Vista Licensing Caveat

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noel
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Vista Licensing Caveat

Post by noel »

Important info:

Though MS relaxed their restriction for the FPP (Full packaged product) version of Vista's license to allow you to move it from one PC to another (i.e. upgrade your PC), this is NOT the case for their OEM version of the software. The OEM version is 'tied' to a single PC.

http://download.microsoft.com/download/ ... s_reqs.doc
(from 1-23-2007)
Reassignment of a Windows License

The FPP license for the Windows desktop PC operating system may be reassigned to another device. However, the software deployed under that license must be uninstalled and completely removed before the license is reassigned to another device.

The OEM license for the Windows operating system for desktop PCs is “tied” to the device on which it is preinstalled. Accordingly, customers may not reassign it to a different device.


Transfer of a Windows License

The FPP license for the Windows desktop PC operating system may be transferred once to a third party. However, the software must be uninstalled and completely removed from the licensed device when the license is transferred without that device.

The OEM license for the Windows desktop PC operating system is “tied” to the device on which software is first installed. Accordingly, customers may not transfer the OEM license to a third party without that device. As long as the license and device remain together, there is no limit to the number of times they may be transferred.
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Post by Sylvus »

What constitutes a "device" in this case?

Seems kind of silly that if you were to do an upgrade (e.g. buy a new computer) that you couldn't take it off of the old one and put it on the new one. What if you just upgraded your cpu or motherboard? What if you transferred the existing cpu/motherboard to a different case? Am I talking crazy-talk?

As long as the license is used by one user on one device, they should be able to change that to whichever device they like.
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Post by noel »

Well, remember, it's only the OEM version, so it will really only affect people who buy like a Dell or something. I agree it's still idiotic though.

The main reason I brought it up was because I was pricing Vista on newegg today (I'll probably still get the download version from the Windows marketplace), and I noticed all they had was the OEM version. I looked into it, found the above and figured I'd try to save anyone from buying the less expensive ($199 USD) OEM version.
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Post by Boogahz »

Did they define what a "device" was though? If it's just the drive itself, I could just move the Raptor it would be on. If it is the entire computer, what upgrades would be allowed before it had to be repurchased?
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Post by Zaelath »

It's very similar to the current activation shite we have now, in that the HD being moved to a completely different computer would break it, and in fact changing the video card and a stick of RAM likely would as well.

It's also similar in that you'll just be forced to ring Bangalore and assure them your <insert> blew up and had to be replaced, so yes, it's the same machine.

/shrug, I think I'll be "caught" by the OEM pricing sometime in 2010 when I'm basically forced to install this shite.
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Post by Boogahz »

If it is the same as it is now with the XP Pro OEM version, I don't see myself having many problems with the Vista OEM version. I picked up OEM XP Pro's a couple years ago when Newegg had them for around 50.00, and I have rebuilt one of the computers twice. One time was a completely fresh install, and I have never had problems with it not reactivating by itself.
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Post by noel »

Maybe it's because I've upgraded more than you, but I've had to call Chennai/Bangalore/New Dehli at least twice for activation.

Interestingly my latest XP install didn't require that I call in, probably because they don't care about XP anymore.
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Post by Zaelath »

noel wrote:Maybe it's because I've upgraded more than you, but I've had to call Chennai/Bangalore/New Dehli at least twice for activation.

Interestingly my latest XP install didn't require that I call in, probably because they don't care about XP anymore.
There's quite the queer algorithm it would seem.. we had to call one in last night and I doubt the machine has been reinstalled ever, though it is a Dell so that likely means some extra faff is required.

TBH, I don't think they care when you ring in, I've never had one rejected (and I did 20 in a row one night after reimaging an entire office), they just want to slow you down enough that it becomes too much trouble for "the pirates".
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Post by masteen »

I've been very flexible in my interpretation of "device." My current device is the CD wallet that I keep all my productive software in. I even affixed the sticker and everything!

I figured out it was bullshit back when I had finally upgraded my old Gateway to the point where only the CD, floppy, and case were original parts. Case had that authentic sticker though!
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Post by Ebumar »

On my work laptop I can only install my copy of vista there. If I install it anywhere else, it makes the whole copy invalid. We had to fire a technician because he did it. Violates our MSDN gold status.
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Post by Animalor »

Isn't MSDN copies 10 activations of any product(regardless of hardware) and then you havta request another key?
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Post by Ebumar »

Not ours. Some stupid special deal thats really annoying thats causing way more problems than its actually helping. Having to use the right lisc with the right pc is FREAKING ANNOYING. Why cant we just install with a site lisc like we could with xp >_<.
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Post by noel »

From the 'You've got to be fucking kidding me' files:

http://arstechnica.com/news.ars/post/20070128-8717.html
"Ars Technica is reporting that upgrade versions of Windows Vista Home Basic, Premium, and Starter Edition cannot be installed on a PC unless Windows XP or Windows 2000 is already installed. This is a change from previous versions of Windows, which only required a valid license key. This change has the potential to make disaster recovery very tedious. The article says: 'For its part, Microsoft seems to be confident that the Vista repair process should be sufficient to solve any problems with the OS, since otherwise the only option for disaster recovery in the absence of backups would be to wipe a machine, install XP, and then upgrade to Vista. This will certainly make disaster recovery a more irritating experience.'"
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Post by Voronwë »

potentially another reason to upsell people to Ultimate.

