Vista OEM license loophole?

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damonposey

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Ok so MS has a provision for 'defective' motherboards in the OEM license agreement, so if your motherboard is defective, you can reactivate on a new motherboard and still be within legal bounds.

Well the definition of defective is: "falling below the norm in structure or in mental or physical function "

so....Couldn't you just take a sledghammer to your old motherboard, call up MS, say your motherboard is defective, and get reactivated and still be a law-abiding user?

I only want to buy an OEM copy of vista if I know this legal loophole will work and I can be 100% legal after installing a new motherboard, because hey, I have a conscience :p
 
probably hardforum probably isnt the best place for this discussion. The OEM concept was not designed for the DIY user / upgrader
 
What they actually mean with that clause is an equivalent motherboard, not an entirely different one. They do have the rights to say basically "if the machine is destroyed, then the license is no longer valid" approach. In my experience as a tech they let it slide a few times but there have been a few where they refused to activate because it had be ran on so many machines.
 
It's a 'grey area' rather than a policy set in concrete. The provision for activation after the replacement of a defective motherboard is in place for the situation where a hardware failure is suffered in a system assembled by an OEM systems assembler, and that defective component is replaced by an identical motherboard or by an alternative motherboard which has been deemed to be the appropriate replacement by the OEM assembler.

The situation becomes a 'grey area' because MS is now sanctioning the situation in which the owner/user is also the system assembler. Owner-builders can now legitimately purchase OEM Windows as a standalone product. But the license/activation provision is NOT intended to apply to situations where a motherboard is upgraded rather than replaced because it is defective, so interpretation becomes difficult.

No matter what, if you upgrade the mobo and then con the call centre into activating it, legally you have revoked your license.
 
my OEM copy of XP has been activated over a dozen times on over a dozen different hardware configs. After the second time I started having to call in, but every time I just say that my motherboard broke and they let me reactivate no sweat. I doubt Vista will be much different because the guys in MS's India call center probably don't want to be screamed at by people all day. Everytime I call they seem to just want to get me off the phone as fast as possible.
 
Zinn said:
my OEM copy of XP has been activated over a dozen times on over a dozen different hardware configs. After the second time I started having to call in, but every time I just say that my motherboard broke and they let me reactivate no sweat. I doubt Vista will be much different because the guys in MS's India call center probably don't want to be screamed at by people all day. Everytime I call they seem to just want to get me off the phone as fast as possible.
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An installation which is activated and functioning isn't necessarily an installation which is legally licensed. Activation is NOT the equivalent to a legally enforceable endorsement of the license.
 
Zinn said:
my OEM copy of XP has been activated over a dozen times on over a dozen different hardware configs. After the second time I started having to call in, but every time I just say that my motherboard broke and they let me reactivate no sweat. I doubt Vista will be much different because the guys in MS's India call center probably don't want to be screamed at by people all day. Everytime I call they seem to just want to get me off the phone as fast as possible.
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Nice. Let's hope MS call center employees maintain this policy in the future. If not they will have a lot of irate customers who should have read the license agreement.
 
...maintain this policy in the future.
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It's basically been standard procedure for ages already that the only question asked is "Do you have this software installed on more than one machine?" The onus of responsibility for ensuring that the activity being conducted is a legitimate one lies with the caller, not the person receiving the call. Blaming somebody else when you break the law is lame!
 
When you call just answer the question right and it will be alright I have seen my friend replace a motherboard and have to call and he had the same key running on 2 systems at the same time and when they ask how many systems do you have this key running on he says just this one and away he goes with a new set of numbers and a up and running system. Been done 6 -9 times like that he is a builder.
 
Let us not forget,the NEW buzzwords are " CATASTROPHIC FAILURE" :eek: In the event of one f those, you are entitled to reload your oem copy of Vista. No word yet as to what a catastrophic failure consists of. Could be when you rip out the old motherboard by the pci slots,with a hammer and pliers,after it refuses to boot up a new install of Vista OR when you get thorougly mad,and give your motherboard a nice bath, while its running. :eek:
 
doghucat said:
When you call just answer the question right and it will be alright I have seen my friend replace a motherboard and have to call and he had the same key running on 2 systems at the same time and when they ask how many systems do you have this key running on he says just this one and away he goes with a new set of numbers and a up and running system. Been done 6 -9 times like that he is a builder.
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And idiots like your friend are why we have to pay $300+ for an operating system.
 
BIGDADDY51 said:
No word yet as to what a catastrophic failure consists of.
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It's simple:

"It's fucking dead. I need a new key for the OS reinstallation on the new hardware. Thanks."

When you call those peeps at Microsoft, they know exactly why you're doing so, hence the reasoning mentioned earlier that "they seem to just want to get me off the phone as fast as possible."

K.I.S.S. is a motto to live by, yanno. :)
 
damonposey said:
and still be a law-abiding user?
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Remember that a company rule/TOS/EULA whatever is not LAW, governments makes law, not companies.

Many of the things in EULA's wouldnt hold up in courts in like European countries.

EULA's are the way the companies would like it, it's not LAW.
 
bbz_Ghost said:
It's simple:

"It's fucking dead. I need a new key for the OS reinstallation on the new hardware. Thanks."

When you call those peeps at Microsoft, they know exactly why you're doing so, hence the reasoning mentioned earlier that "they seem to just want to get me off the phone as fast as possible."

K.I.S.S. is a motto to live by, yanno. :)
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LMAO Good one. I thought it was when the cat peed on it with it running. CAT a strophic failure.;) :D Maybe they only make 11cents a phone call.
 
"my kids FUBARED my computer, I had to replace the MB and HDD."

No problem,sir.:D
 
I'm sure at least one person has tried this one:

Caller: "Uhhmmm... my computer is dead, and I need a new key."

Microsoft: "Ok, can you tell me what happened?"

Caller: "I bought Windows Vista and installed it."

Microsoft: "Here's your key..."

</obvious_play_on_a_hilarious_comedy_skit_from_one_of_the_Blue_Collar_Comedians>

;)
 
MindBuster said:
Remember that a company rule/TOS/EULA whatever is not LAW, governments makes law, not companies.
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Thanks for saying what I had a hard time putting in words. Some people seem to forget this critical detail.
In the USA, contract law would likely cover EULAs. I am not familiar with this, so I do not know what type of limitation exist for clauses and which parties' interpretation of these clauses is going to be the one that will be enforced should it come to a dispute.
 
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