the PCs they manufacture. An OEM version may only be distributed as part of a fully assembled computer system. A fully assembled computer system consists of at least a central processing unit, a motherboard, a hard drive, a power supply and a case. Don’t be fooled by a seller providing OEM software alone. The OEM System Builder Agreement, which governs the distribution of OEM software, can be reviewed here www.microsoft.com/oem/sblicense/."
It also mentions software marked as "not for resale" which most OEM software displays.
"Microsoft software identified as “Not For Resale”, “NFR”, or “Promotional” is not licensed for redistribution and cannot be lawfully redistributed on eBay. NFR software often displays a sticker on the retail box that states “Not For Resale” or “NFR.” The letters “NFR” are typically displayed also on the retail box top bar code sticker following the indication of the software title and in the title phrase of the End User License Agreement (“EULA”)."