component change in Win 7

[Benbow]

I have a 3 year old Asus motherboard in my pc and have win 7 oem installed (my own build). If I fitted a new motherboard would this invalidate my 64bit windows 7 oem disc? Or if I changed the graphics card would that affect the licence. Are there any specifics here?

 

[TorrentG]

New motherboard necessitates clean install of Windows. That's a technical must, although not impossible to get the old install to work. Can't stress enough how much a clean install should be done.

I'll leave the rest of the questions up to Digerati, as he is great with this stuff. Graphics card change will not affect anything.

 

[draceena]

OEM usually means you cannot change anything in the computer (other than maybe small things like adding extra USB slots via a PCI card). A new Motherboard, I'm pretty sure, would invalidate the OEM licence

 

[Mychael]

I cant say if M/S are more picky about Win7 but all my XP's have been OEM and I've just contacted M/S to re-validate if I've had to change the MoBo over.
When you think of it your still a single user, useing one purchased copy of the OS on one computer. If M/S were so mean as to force you to buy another copy just because you were unlucky enough to suffer a hardware failure then I'd have tossed M/S years ago.

I've added and removed HDD drives without issue.

 

[Nibiru2012]

I cant say if M/S are more picky about Win7 but all my XP's have been OEM and I've just contacted M/S to re-validate if I've had to change the MoBo over.
When you think of it your still a single user, useing one purchased copy of the OS on one computer. If M/S were so mean as to force you to buy another copy just because you were unlucky enough to suffer a hardware failure then I'd have tossed M/S years ago.

I've added and removed HDD drives without issue.

I totally agree with Mychael on this one! :beer: Go ahead and update with a new motherboard, you'll just have to call MS Tech Support to type in a Validation Code.
Also have the latest drivers for your new motherboard too.

I have done the exact same thing in the past with Windows XP OEM and MS Tech Support never, ever had an issue with what I was doing by changing a motherboard. Also as Mychael stated, when you change a hard drive in XP OEM this is no issue at all.

 

[Digerati]

Yes! It invalidates your license. A new motherboard is considered a new computer and therefore requires a new license. You can replace anything else (case, CPU, PSU, graphics card, HDs), but not the motherboard. It is not called "mother" or "main" board for nothing.

Note this only applies to OEM (System Builder) and Upgrade licenses. Retail licenses can be transfered to another computer, but only if all previous installations have been removed.

The only exception to this is if the original motherboard failed and you are replacing it as part of a repair action with an identical motherboard (or a suitable substitute as recommended by the original motherboard maker if original board is out of production).

Understand that just because you can get away with it does not make it right. Microsoft may allow it, but according to the EULA you agreed to when you initially installed that OEM license, that license is tied to the "original" hardware, and Microsoft has every right not to allow it. That is why they provide you a choice and sell Retail as well as OEM versions.

I would caution others about offering advice that violates copyright laws.

 

[Mychael]

I cant offer all the in and outs of legal wording but it seems to me that if I've asked M/S themselves and lets face it it's their product and they say 'ok' well it seems to me that's their call.

 

[Digerati]

The guy on the end is just a customer service guy. It's like calling Dell for tech support. He does not speak for the company. Certainly, it does no harm in calling, but understand that the warranty conditions are right there in black and white. It's basically like trying to talk a cop out of a speeding ticket. This assumes are you being honest when talking to Microsoft and you are telling them the truth - that is, that you are upgrading your system with a new, more advanced motherboard.

Again, you (by you, I mean anyone reading) had the choice of which type of license you wanted when you purchased it. If you wanted a transferable license, then you should have bought a "full retail" license. But if you bought a limited (OEM) license, then you need to live with the limitations.

 

[Mychael]

A customer service guy, presumably employed by M/S same as an Apple store member employed by Apple. So with some leeway I assume but still basically following M/S policy.So if they're happy I'm happy.
We could argue semantics over what constitutes a 'computer' but I've never seen anyone being able to do work with just a MoBo, it's just a component that goes with other things to make up a computer. It would be a bit like saying your car is the engine, I've never seen anyone drive an engine to work.
So if my Mobo were to fail on the computer to which I have my OEM software installed I would expect to be able to replace that component to keep the computer running with it's existing software without issue.

 

[Digerati]

So if my Mobo were to fail on the computer to which I have my OEM software installed I would expect to be able to replace that component to keep the computer running with it's existing software without issue.

Now you are changing the parameters of this discussion. Please stay on track to avoid confusion.

Also, please follow what has already been said. I said clearly above, you are allowed to use the same license when replacing a failed motherboard as part of a repair action. This discussion is about upgrading with a new motherboard. That is a totally different scenario from replacing a broken motherboard.

