Confused wrote:
> I was told by Microsoft ....
Who, specifically, at Microsoft told you this? It's a rather large
company, and not all of its employees are attorneys specializing in
contract law.
> ....that I was unable to change neither my hard drive nor
> my motherboard (for upgrade purposes) but they were only able to provide
> supporting documentation regarding the motherboard... Is it true that I
> cannot change my hard drive? If so does anyone know of any supporting
> documentation on a Microsoft website? They claim this is making a new
> computer...
According to its End User License Agreement (EULA), an OEM license
may not be transferred from one distinct PC to another PC. Nothing is
said about prohibiting one from repairing or upgrading the PC on which
an OEM license is installed.
Some people mistakenly believe that the motherboard is the key
component that defines the "original computer," but the OEM EULA does
not make any such distinction. Others have said (tongue in cheek) that
one could successfully argue that it's the PC's case that is the
deciding component, as that is where one is instructed to affix the OEM
CoA label w/Product Key. Again, the EULA does *not* specifically define
any single component as the computer. Licensed Microsoft Systems
Builders, who are allowed to distribute OEM licenses with computers they
build and sell, are _contractually_ obligated to "define" the computer
as the motherboard, but this limitation/definition can't be applied to
the end user until the EULA is re-written.
As you well know, Microsoft has, to date, been very careful _not_
to *publicly* define when an incrementally upgraded computer ceases to
be the original computer. The closest I've ever seen a Microsoft
employee come to this definition (in a public forum) is to tell the
person making the inquiry to consult the PC's manufacturer. As the OEM
license's support is solely the responsibility of said manufacturer,
they should determine what sort of hardware changes to allow before the
warranty and support agreements are voided. To paraphrase: An
incrementally upgraded computer ceases to be the original computer, as
pertains to the OEM EULA, only when the *OEM* says it's a different
computer. If you've built the system yourself, and used a generic OEM
CD, then _you_ are the "OEM," and _you_ get to decide when you'll no
longer support your product.
--
Bruce Chambers
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