According to a blurb on Aviran’s Place Microsoft has updated its Windows license agreement as follows:

An upgrade 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 for reasons other than a defect, then a new computer has been created and the license of new operating system software is required.



  1. Just another reason to us Linux when ever you can. At home on my own computers I use Linux or Mac OS X

  2. Bill says:

    Linux? OS/X? anyone?

  3. Scott Gant says:

    Ok, this is pure crap…plain and simple.

    Linux and Apple look better and better all the time.

  4. Mike Wills says:

    OMG!!! What a bunch of idiots. You can bet I will buy a new license…. cough… ya right… cough.

  5. Ok children repeat after me.

    OEM

    OEM licenses are meant for system builders. Now granted the hobby market has taken advantage of this and uses the terms to their advantage. To MS an OEM copy can be sold with;

    “(a) a fully assembled computer system or (b) a nonperipheral computer hardware component. A “fully assembled computer system” means a computer system consisting of at least a central processing unit, a motherboard, a hard drive, a power supply, and a case. A “nonperipheral computer hardware component” means a component that will be an integral part of the fully assembled computer system on which the individual software license will be installed.”

    Yes it stinks, not its not the end of the world, MS is trying to recoup loses from people figuring out that all they have to do is buy some ram and they qualify for an OEM copy. Yes it stinks, and dont count on it changing. MS is in the business to make money after all and OEM licenses are meants ONLY for the machine they are bundled/sold with. So playing devils advocate if youre going to live by the blade occasionally you will get cut. Get the cut price windows and live with the bleeds when you change the component that qualified you for the cut rate.

  6. donald says:

    a pirating we will go – a pirating we will go

  7. site admin says:

    Whi cares? ALL motherboards are replaced because of defects, right?

  8. Mike says:

    And they wonder why people pirate software? F them.

  9. drsaxman says:

    This is just for OEM right? Who buys a Dell with the intention of upgrading the motherboard? I’m curious to see if this applies to retail copies as well. Seems like the only people who would be seriously affected by this would be the Mom and Pop computer builder who purchases OEM Windows to save a few bucks.

  10. Zuke says:

    This is only for the bargain priced OEM versions. The “OEM product is ‘married’ to the original PC on which it was installed.” See the link:

    http://download.microsoft.com/download/4/e/3/4e3eace0-4c6d-4123-9d0c-c80436181742/OSLicQA.doc

    If you purchased a “Full Packaged Product” version from a retail store, you simply have to re-activate after installation on the new computer. Sucks big time though if you bought, say a $4,000 Alienware with OEM WinXP and then, cuz you’re a gamer with upgrade-itis, you want to swap the mobo+CPU next year for the new SLI version with the new Socket-987654 CPU form-factor du jour, but keep everything else from the original purchase… yikes.

  11. garym says:

    I hate to admit it because I hate to admit when I’ve been robbed, but this is true. I just looked on Micro$oft’$ website and found this:

    Q. What is a refurbished PC?
    A. Computer system that has had substantial hardware modifications that may require a new operating system license — because the modifications have essentially created a “new” PC.
    Generally, you can upgrade/replace all of the hardware components on the PC and maintain the original Windows desktop operating system OEM license with the exception of an upgrade or replacement of the motherboard (an upgrade/replacement of the motherboard is considered a new PC).
    http://www.microsoft.com/malaysia/genuine/myths/#1

  12. jasontheodd says:

    All the new graphical features in the upcoming “Windows Vista” are already in “Mac OSX Tiger” and were planned to be in a future release of the Linux “KDE” environment that may launch BEFORE Vista. The security features in the upcoming Vista are still not as robust as the current features in the other operating systems.

    The “Direct X” department at microsoft (responsible for X-Box consoles and Windows PC gaming environments) has been a rock solid industry leader for years. The rest of Microsoft has not innovated since Windows 95 was launched. Try to think of something they have done since 1995 that wasn’t done first by someone else. Do a little research and Microsoft just looks like a sad industry follower (technology wise.)

    And if you must use Windows, and you need (or want) to get a new motherboard just tell them the old one wasn’t compatible with the last patch. That actually happened to me with service pack 1 and a very expensive Abit motherboard.

