upgrade was only 50 at release and can be installed and reinstalled, how much is oem?
I dont get how its a loophole either, I cant believe that microsoft isnt aware of what is going on and has simply chosen not to do anything about it. By the sounds of the questions their real concern is that you dont run multiple computers from the same license.
Referring back the a best buy example earlier, to me this would be like walking into best buy, asking the manager if you can take things and not pay, him saying yes and you picking some things off the shelf and leaving without paying. If you have permission its not illegal its the old saying of "It cant hurt to ask" , just because some people are afraid to ask for things dosnt make it wrong for the people that do ask.
No upgrade path with OEM
The loophole is that the activation system isn't asking the pertinent question: is this substantially the same computer that the software was tied to? And the definitive item, barring a failure, is generally recognized to be the system's motherboard. This is what we agree on when we OK the EULA for the discounted OEM license. If I agree to that, I have no business asking for reactivation on a new system. What they'd say if I did ask isn't relevant to the agreement I made.
Changing other components may trip the reactivation routine, but is within the envelope of the OEM-license scenario. For example, if you double your RAM, throw in a quad-core processor, and replace your DVD burner with a Blu-Ray unit, that all may add up to a reactivation prompt, since those items contribute to the activation hash. That's kosher.
I understand that it probably seems arbitrary. The motherboard's probably worth less than the stuff I mentioned in the previous paragraph, so why should it be the definitive item? *shrug* But they have to draw the line somewhere, or they're basically giving you Windows for less than half-price with a free ticket to upgrade forever. And you know that's not the intent of an OEM license, that's what retail licenses are for.
OEM licenses are transferrable with the hardware they're tied to, so one solution would be to sell the old motherboard along with the system's case (which the COA should've been stuck onto, as much as I hate that) and the original disc. Then pick up a new license for the new build, and you're good. Definitely a hassle, but compliant with the terms of the license agreement.
I recognize that many peoples' ability to accept this, is seriously clouded by the fact that a new license costs money, even if it's not that much money. But the original question was "Why buy retail Windows?" and the answer is "Because I want to maintain a legit license while upgrading to my heart's content, plus I want to be able to sell the license off by itself someday."
From the Microsoft OEM licensing website FAQ Q&A under the System Builder Licensing section (text copied verbatim from following link):
https://www.microsoft.com/oem/en/licensing/sblicensing/pages/licensing_faq.aspx
Q. Can a PC with an OEM Windows operating system have its motherboard upgraded and keep the same license? What if it was replaced because it was defective?
A. Generally, an end user can upgrade or replace all of the hardware components on a computer—except the motherboard—and still retain the license for the original Microsoft OEM operating system software. If the motherboard is upgraded or replaced for reasons other than a defect, then a new computer has been created. Microsoft OEM operating system software cannot be transferred to the new computer, and the license of new operating system software is required. If the motherboard is replaced because it is defective, you do not need to acquire a new operating system license for the PC as long as the replacement motherboard is the same make/model or the same manufacturer's replacement/equivalent, as defined by the manufacturer's warranty.
The reason for this licensing rule primarily relates to the End User Software License Terms and the support of the software covered by that End User Software License Terms. The End User Software License Terms is a set of usage rights granted to the end user by the PC manufacturer and relates only to rights for that software as installed on that particular PC. The system builder is required to support the software on the original PC. Understanding that end users, over time, upgrade their PCs with different components, Microsoft needed to have one base component "left standing" that would still define the original PC. Since the motherboard contains the CPU and is the "heart and soul" of the PC, when the motherboard is replaced (for reasons other than defect) a new PC is essentially created. The original system builder did not manufacture this new PC, and therefore cannot be expected to support it.
This section of the license agreement establishes that the actual computer is the original motherboard the OEM license is installed on. The last sentence, "The original system builder did not manufacture this new PC, and therefore cannot be expected to support it." would appear to leave a minuscule small loophole for folks who build their own systems.