Note a motherboard upgrade could easily require a different CPU (because of a different socket), different RAM, replacing the IDE drives with SATA, and replacing an AGP graphics card with a PCIe. Then all that would probably require a new PSU to run it. In other words, an upgrade could mean replacing everything but the case. So the line must be drawn somewhere and the most logical place is with the motherboard because everything attaches to and runs off it.

So I say again, if you are upgrading your motherboard, you are building a new computer and you need a new license. Period.

And note semantics has nothing to do with it. Read your EULAs. It will say something along the lines of "original equipment" or, as in the case with Win7 Professional System Builders license, it says,

The software license is permanently assigned to the computer with which the software is distributed. That computer is the “licensed computer.”

Note Microsoft KB Article KB824125 near the bottom under More Information where it says,

Users who run a Microsoft Original Equipment Manufacturer (OEM) operating system may upgrade or replace most of the hardware components on the computer and still maintain the license for the original Microsoft OEM operating system software provided by the OEM, with the exception of an upgrade or a replacement of the motherboard. An upgrade or a replacement of the motherboard is considered to create a new personal computer. Therefore, 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 is created, and a new operating system license is required. If the motherboard is replaced because of a defect, the user does not need to acquire a new operating system license for the computer. The motherboard replacement must be the same make and model, or the same manufacturer’s replacement or equivalent, as defined by that manufacturer’s warranty.

Note this is not just a Microsoft policy, but an industry-wide policy. If you received a game or Norton IS with your computer or motherboard, you cannot transfer those either.

***

Now if you don't like the policy, please don't complain to me - I am just the messenger. But I would suggest you not promote violating EULAs when giving advice or you may risk more than site banishment for promoting software piracy.

 

[Mychael]

Now you are changing the parameters of this discussion. Please stay on track to avoid confusion.
Now if you don't like the policy, please don't complain to me - I am just the messenger. But I would suggest you not promote violating EULAs when giving advice or you may risk more than site banishment for promoting software piracy.

A/ I was not "complaining to you", I was discussing a point on this computer forum.
Where exactly was I saying it's your fault.?
B/ I may have been in error by assuming the OP wanted to upgrade due to hardware failure my bad.
C/ The OP asked for opinions/expereinces, I just related mine, that's free speech.
D/ I did not tell the OP what to do that they can ask more questions, get more information then make up their own mind.
E/ I've been on this forum for some time now and I believe have acted as a polite and helpfull contributor so unless your one of the administrators please refrain from "suggesting" site banisment to me. If the admins have issue with my post they will contact me directly.

Ps. It may be the EULA wording but I'd be interested to hear others opinions as to how one component can be seen as to constitute being a new computer.

 

[Digerati]

I was not saying, nor did I mean to imply you were anything but polite. And I certainly respect your right to express your opinion. But my point was, and is that our opinions have nothing to do with this. The EULA is the way it is. And we as consumers agree to abide by them when we decide to use the software. That's the law. If we don't want to abide by them, we should not use them. And I note, that is the way it has always been, even though it was rarely enforced. But times have changed. It is common knowledge that illegal use of software is a primary source of malware and while this practice of reusing OEM licenses within the same household may not be a major source of malware, the software industry as a whole is cracking down on license violations as a whole.

As for banishment, I was not suggesting you be banned, I was offering a caution because I would not want you to be banned for this very common misunderstanding about OEM software. But note I said you risk "more than site banishment". And by that, I mean if someone promotes illegal activity (and copyright infringement is illegal), there may be consequences, but also, if the venue (this site) allows the promoting of copyright infringement, there may be consequences for it too. That is one reason most sites, including this one, have Rules against posting messages that are "violative of any laws".

As far as complaining, I am just say that I am the messenger. It does no good to debate the issue (with opinions - not facts) with me when the EULA and Microsoft are clear. They (and actually the computer industry) draw the line at the motherboard (which is not just "one" arbitrary component, BTW - but many devices on one "main" board), and it is they that require a new license when you "UPGRADE" the motherboard.

I may have been in error by assuming the OP wanted to upgrade due to hardware failure my bad.

I think he was clear this is just an "elective" upgrade. But therein lies the problem. Most people, myself included, think in the event the motherboard dies, "Well, if I have to replace the motherboard anyway so I might as well upgrade my system in the process." BUT, as I clearly noted above, the license is only transferable if replacing the motherboard with a like motherboard - not an upgrade.

Again, if there were no choices when buying licenses, that would be different. But as consumers, we have a choice. If we want a transferable license, we need to buy full retail licenses. If we want to save some money now, and worry about a new license later, we buy OEM. There is no third choice - not legal anyway. Well, except for free alternatives such a Linux.

I did not tell the OP what to do

No you didn't, but other's did. So my posts were for all reading, now and in the future, not just you.

So once again, if you have an OEM license, when upgrading the motherboard because you want to, you need a new license. When replacing the motherboard as part of a repair action because the old one failed, you don't. draceena is right.

 

[Kalario]

But I would suggest you not promote violating EULAs when giving advice or you may risk more than site banishment for promoting software piracy.

