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New OEM Windows XP licensing?
I have purchased four computers from Dell and a lot of peripherals. And, when I purchased a desktop or laptop, I have always ordered a copy of Windows XP as opposed to installing Linux or some other operating system.
Recently, I decided to build a PC. Once I knew that it was working, I shut down my last remaining desktop PC, moved its hard drive to the new PC to use it as my desktop, video-editing powerhouse.
After adding a few new hard drives, my Windows XP complained saying that I had made "significant hardware changes" and needed to be reactivated. After a call to Microsoft, and a lengthy conversation with a rep and a supervisor, I was told that I couldn't ever use this copy of Windows XP on another system.
I told the Microsoft people that I never heard that before and that I couldn't believe that I would be that restricted. I had kept, after all, the original hard drive as my main hard drive. And, I explained, at least a few people have upgraded their CPU's and hard drives, "significantlly changing" their computers, while still retaining the plastic box marked, Dell. Those people are still using the copy of Windows XP that came with their systems. Aren't they?
Isn't my situation basically the same? If not, why? I am still using the same, original hard drive. I am still using the same, ethernet cards and monitor. I am still using the same DVD drives and CD burners. These all continue to work, but not the operating system.
I have shelled out thousands and thousands of dollars to Dell. I have even worked at Dell, as a Dell Home Sales and Financial Services Rep, one of the people that you are most likely to talk to by calling 800-try-dell. (i didn't mention this on the call to microsoft)
So, after all that, I have the question: Does Dell limit the use of one copy of OEM Windows XP to only the original hardware configuration? If not, why can't I activate my copy on my homebuilt PC? If so, is there anyway to upgrade the license? Do I even own the license? If not, why not? Why didn't anyone inform me, either by email or phone, that my license of Windows XP still belonged to Dell and not me!!!!!! Shouldn't Dell be required to inform every customer that Dell, not the customer, retains the license for their operating system?
I am angry about this. I don't pirate software and I'm not trying to cheat anyone. I usually read the EULA, but I didn't see anything about Dell retaining the license when I ordered in the past. I know that I have received the operating system at a discount, how else would I have received a nice, near top-of-the-line computer (without monitor) for $950. But, there is nowhere, as far as I know, where Dell informed me, on the ordering part of their website, that they would retain the license for Windows Xp, no matter how much of a discount I was given.
Please, feel free to inform, correct, or enlighten me in any way applicable.
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Posted July 26th, 2004 17:00
As I read you question, you are not using a Dell Motherboard, and for all intents and purposes that becomes another/different computer. Keyboards, mice, even monitors are changed over time, motherboards either don't die, or get replace under warantee, by an equivalent one. You appear to have built a new PC using bit and pieces of a Dell PC.450
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Posted July 26th, 2004 19:00
@mfcrisp wrote:
Denny,
I know that I don't own the software. I never claimed otherwise. I am asking why I don't own the license to use the software. You say this is a Microsoft thing, but I was told by Microsoft that it is Dell's idea to retain the license.
Do I really not own the license? And where does Dell inform me of that during the order process or afterwards?
mfcrisp
Not a Dell issue at all. Microsoft owns all Windows software. They give you a license. That license, when sold as OEM (with a computer) can ONLY be used on that computer. Should you buy a RETAIL package of XP, you can install that on any computer you want. If you decide to remove it and put it on a new computer, it will trigger the call to Microsoft who will give you permission to install it on the new computer. They won't do that for an OEM version. That's true no matter what manufacturer sells you the license.
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Posted July 26th, 2004 19:00
"Software. All software is provided subject to the license agreement that is part of the software package and you agree that you will be bound by such license agreement. "
The license agreement is available for inspection on the system with which the software ships. Whether Dell keeps "the license" or not is immaterial, as long as you accept the product and begin using it. It's up to the customer to review the terms of the EULA upon receipt of the product, and if you don't agree with the terms, you can certainly return the product, but the restrictions on transferring OEM versions of operating systems from one PC to another (or in the case of XP, one which has had substantial modifications made to it which are outside the scope of the allowed changes) have been around for a long time. It's just that until MS started tightening up on things with the release of XP, the terms were pretty much summarily ignored. The fact that MS is making it a bit harder to circumvent the terms of the EULA is giving people used to ignoring them fits, but it's the same EULA, with the same terms as that which accompanied Windows 98SE.
MS is pretty clear on what you can and can't do to a system, as far as making changes to it that affect their Product Activation restrictions. It's clear that you've exceeded the allowable parameters, and they are no longer willing to license the product to you under those circumstances, which is certainly their right, just as it is your right to use another operating system, or to purchase a new copy and license same to your substantially changed system.
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Posted July 26th, 2004 19:00
Denny,
I know that I don't own the software. I never claimed otherwise. I am asking why I don't own the license to use the software. You say this is a Microsoft thing, but I was told by Microsoft that it is Dell's idea to retain the license.
Do I really not own the license? And where does Dell inform me of that during the order process or afterwards?
mfcrisp
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Posted July 26th, 2004 20:00
mfcrisp,
You own the license to use that copy of Windows XP on the computer with which it was sold. The EULA for that copy of XP is from Microsoft, not Dell, as the software is licensed by Microsoft. More detail is available here.
Message Edited by Denny Denham on 07-26-2004 02:04 PM
Denny Denham
2 Intern
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18798 Posts
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Posted July 26th, 2004 04:00
In brief, no, you do not own the software. The licensing policy is Microsoft's, not Dell's. The license allows the use of an OEM operating system only on on the hardware with which it was sold. This is not a new policy, it has been in effect as far back as Windows 95, if not before, but only when Product Activation was introduced was Microsoft able to enforce it.
To see what hardware is used to create the "hash" used to determine whether or not a "significant change" has occurred, go here and look under "Technical Activation Details."