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Subject:
From:
Richard Glazier <[log in to unmask]>
Reply To:
PCBUILD - Personal Computer Hardware discussion List <[log in to unmask]>
Date:
Sat, 30 Apr 2005 23:32:36 -0400
Content-Type:
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Two answers:   (I'm an OEM, System Builder, and had researched
this previously, in great depth...)

#1 If Compaq uses BIOS locked keys, the likely answer is NO...
This would be a "large OEM" version, and is enforced at a very low
level in the hardware... Note that I do NOT know IF Compaq does
this, but I have seen them encrypt the install files, and ONLY their
install program will allow an install after "something" gives the proper
"OK".   (Breaking encryption is a violation of US Law.)...

#2 Legally, no...  But, If you replaced the MB in the old machine with
the same kind, and it had NO new features, THAT would qualify you
to continue to use THAT OEM version again. (MS would not consider
that a new computer.)

MS considers the MB in an OEM computer to be the "life and sole"
of the machine, and if it fails under warranty, the license lives on ONLY
with a warranty replacement MB of the same type.
If you take "any" MB out of an OEM machine and put one in with
"better features" MS considers it a new OEM machine, and a new OEM
machine requires a new license.  (New license can be any type...)
If you take the OEM license out of the "entire" old machine the replacement
machine will DEFINITELY be a new machine for OEM definition purposes...

OEM licenses are not as well "defined" to the general public as the standard
licenses and are generally misunderstood... There are special rules that make
them cheaper for the OEMs...  These rules come at a cost to your eventual
rights to the use software...

One "other" (less important) reason they use to support this position is that
the OEM is required to support the machine. If the customer, (or someone else)
replaces the MB with a different type, the MS position is that the OEM should
NOT be required to support something they did not provide. I can see why
that is reasonable... (Note that this support is NOT required to be free...
BUT it must be offered in good faith...)
Anyone questioning this, please refer to the MS OEM site for particulars...
(Registration, Membership, and Password required.)
They had a great WEB seminar last Feb'05 about this (archived for viewing).

Note that if this was an FPP license (full product package),
there would have been NO problem transferring the "dead" license
from the old (dead) machine to ANY (one) new machine...
(FPP licenses qualify for transferring.)

Having said all that, call them and ask. It can't hurt to ask. I have heard of
them cutting people a break sometimes.
(Maybe they won't understand the question and give you a "new key" by mistake...)

Disclaimer: Remember all of the above applies ONLY to OEM versions and
ONLY to the OS.  All other OS versions have _very_ different rules...

PS: (Don't shoot the messenger.)

                                                     Rick Glazier


From: "Betti Ann & Preston Smith"
>I have a Compaq Presario 1277 laptop with the manufacturer's restore
> disks.  The laptop is now dead and I would like to install the OEM
> version W98SE from the restore disks on another computer.
>
> Can this be done?

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