That's where you lost me.

 

[Digerati]

Well, to take it to the extreme for illustrative purposes only - If Joe Blow is a consultant at a financial consulting firm, and John Q. Public comes there to get advice on making some money, I think there may be consequences if Joe tells John it is okay to go rob a bank, even if Joe is a volunteer consultant. And if the firm knows Joe is telling clients that, and condones, or worse yet, supports it, then I think there will be consequences for the firm too.

In the case of forums, forum owners cannot be held liable for what posters say, but they can be held liable if they facilitate illegal activity knowingly and allow it to continue. I note some popular P2P sites who have turned a blind eye to illegal filesharing are now getting slammed - such as Napster, Kazaa, and just a couple days ago, Limewire.

So is telling someone it is okay to illegally use a Windows license illegal? No. But is it right?

It is my opinion that our "jobs" here as advisors on sites like Windows 7 Forums is to inform and advise posters how to do things the right way. And by right, I mean safe, secure, and legal.

 

[TorrentG]

I definitely agree that as technical leaders per-se on a forum like this, we carry a general responsibility to direct people well as Digerati says: safe, secure and legal.

Other than that, I do not feel it necessary to act or behave as someone working to lessen piracy. I'm not being paid for that and I wouldn't accept pay for it either, unless it was extraordinarily above what one would usually deem fair compensation.

Good points made by all.

 

[TrainableMan]

I would bet money Mychael wasn't aware that upgrading the MB would make the computer a new machine as far as Microsoft was concerned so I do not believe he was suggesting it with malicious intent; I think it's good that Digerati set the record straight because I do believe the goal of the forum is to share ideas and ultimately provide the best advice we can. I can say that I, and I would think most, users just accept EULAs without more than skimming them so I also wasn't aware of the implications of changing the MB; so thank you for teaching me something new Digerati.

It is, I suppose, one more small reason to buy the non-oem license, because it can be transferred to a new computer legally.

 

[Core]

I can say that I, and I would think most, users just accept EULAs without more than skimming them so I also wasn't aware of the implications of changing the MB; so thank you for teaching me something new Digerati.

I can't say I read them either. I really just don't care. And frankly, if a motherboard on my PC dies, if it isn't under warranty it's getting replaced with an upgrade, and I would under no circumstances buy a new license for the same damn OS just because I had to replace a system component.

 

[Digerati]

I would bet money Mychael wasn't aware that upgrading the MB would make the computer a new machine as far as Microsoft was concerned so I do not believe he was suggesting it with malicious intent; I

Most people don't - in fact, most people think since they paid for the disk, they should be able to use it anyway they want. But the fact is, they did not pay for the disk, they paid for a license to use the software - the media (disk) is just there for convenience. And I am sure no malicious intent was intended either. But now we know the facts. And as I said earlier, it is not just Microsoft. All software is licensed to be used on a specific number of computers - often just one, and often not transferable.

It is, I suppose, one more small reason to buy the non-oem license, because it can be transferred to a new computer legally.

Well, years ago, one reason you bought retail was so you would get the books with it - and perhaps tech support too. Stuff used to come in fancy retail boxes, or plain "white" or generic OEM boxes (or bubble wrap). But now, all documentation is on-line and typically more current.

Most people also don't know if you use a 3rd party cooler on a retail AMD or Intel CPU that comes with a supplied cooler you void the warranty! Or if you use a overclocking utility that comes with your brand new ASUS or Gigabyte motherboard and you fry the CPU or melt the socket that neither the board maker or the CPU maker will cover damages! It is really important to read those EULAs because most say if you use the product, you just agreed to the conditions of the EULA.

It is better than the old days when the EULA was inside the sealed box and the EULA said if you broke the seal to open the box, you just agreed to the EULA. The courts have allowed those "shrink wrap" EULAs, but now, as I said earlier, it is dependent upon if you use or install the software, then you agree to the EULA. But good luck getting your money back if you break the seal!

so thank you for teaching me something new Digerati.

Well, I've been working with computers for nearly 40 years and if there is one thing I have learned it is that there is always MUCH more to learn. The world of IT is HUGE with worlds within worlds of different, new and ever evolving but related fields. That's the beauty of "working" these forums - we are exposed to new stuff all the time. It's an ever-learning experience.

 

[Digerati]

and I would under no circumstances buy a new license for the same damn OS just because I had to replace a system component.

Well, that's your decision. But understand that is also stealing if your original license is an OEM and you are upgrading as opposed to replacing with a like item as part of a repair action. That's not my opinion, that's just the law.

 

[Core]

Well, that's your decision. But understand that is also stealing if your original license is an OEM and you are upgrading as opposed to replacing with a like item as part of a repair action. That's not my opinion, that's just the law.

No, I understand that. I just don't care; I've paid for it once, that's enough.