  13. Alex says:

    What?! Why shouldn’t I be able to transfer the OS I bought legally from one machine to another, never mind upgrading my motherboard? Why does anyone in their right mind still use Microsoft Windows? They keep screwing their users and the users just say “thank you sir, may I have another.”

  14. Peter says:

    There is nothing new in this story.

    Those terms have been in place for quite some time.

    But I guess its another chance to go MS bashing.

    Meh

  15. 4bidn_at0m!k says:

    Folks….

    OEM….

    This has been the case since 95! The wording (to define the actual motherboard) changed in early 2004! The OEM license has ALWAYS been tied to the Original Equipment Manufactures….machine! Since the introduction of OEM Licensing!

    Why is this news now…when it was WAYY BACK then!

    Shame on Dvorak for trying to pass this “news” title as “every” copy of Windows.

  16. C0D3R says:

    >> saying that it only applies to OEM versions is essentially saying it only
    >> applies to everyone.

    Grandmother doesn’t replace the motherboard on her Dell, and neither does Dad on his Gateway.

    So essentially this applies to no one (using the same “logic.”)

  17. gquaglia says:

    “Why does anyone in their right mind still use Microsoft Windows?”

    Because most users don’t know any better. Ask 70% of computer user the difference between windows and mac os and you will get a blank stare. Users know brands, Dell, HP, ect. I imagine most think the mac runs windows just like the other brands do.

  18. Geeeze, How do you spell greed!
    If this nonscience continues I am switching to Linux.

    I compiled list of Freeware sites on TCF.NET, over 10 years ago which I Edit from time to time.
    I tested and use every product on the list. Most FreeWare products are just as good if not better than commercial.
    The Product I list shouldn’t time out or cause any problems such as with shareware.

    When demand for commercial products decrease then companies will play fare.

    Support Freeware!!!

    http://www.tcf.net/software.html

  19. Brent Wagner says:

    Spend $500 for an entire system, monitor included. What do people expect. I think MS is willing to take a loss or very little profit on OS sales in an attempt to be the only OS.

    This works out good for MS and their “name brand” cronies but most of the consumers wouldn’t know what OEM was if it bit their ass off.

    The name brand guys are more than happy to sell you a new box every couple of years or so. The only reason these guys are making any dough is subsidies for all the crapware that is preinstalled and very good pricing on MS s/w.

    Clever marketing by greedy producers will always trump ignorant, misinformed miserly buyers.

    Ya get what ya pay for, caveat emptor.

  20. So… if you can replace your motherobard if it is faulty…
    this is simple.. take your old PC Mobo to the gun range and inflict it with a fault from a .308 and your set.. reinstall replacement Mobo and load windoze again.

    I am just glad I switch to Mac after years of suffering M$ crap and…
    “oh your virus definitions are out of date”
    “just load this spyware update”

    ENOUGH I said… and bought a powerbook 12″ G4 just to see.
    A year later have 4 Macs and am not missing M$ one bit.

    Angry of Tahoe.

  21. J says:

    Real people who do real (ie useful) things with their computers cannot afford to have the system down every few months while they upgrade the motherboard.

    I bet the same gamers that cry about buying their OS are trading (pirating) most of their games. Why would anyone give a flaming snot about gamers? I’m interested in the real world.

  22. C. says:

    They need to stick the Windows XP Product Key on the motherboard then, and not the outside of the case. I purchased XP with a single pc. I still have a single pc. I should be able to use that copy of XP with it no matter what I upgrade. I’m not running it on 2 computers, or going to a new version of windows, so why buy another copy?

  23. Lou says:

    Ah, the free lunch commies on the site rear their heads…

    Switching motherboards is a new PC. You gotta draw the line somewhere, and that is a logical place for MS to draw it.

    That being said, I do believe that once you buy a license, as long as that license runs on one and only one machine, you should be able to keep it. That’s it though, ONE and ONLY ONE machine. The old Borland – treat software like a physical book pratical license. If you install it on a second machine, let those black helicopters come after you.

    And to continue the TINSTAAFL rant, you can keep your Windows 98 running forever on your newer machines, but MS should charge after a reasonable period for any upgrades, fixes, or support for new hardware.

    As to your MAC folk, at least my windows 98 CD will work on all new hardware. My Mac friends are always buying new versions of software for their new Macs. Apple is no less greedy than MS is.

