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Subject:
From:
Bruce Lund <[log in to unmask]>
Reply To:
Personal Computer Hardware discussion List <[log in to unmask]>
Date:
Sat, 23 Apr 2011 23:02:48 -0700
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Well, that's bull****! Not that you wrote it. But that those greedy folks at Microsoft make this so difficult (and expensive.) But there is some very good news which I share below and I actually have you to thank for it.

>>>Microsoft licensing is very technical and has even changed throughout the life of Windows XP. . . OEM software is tied to the original computer, and specifically the motherboard.  I'm guessing since you have an eMachines,it came with that machine and is an OEM version.

Your guess is correct. Although after digging to find the EULA on the installation disk, it says nothing about a mother board. It does say "You may install, use, access, display and run one
copy of the SOFTWARE on the COMPUTER."

Earlier it said "The term "COMPUTER" as used herein shall mean the HARDWARE,
if the HARDWARE is a single computer system, or shall mean the computer system with which
the HARDWARE operates, if the HARDWARE is a computer system component." Again, no mention of mother board.

It does mention processor, but only to say "The SOFTWARE may not be used by more than two
(2) processors at any one time on the COMPUTER, unless a higher number is
indicated on the COA." So, not only does it not limit the license to the original processor, it even allows use on 2 processors.

>>>The "outfit" that changed your motherboard, did activate the license or else you wouldn't have been able to run a year.  When you did the system restore, it was to a time before the activation.  So, activation is up to you.  The company that did the work tried to do you a favor by loading a bulk license and not requiring you buy a new copy of Windows.  While less than legal in Microsoft's licensing, it works until an owner tries to reactivate the newer copy.

You got that one right.

>>>eMachines sold you a computer 5 years ago and a license that "clearly" states you don't own your copy of Windows, Microsoft does.  If there are significant changes to the computer (like changing the motherboard) then you may have to obtain a new copy of Windows.

Well, not so clear. Although even if it clearly states that, that does not speak well for Microsoft. Not that they care. Such is the power of monopoly.

>>>Who's at fault?  Microsoft for having such a convulted licensing scheme? eMachines for not standing behind their warranty 3 years after it expired and another company making significant changes to your computer?  The other company for not notifying you what could happen to your license?  You, as the owner, for not reading and understanding all the licensing materials that came with your computer?  Of course, the agreement is generally included on a CD, inside a sleeve with the warning that if you open the sleeve you agree to the contract which is inside the sleeve (see Microsoft again).

Or, inside the box, as the case may be. Yeah, as just a regular layman, Microsoft is not only being greedy, but intentionally opaque, both in their EULA and the inability to actually speak to somebody who might be empowered to do anything. As for eMachines, I would hope they would have provided me a decent contact at Microsoft. Or perhaps, they and other manufacturers could push back on the licensing to prevent these kinds of issues since the individual user is totally powerless on this.

>>>Had the company that changed your motherboard complied strictly by laws and
licensing, the cost to you would have been . . . at $370 with an undetermined labor charge, probably $50.  (for loading XP.)

Actually, even taking out the cost of the new license, they charged me a lot less than that, which makes me feel a little better about them, even if the system continued to have (new) problems after they did the work.

>>>I'm just expressing my opinion.  In a case like this it is very difficult to assign blame for a problem.  Sorry for the length of this post, but the whole topic is not easily understood with less information.
Ron Jobe

Believe it or not, you actually solved the problem for me. You had mentioned that the folks who replaced my motherboard had likely used a bulk license different than the original, a number that I had also been using because it was the one listed on my pre-crash Belarc Adviser report.. And reading the license, it said there should be a license number on the computer itself. Well, just for the heck of it, I entered that number into the activation screen. It did not work there. But when I tried a phone activation, it worked. So, apparently I am now official, at least until the next system crash.

So, not only did your post provide enlightenment as to the shady ways of Microsoft, it also inadvertently provided the key to solving my issue, forgive the pun.

Now the interesting part of this is how I managed to get "authenticated" even with the new motherboard. (And why the outfit that replaced the motherboard did not attempt the same.)

Thanks to all who have assisted me on this restore issue. I still have a few bugs to work out, but the biggest ones have been resolved thanks to this list and PCSoft.

Bruce


--- On Sat, 4/23/11, Ron Jobe <[log in to unmask]> wrote:

From: Ron Jobe <[log in to unmask]>
Subject: Re: [PCBUILD] Who should reactivate my Windows license?
To: [log in to unmask]
Date: Saturday, April 23, 2011, 8:01 AM

You've just opened a great big can of worms.  Everyone points fingers to
everyone else.  Microsoft licensing is very technical and has even changed
throughout the life of Windows XP.  Licensing depends on how you obtained
your copy of Windows.  Full retail copies can be moved from machine to
machine, with some limits.  OEM software is tied to the original computer,
and specifically the motherboard.  I'm guessing since you have an eMachines,
it came with that machine and is an OEM version.

The "outfit" that changed your motherboard, did activate the license or else
you wouldn't have been able to run a year.  When you did the system restore,
it was to a time before the activation.  So, activation is up to you.  The
company that did the work tried to do you a favor by loading a bulk license
and not requiring you buy a new copy of Windows.  While less than legal in
Microsoft's licensing, it works until an owner tries to reactivate the newer
copy.

eMachines sold you a computer 5 years ago and a license that "clearly"
states you don't own your copy of Windows, Microsoft does.  If there are
significant changes to the computer (like changing the motherboard) then you
may have to obtain a new copy of Windows.

Who's at fault?  Microsoft for having such a convulted licensing scheme?
eMachines for not standing behind their warranty 3 years after it expired
and another company making significant changes to your computer?  The other
company for not notifying you what could happen to your license?  You, as
the owner, for not reading and understanding all the licensing materials
that came with your computer?  Of course, the agreement is generally
included on a CD, inside a sleeve with the warning that if you open the
sleeve you agree to the contract which is inside the sleeve (see Microsoft
again).  These are the reasons I won't change a motherboard in an older, XP
based computer.

Had the company that changed your motherboard complied strictly by laws and
licensing, the cost to you would have been about the same as replacing your
computer completely.  I've not looked up your model, but here's an
approximate charge to you for a full, legal replacement:
$120 motherboard
$100 labor to install the motherboard
$150 Windows 7 Pro with downgrade rights
$ ??  labor to load Windows XP pro from a disk I had to pay for and keep
sitting around.
We're at $370 with an undetermined labor charge, probably $50.  The cost has
now exceeded the value of your computer.  The value of the information on
your computer (documents, pictures, email, contacts, etc) is worth more than
the hardware and software.

I'm just expressing my opinion.  In a case like this it is very difficult to
assign blame for a problem.  Sorry for the length of this post, but the
whole topic is not easily understood with less information.
Ron Jobe


On Fri, Apr 22, 2011 at 5:55 AM, Bruce Lund <[log in to unmask]> wrote:

> OK, for those that have been watching, I just did an XP Home restore on my
> eMachines D2880.
> Computer was purchased new over 5 years ago.I paid to have a new mother
> board installed about a year ago.I did a system restore last week 

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