More about Microsoft licensing and Windows OEM software

I have previously posted about the fact that so-called OEM or system builder versions of Windows Vista were the lowest priced. I have also posted about the confusing Microsoft licensing practices. The newsletter Windows Secrets has some more on the licensing mess:

In our last issue, we reported that users of OEM software don’t need to obtain a new license if they replace a defective computer component, but must do so if they upgrade their systems with newer parts. Reader Leisha Wharfield finds this disturbing:

* “Who would actually acquire a new Windows license just for a simple upgrade like more memory? We would go broke if we did that. I’m shocked by this requirement, even for system builders.”

As it turns out, this is one of those areas in which Microsoft has given contradictory advice. Microsoft’s PDF document on the subject, called the Channel Discussion Guide, clearly includes “adding to the memory” as a change that requires a new license (see page 2). Yet a number of postings from the Microsoft OEM System Builder Licensing Team (compiled on the Michael Stevens Tech Web site) indicate that the only upgrade that requires a new software license is the replacement of the motherboard. Even a new hard drive does not require a new license, as long as the software is removed from the old hard drive before being installed on the new one, according to this source. So the answer apparently depends on which source you believe.

Either Microsoft itself doesn’t understand what its licensing policies are or there is a deliberate attempt to confuse as many people as possible into buying extra copies of the operating system. Various people have pointed out the contradictory and obscure licensing practices but as far as I know Microsoft remains silent and makes no effort to clarify things.

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