  24. tallwookie says:

    thats complete crap

    I have successfully installed the SAME COPY of win xp on several different computers around the house. the key to doing this is to use a different serial# every time, and its the simplest thing to find one, just google serialz winxp, and sort through the spam.

    This is illegal, of course, as per M$ eula… but rules are made to be broken

  25. Squirrel says:

    Why are some of you guys trying to say Mac is any different. Upgraded your Mac motherboard lately? And how about every time you want to upgrade OS on your Mac, half of the programs you have won’t run on the new OS and you have to buy new versions of them as well.

    This is nothing new for MS, the are just putting a specific definition to the term ‘New PC’.
    See link from Zuke on comment 10
    And this wouldn’t be any issue if I could sell my old copy of Windows the same as I can sell my old music CD’s. Maybe Microsoft should give you some insentive to buying the retail version. Like maybe $50 rebate when you buy a full retail and send in the old OEM disc.

  26. Richard says:

    I don’t think its about a free lunch more like not getting screwed by the big guy.
    Would you pay $100.00 for a slice of pizza?
    What if you was starving for a slice?
    How about $500.00 or a thousand.? Hmmm
    Do you think its fair that in order to listen to music via the internet you have to pay a $1.00 or more
    Whast about $100. a song?
    Or have a kid be arre4sted because he shared a sond with a friend.
    I have no problem paying a resonable price for a product. However when a company holds a monopoly on a product they should atleast be fair with pricing.
    i don’t think we shouldbe charged for each and every step we make
    in life
    and have have to report back to ip addresss every time we use a program. or have cookies dropped on our pc every time we visit a website.
    Tivo and the cable companies keep tabs on every program you watch.
    its all stored in a database.
    Aol and other online services tosses my advertisements at us than the newspaper and we pay for it
    If we are going to be charges in excess by monopolies then big brother has to step in or consumers either look for new alternatives or steal.

    This rental mentality is kind of over doing it a bit

  27. Smith says:

    I always buy another copy of XP when I build a new machine for home (four now). However, I’ve never kept track of which copy goes with which computer. Whenever I needed to reload the OS I just load the latest version. This requires me to call MS to register, but they have never refused to do so.

    Unless this a new policy, i.e. less than 4 months old, I guess I just don’t see the problem.

  28. Dave Drews says:

    For those who think this is a good idea, I have a question. What if I switch motherboards and keep the same processor. Is it a new computer? What if it is the same model motherboard (old one wasn’t defective, just felt like doing it)? What if I keep the same motherboard, but switch processors? What if it is the same model, speed, etc processor?

    If you add enough memory, aren’t you actually changing the way the system works (reduced paging, etc) more than replacing the processor and/or mb? Why isn’t adding RAM creating a new computer?

    The whole idea of this because they can test for changes in hardware. Not wanting to give them ideas or get too far out in left field, but is all this that far away from requiring a new copy of XP when you change too many applications on the computer? MS arbitrarily decided on making the mb/processor the decider on when you have a “new computer” because it has features that can be tested for easily. If they could easily and reliably test for app software and versions (perhaps a reason to write only in MS languages?) and for what programs have been installed and when, MS would say that you need to buy a new license because you switched from using the computer for word processing and email to running only graphic and video processing programs. Not change in hardware, change in usage. Just as arbitrary.

    BTW, when XP came out, I bought a retail copy at Costco the night after it went on sale because I couldn’t take the problems I was having with 98. Couldn’t afford to wait and save on an OEM version as I normally would. And I rarely play games on my computer.

  29. GregAllen says:

    My cool new Shuttle gave-out and the computer was under warranty, which I knew would take weeks to fix.

    So I (temporarily) moved the hard drive to an older computer so I could keep working. This set off XPs licensing scheme which SUPPOSEDLY gave me something like 20 days to register.

    But then I make the mistake of correcting the system clock which completely shut down XP!

    What a miserable headache. I then couldn’t validate the software on-line and had to do it by phone, which is it’s own misery.

    Microsoft let me swap the drive after I defended myself but it was such a headache that I never moved the drive back to the original (now fixed) computer.

    I put Linux on that computer. I like the irony.

  30. Dereth Tang says:

    So i guess Gates is rich not only by VERSIONS. And EULA too.


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