wrote
> Im especially interested in number three below
>
>> What is the difference between the full retail Windows XP
>> and the OEM version?
>
>> 3. It is licensed *only* for the machine on which it
>> is first installed and may *not* be transferred later
>> to a new one (unlike retail which can be so
>> transferred once removed from the original machine)
The OEM WinXP EULA says this about that:
"The term "COMPUTER" as used herein shall mean the HARDWARE, if the HARDWARE is a single
computer system, or shall mean the computer system with which the HARDWARE operates, if
the HARDWARE is a computer system component.
* Software as a Component of the Computer - The SOFTWARE is licensed with the HARDWARE as
a single integrated product and may only be used with the HARDWARE. If the SOFTWARE is
not accompanied by new HARDWARE, you may not use the SOFTWARE. You may permanently
transfer all of your rights under this EULA only as part of a permanent sale or transfer
of the HARDWARE"
Most people interpret this to mean that the OEM copy of Windows that came with your new
Dell, for example, can't be used on any other computer. Whether you can still use it
legally if you upgrade some or all of the parts in your Dell is kind of iffy. (Dell would
probably argue that it's okay as long as you get your upgrade components from Dell.) Dell
OEM's, by the way are "branded" such that they refuse to install in, say, a Gateway or
some other vendor's machine. I believe this is done by placing an identifier in the system
BIOS that tells the installer routine "hey, it's okay, I'm a Dell." I can, however,
violate the EULA by taking the OEM Windows that came with my Dell Dimension 8200 and
installing it on my Dell Inspiron 7500 and the installer won't complain. (Don't ask how I
know this.)
Lots of vendors will sell you an OEM copy along with some component like a hard disk
drive. The popular interpretation for that scenario is that you can put that component in
any machine you want and use your OEM copy with it, as long as you don't separate the two.
This type of OEM copy doesn't know what component it's supposed to be bundled with, so
there's nothing to physically stop you from separating them.
As far as I know, this particular language in the EULA has never been tested in a court of
law, so there's really no definitive answer as to whether it's enforceable or not.