Doesn't it have enhanced recovery functionality?
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Post by noel »

I was thinking about this, and if this is the way they *must* go, I can probably live with it provided that when I want to install a PC with an upgrade only Vista License, I have the option to wipe the existing info from the drive during the install.

I don't mind installing XP and then wiping during the Vista install. Still I think this is idiotic though.
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Post by noel »

OEM License explained:
Ars Technica wrote:Buying OEM versions of Windows Vista: the facts

1/30/2007 9:39:14 AM, by Ken Fisher

Today Vista launches. I've received a number of e-mails from readers looking for more information on the black arts of the OEM edition, so here it is: my brief introduction to everything you need to know before going OEM.
What is OEM?

OEM stands for Original Equipment Manufacturer, and most often refers to the likes of Dell or Gateway. At least originally, "OEM versions" of products were usually the same products that you'd find at retail, but with no-frills packaging, reduced support, and sometimes lesser warranties.

When it comes to Windows, "OEM editions" most often refer to the cheaper versions of Windows made available to "system builders" and other classes of Microsoft partners. You can buy OEM versions of Windows online almost any place that sells software, such as NewEgg. Companies keep compliant with Microsoft's rules by bundling OEM versions with a token piece of hardware, like a cable. Here's a glimpse of current OEM pricing:

* Vista Home Basic $99 (full version retail: $199)
* Vista Home Premium: $119 (full version retail: $239)
* Vista Business: $149 (full version retail: $299)
* Vista Ultimate $199 (full version retail: $399)

As a general rule, OEM software is usually much cheaper than full retail copies, but only slightly cheaper than retail upgrades. Vista upgrade pricing, plus a word or three on the limitations of the upgrade versions, can be found here.
Can I buy OEM?

Yes, you can. Microsoft licenses OEM software to "system builders," which the license defines as "an original equipment manufacturer, or an assembler, reassembler, or installer of software on computer systems" (emphasis added). You can install software on computers, right?

When asked, Microsoft says that OEM software is not intended to be installed by end users. Off the record, Microsoft spokespeople have told me that the big concern in Redmond is for Joe Newbie. They don't want inexperienced users buying OEM software, but the fact of the matter is that anyone can buy OEM versions of Windows.

Truth be told, Microsoft is not opposed to the practice. Rather, the company says that people who purchase OEM software will simply be expected to abide by the terms of the licensing agreements.
What's missing from the OEM version?

When you buy OEM, you need to understand what you're getting.

OEM editions of Windows don't come in pretty boxes, nor do they include manuals. Of course, a real "manual" has never shipped with Windows, and chances are, if you're interested in OEM software, you don't need what passes for a manual these days, anyway. And the pretty box... well, that's not really worth much anyway, is it? Rest assured, though: the software on the disc is the same as that found in any retail edition.

There are some gotchas, though. OEM software cannot be returned once opened. There are no exceptions. You open it, you've bought it.

OEM software is also tied to the motherboard it is first installed on. Unlike the retail versions of Windows which can be transferred to a new computer, OEM versions are not transferable. What about upgrading hardware? Microsoft says that anything is fair game, except the motherboard. Replacing the motherboard in a computer results in a "new personal computer," which the company considers to be synonymous with a transfer. It's not permitted with an OEM edition of Windows.

Nevertheless, I've known users who got around this limitation by calling Microsoft and reporting that their motherboards died when they wanted to build a new computer. It is Microsoft's policy to allow motherboard swaps in instances where a system is defective or has suffered a hardware failure. But you shouldn't bank on this approach; there's no guarantee it will work and, well, liars don't get ice cream. The end result is that OEM versions may not be that attractive to users who frequently build new computers from the ground up.

Then there's support. Technically, OEM versions of Windows get first-tier support from the system builders who put the OEM software on your machine. In the case of Mom & Pop Computers, that means M&P is your first support hit. In the case of you buying OEM software for yourself, technically this means that you're your own support. What does this really mean? Retail Vista comes with 90 days of free support. OEM edition users don't get that, but paid support is still an option, should you need it.
The sum difference

Should you consider OEM software? I've outlined the issues, now it's up to you. Just keep in mind one thing: Microsoft has shown renewed interest in enforcing the terms of its licenses, and the technology that helps the company do so is getting more pervasive, and smarter.
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Post by Boogahz »

noel wrote:From the 'You've got to be fucking kidding me' files:

http://arstechnica.com/news.ars/post/20070128-8717.html
"Ars Technica is reporting that upgrade versions of Windows Vista Home Basic, Premium, and Starter Edition cannot be installed on a PC unless Windows XP or Windows 2000 is already installed. This is a change from previous versions of Windows, which only required a valid license key. This change has the potential to make disaster recovery very tedious. The article says: 'For its part, Microsoft seems to be confident that the Vista repair process should be sufficient to solve any problems with the OS, since otherwise the only option for disaster recovery in the absence of backups would be to wipe a machine, install XP, and then upgrade to Vista. This will certainly make disaster recovery a more irritating experience.'"
I am wondering how this will work for upgrades that require a clean install, such as going from WinXP Pro to Vista Home Premium.
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Post by Ebumar »

It prompts to format the disc on install, but you need the base drivers from xp/2k for the install to work. I don't like how they did vista. Takes like 3 - 4 hours to do a reinstall for vista, instead of the 1:20 i average with most machines.
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