Windows 8 and 8.1 Forums


Upgraded to Windows 8, can I change the motherboard?

  1. #11


    Posts : 22,576
    64-bit Windows 10


    Quote Originally Posted by bobkn View Post
    Quote Originally Posted by Brink View Post
    I think you may be confusing the XP OEM with the Windows 8. The Windows 8 upgrade key is a retail key, and will always be so. It's not the same as the old OEM keys that can only be used on the same motherboard it was first activated on. A retail key can be used on any computer or motherboard. Upgrading from an OEM doesn't make the Windows 8 OEM as well.


    The qualifying OS (XP sp3, Vista, or Windows 7) is only to qualify for being able to purchase the Windows 8 upgrade. The EULA allows him to transfer the Windows 8 upgrade to another computer (or motherboard) as often as he likes, but the EULA does require you to no longer user the qualifying OS's product key while you have the Windows 8 installed.

    Basically, he is just transferring the Windows 8 upgrade he qualified for with his XP Pro to the new motherboard (aka: new computer).


    Now of course, if he had a new blank computer and didn't have a qualify OS or a Windows 8 he could transfer, he would have to purchase the full priced "system builder" copy of Windows 8 instead.
    No confusion here.

    A retail Win8 license is transferable to a different PC (PC = motherboard). (The license purchased through the Upgrade Assistant is, as far as I know, a retail license.) However, the new PC must itself qualify for the use of an upgrade license. If the qualifying OS for the old PC can be transferred, that would be OK. (The old PC is supposed to be left with no OS.) If the qualifying OS for the old PC could not be legitimately transferred (OEM XP, for example), then the new PC has no OS.

    If Spinner installs and activates the Win8 upgrade on an unqualified PC, it doesn't offend me. As far as I know, Microsoft does not check for that. However, claiming that Redmond blesses such an installation is disingenuous at best.

    I'm done here. Feel free to speak the last word.


    Bob,

    I'm not sure why you made a snide statement I bolded in red above like that for??

    First, I don't appreciate you saying that I said that it's ok to install an upgrade Windows 8 on a new computer that doesn't qualify. That is NOT what I posted, not what I believe, and is not what the OP "Spinner" is wanting to do at all.

    I wasn't arguing with you, but just wanted to help answer your question. It's just that it seems that you feel that it is not ok to do this when it is indeed perfectly legal to do so as per the reasons below. That's all.



    He's just transferring his Windows 8 from the old PC (motherboard) to the new one.


    No, the XP OEM couldn't be transferred to another computer, but we are talking about Windows 8 instead that can be transferred. Even if upgraded from the XP OEM. The license and EULA for Windows 8 allows for that. Please see the link below for more details.

    Windows 8 EULA

      My System SpecsSystem Spec

  2. #12


    I lied about not posting anything more.

    I looked for a link to the upgrade license terms. This is the best that I could quickly find:

    Terms and Conditions - Microsoft Windows

    I quote:
    Upgrade software

    Each upgrade license applies to only one PC and you can install the upgrade only on PCs that have a valid base license and one of the following operating systems: Windows 7, Windows Vista, or Windows XP (SP3), Windows 8 Consumer Preview, or Windows 8 Release Preview.


    You must have a "valid base license" for a qualifying OS on the PC on which you're installing the upgrade. The OEM XP license would not be a valid base license for the new PC (=motherboard). I admit that the above is a little misleading; the Win8 CP and RP aren't really supposed to qualify for the use of an upgrade license. (I have read elsewhere that Microsoft requires that the CP or RP to have been installed over an old qualifying OS. I have never seen that there are any checks built-in to enforce that, though.)

    The Win8 upgrade installer normally checks for a qualifying OS. If none is found, it'll still install Win8, but the upgrade license key won't activate the installation, unless you resort to a hack or work-around. Do you think the existence of a hack or work-around that permits the upgrade to be installed and activated on a blank HD means that Microsoft isn't serious about the qualifying OS requirement?

    I apologize if I hurt feelings. Mine get a little injured when I get the impression that what I posted is basically being ignored, whether it should be ignored or not.
      My System SpecsSystem Spec

  3. #13


    Posts : 22,576
    64-bit Windows 10


    No worries Bob.

    I think what is confusing the whole matter is the distinction between the terms of "qualifying for the upgrade" and "transferring the upgrade".


    Yeah, that is a bit vague there, but it seems to apply towards qualifying for the Windows 8 upgrade.

    When you read the EULA for Windows 8 upgrade (retail) in the section below, it appears that you are allowed to transfer the Windows 8.

    Windows 8 EULA


    Can I transfer the software to another computer or user?
    You may transfer the software to another computer that belongs to you. You may also transfer the software (together with the license) to a computer owned by someone else if a) you are the first licensed user of the software and b) the new user agrees to the terms of this agreement. To make that transfer, you must transfer the original media, the certificate of authenticity, the product key and the proof of purchase directly to that other person, without retaining any copies of the software. You may use the backup copy we allow you to make or the media that the software came on to transfer the software. Anytime you transfer the software to a new computer, you must remove the software from the prior computer. You may not transfer the software to share licenses between computers. You may transfer Get Genuine Windows software, Pro Pack or Media Center Pack software only together with the licensed computer.
      My System SpecsSystem Spec

  4. #14


    Quote Originally Posted by Brink View Post
    No worries Bob.

