Can I transfer my OEM version of Windows to another PC?

This is really solid information and this Article NEEDS to be referenced about 10 times a day to correct some serious mis-information that is being passed all over the Internet.

Thank you for putting it together.

Big "Yes" vote above.

I agree with Vic -- this is an important article that should be referenced MANY times.    There is a lot of misunderstanding about what it means to have an OEM license.

Important information for those of us without a juris doctorate.

Voted Yes above.

+1

Great article. Thanks, MASQ!

Just to annoy you:

See http://blogs.msdn.com/b/mssmallbiz/archive/2009/10/27/no-oem-microsoft-windows-licenses-cannot-be-transferred-to-another-pc.aspx

As you can see, the OEM Windows license is “locked” to the original PC it comes with and cannot be transferred to any other PC.  So in this instance, the new PC would require a full Windows license, not an upgrade license in order to be licensed to run Microsoft Windows.

** UPDATE: One of the readers of my Blog posted a comment to this post and reminded me of something that I had forgotten to include in the original write-up.  Yes, in Germany specifically, OEM licenses can be transferred.  This does apply to Germany specifically though, so everywhere else it holds true that OEM licenses cannot be transferred to a different computer.  Thank you for pointing this out and reminding me.  I appreciate that.

Tolomir

Big yes from me MASQ.

Thanks for the effort.

This is a great article. It is definitely a nightmare going through MS licensing.
On a different note, this does apply to the US only though, Germany for example has different laws. The big one is that MS cannot restrict people into using the OEM software and not transferring it to another machine later, or  by replacing the MOBO.

Nothing below should be considered legal advice. No attorney client relationship is created by this answer to this question. This is just the personal opinion of somebody who happens to know a little about the law.

This is a very sticky question with no simple answer.

1. Not everything Microsoft puts in its EULA is legal in every jurisdiction. In the USA alone there are 51+ legal jurisdictions and then another 190+ country specific legal jurisdictions worldwide. In general Microsoft does not disclose which things are legal in which jurisdictions, so if you just read their EULA you may mistakenly be bound to many terms which are not legal in your jurisdiction / state.

2. There are things in Microsoft's EULA which may very well likely be held not legally binding in ANY jurisdiction. Microsoft has included these in their EULA but they have never been tested by a court of law so we literally don't KNOW what inside the Microsoft EULA is legally binding and what is not.

3. The very notion that Microsoft can "marry" a license to a piece of hardware would likely be found non-legally binding in many jurisdictions. Microsoft's logic is that the OEM is responsible for customer support of an OEM license. Microsoft's concern is if a user changes the hardware in their system what party will be responsible for customer support? Their logic ignores the obvious answer: Nobody! Most people who know how to change a motherboard can provide their OWN technical support and don't require any from Microsoft, the OEM or anybody else (save experts-exchange.com).

4. From a legal standpoint I look upon Microsoft as a morally reprehensible company. The software they ship is defective. Okay, we all knew that when we bought it, this I can accept. But their decision to discontinue support for software, this deep down in my bones is morally reprehensible. If Microsoft wants customers to upgrade to a new product make it better and customers will upgrade. From a CPU requirement, software availability and driver availability standpoint XP remains superior to both Vista and 7. If Microsoft does not want to support XP they should open the source code so that individuals can fix the bugs Microsoft has neglected or refused to fix. Microsoft's decision to end support for Windows XP is a huge mistake, IMHO, and may make them vulnerable to legal action, especially given Microsoft's judgment history in the courtroom.

5. The bunk that Microsoft puts on their website is just that: bunk. Until some lawyer decides to launch a class action lawsuit against Microsoft disputing the outrageous terms in their EULA nobody knows exactly what the actual legal requirements are. Microsoft would like you to believe what their lawyers write, but by no means does that mean their legal opinion is the law.

6. Microsoft's EULA has a loophole which allows damaged motherboards to be replaced when they are broken. OEM manufacturers will eventually replace your system with a brand new / refurbished system when they break if you are dumb enough to by extended service agreements. Its simple math because a new computer is cheaper than repairing 5 year old motherboard. They even do this with notebook computers! If an OEM can replace old hardware which is broken with new, better hardware as a warranty replacement can an individual do the same? I believe almost any judge would say "yes".

7. The best protection against lawyers is large quantities of CYA paperwork. When a system has a motherboard which needs to be replaced call up the OEM and find out the list price the replacement cost for a new replacement motherboard. Boards that are more than a few years old are often not available new. Keep your replacement purchase to within the list price of the replacement board from the OEM (which should be easy). Technicians should document all hardware modifications as system repairs, keep exhaustive documentation of these repairs and retain copies of the Microsoft XP licenses next to the computer systems along with the original Microsoft license in a bound folder for each system. With proper documentation Microsoft would have a very week case if they ever decided to raise an EULA enforcement issue. When technicians sell or otherwise dispose of old hardware they should make sure to document "Faulty, Does not work. Sold AS IS with no warranty and no software license" on the bill of sale and keep a copy of the "bill of sale" in their system documentation file. It is probably a good idea to keep a separate documentation file for each system with metal tabs to make sure no receipts, papers get misplaced. Most judges (outside Seattle) will not listen to Microsoft's explanation requiring replacement of a broken motherboard with a more expensive product with less functionality because of the Microsoft EULA.

8. If you find yourself in need of a new authorization from Microsoft for an XP installation call Microsoft and explain to them that your original hardware was faulty, did not work and the hardware replacement was made in line with manufacturer OEM requirements. Microsoft will issue you a new authorization code. If they provide you with a new authorization code you should have no problem. Just make sure the old hard disk never boots again.

9. There are many utilities available which make the installation of Windows XP much less painless. Google is your friend.

Unfair policy. Consequences of monopoly.

BUT is it legal to buy an OEM copy of an OS on its own with no computer?