However, this is closed in the Licensing for Hobbyists section of the license which covers those folks (like us) who build their own machines not intended for resale (text copied verbatim from the following link):
https://www.microsoft.com/oem/en/licensing/sblicensing/Pages/licensing_for_hobbyists.aspx
Licensing for Hobbyists
There is a growing market for "do-it-yourself" home PC hobbyists who assemble PCs from components for their own use. Microsoft retail software licenses are the appropriate licenses for the do-it-yourself market. OEM System Builder software is not intended for this use, unless the PC that is assembled is being resold to another party. ​​​​​​​​​​​​​​​​​​​​​
In short, for licensing purposes a person who builds his own system isn't defined as an original system builder unless you built the system for resale. Thus, in this case, the original computer you build using an OEM Windows license is defined to be the first motherboard upon which Windows is installed. A non-defective replacement of that motherboard with a non-identical replacement is a new computer under the license, no exceptions. Ergo, a new OEM Windows license is required under the license for this new computer.
Morally, and ethically, you can try to justify it any way you want (people tend to be really good at that type of thing when enlightened self-interest is involved, as we have seen even in this thread).
However, the legal license terms are absolutely clear: A non-defective upgrade of a motherboard on an OEM Windows install requires purchase of a new license. Period. No Exceptions.
If MS knows the Mobo has changed, yet continues to Validate, there is no issue here.
If MS knows the Mobo has changed, yet continues to Validate, there is no issue here. They had the choice to Deny/Approve, they made it. End of Legal discussion.
Disclaimer-Not a Lawyer, just using Common Sense.
This is law we are speaking about - common sense has nothing to do with it.
Applying your insane logic, a person who robs a bank obviously isn't guilty of a crime "because that bank teller had the opportunity to deny/approve at the time I handed her that note". That is what you are saying?
No. The simple fact is that that that person who robs a bank made a conscious moral decision to disregard the law and commit an act that was against the law despite knowing the consequences.
I've provided you with the information in writing. You can continue to justify your position all you want, but the simple fact of the matter is moving a OEM license except under one circumstance is stealing something that doesn't belong to you.
Every single criminal justifies his or her crime. It is a fact of our the legal system, and a fact of human existence. Those who break the law are never at fault in what they do, because it is easier to blame somebody else than to exercise even a shred of personal responsibility for ones' actions. In this case, Microsoft is obviously at fault in causing you to steal a Windows license "because they didn't say 'no' to me when I asked" (which, of course, you didn't).
How about next time you call them you actually opt to speak to a live person to activate instead of a glorified answering machine? Explain to the CSR that you have an OEM copy of Windows you and need to reactivate because you have upgraded your motherboard. They will deny your request to do this EVERY time unless you lie or fudge the facts (i.e. "I need to reactivate because I had to replace my motherboard, which died" when it didn't). I guarantee you this is the case, because I've seen it happen before. And, because this will happen, you will never speak to a person and will continue to speak to the automated system (which, BTW, was intended only from keeping Windows from being activated on more than one system simultaneously - even if you get past this system you are still subject to the EULA that you never read) because it is in your self interest to do so.
How about next time you call them you actually opt to speak to a live person to activate instead of a glorified answering machine? Explain to the CSR that you have an OEM copy of Windows you and need to reactivate because you have upgraded your motherboard. They will deny your request to do this EVERY time unless you lie or fudge the facts (i.e. "I need to reactivate because I had to replace my motherboard, which died" when it didn't). I guarantee you this is the case, because I've seen it happen before. And, because this will happen, you will never speak to a person and will continue to speak to the automated system (which, BTW, was intended only from keeping Windows from being activated on more than one system simultaneously - even if you get past this system you are still subject to the EULA that you never read) because it is in your self interest to do so.
Pertinant to you or to microsoft? Microsoft obviously doesnt have a problem with it.
Microsoft would have a problem with it. When you call in on an OEM license and they ask you how many systems that this copy of Windows is installed on they are asking you how many system this copy of windows WAS installed on.
That isn't what they're asking at all. English is a very precise language, and if that's what they meant, that's what they'd say. You can't even chalk it up to a rep freeforming by memory. It's read off of a script.
Yea, I do know, as does anyone else with even a rudimentary grasp of English. It isn't a question of the finer points of phrasing. When someone asks how many computers software is installed on, it means exactly that. There's absolutely no ambiguity in that question. It's a miles long stretch to even try reading more into it. If they meant what you said, the question would be "is this the original computer this copy of Windows was installed on?", and depending on the answer, it'll get drilled down farther, activated, or denied.