    I think what is confusing the whole matter is the distinction between the terms of "qualifying for the upgrade" and "transferring the upgrade".


    Yeah, that is a bit vague there, but it seems to apply towards qualifying for the Windows 8 upgrade.

    When you read the EULA for Windows 8 upgrade (retail) in the section below, it appears that you are allowed to transfer the Windows 8.

    Windows 8 EULA


    Can I transfer the software to another computer or user?
    You may transfer the software to another computer that belongs to you. You may also transfer the software (together with the license) to a computer owned by someone else if a) you are the first licensed user of the software and b) the new user agrees to the terms of this agreement. To make that transfer, you must transfer the original media, the certificate of authenticity, the product key and the proof of purchase directly to that other person, without retaining any copies of the software. You may use the backup copy we allow you to make or the media that the software came on to transfer the software. Anytime you transfer the software to a new computer, you must remove the software from the prior computer. You may not transfer the software to share licenses between computers. You may transfer Get Genuine Windows software, Pro Pack or Media Center Pack software only together with the licensed computer.
    That's good, as far as it goes. There's not much language there that's particular to an upgrade license.

    My understanding is that you can transfer a retail upgrade copy to another PC.

    However, that new PC is expected to have an upgradable OS on it. An old OEM copy of XP can't be legitimately installed and activated on the new PC, so the new PC has no upgradable OS. It doesn't qualify for the use of an upgrade license, regardless of whether the upgrade license was never used or transferred from a previous system. The old OEM XP can't be used to qualify a Win8 upgrade on one different PC, any more than it could be used to qualify an upgrade on 10 different PCs.

    A lot of that was repetitive, but I hope that made things clearer.
      My System SpecsSystem Spec

  5. #15


    Posts : 22,576
    64-bit Windows 10


    The Windows 8 upgrade is a retail copy. The qualify XP Pro OEM doesn't change that.

    The EULA I quoted above is specifically for the retail/upgrade Windows 8. Clicking on the link above will give you the full EULA.

    The whole purpose of a transfer is for a new computer, motherboard, or user. In this specific case, when you build yourself a new computer or get a new motherboard, you could just simply transfer (reinstall) on the new computer/motherboard, and format the old one.

    You're tying yourself up with XP OEM not being transferable, but it has no bearing on the Windows 8 upgrade EULA at all for a transfer. All Windows 8 copies are fully transferable now. You do not have to reinstall the qualifying OS on the new computer, and then upgrade to the Windows upgrade.


    Windows 8 EULA
      My System SpecsSystem Spec

  6. #16


    Quote Originally Posted by Brink View Post
    The Windows 8 upgrade is a retail copy. The qualify XP Pro OEM doesn't change that.

    The EULA I quoted above is specifically for the retail/upgrade Windows 8. Clicking on the link above will give you the full EULA.

    The whole purpose of a transfer is for a new computer, motherboard, or user. In this specific case, when you build yourself a new computer or get a new motherboard, you could just simply transfer (reinstall) on the new computer/motherboard, and format the old one.

    You're tying yourself up with XP OEM not being transferable, but it has no bearing on the Windows 8 upgrade EULA at all for a transfer. All Windows 8 copies are fully transferable now. You do not have to reinstall the qualifying OS on the new computer, and then upgrade to the Windows upgrade.


    Windows 8 EULA
    OK, let's try a different scenario.

    Suppose that I bought a retail Win8 Pro Upgrade copy at my local Microsoft Store. (The box, containing both 32 and 64 bit DVDs. Before the end of January 2013, it cost $70.)

    I built a new PC, with no OS.

    (I may have a different PC lying around with an OEM copy of XP SP3. It is, however, an entirely different PC.)

    Can I legitimately install the upgrade copy on the new PC? Does the old OEM copy of XP on the other machine have any relevance to what I do with the new PC?

    I'm not "tied up" with the OEM not being transferable. The Win8 upgrade license may be transferred. However, as regards installing the upgrade on the new PC, the XP license may as well not exist. My point is that you need an older OS to qualify the installation of the upgrade license on new hardware. The old OEM XP license cannot be used for that.

    New hardware, no qualifying OS, then a System Builder license is required.

    The old XP OEM copy isn't a qualifying OS for the new hardware. If the XP license was used to buy and download the Win8 upgrade, using the Upgrade Assistant, it's not relevant.

    The upgrade copy was traditionally cheaper than the full license because of the qualifying older OS requirement. I can't explain why the System Builder copies at Newegg are still $140, while the retail upgrade copies are $200. The pricing might have made sense for Windows 7, where there was a full retail version and a separate System Builder license that was intended only for resale. Since there is no full retail version of Win8 and the System Builder version serves that purpose for individuals, things seem to be out of whack.
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  7. #17


    Posts : 22,576
    64-bit Windows 10


    Of course you can't just install an upgrade Windows 8 on a new computer without an OS on it. The only exception is when you are transferring it from another computer or owner as outlined in the EULA. Otherwise, of course you have to purchase the "system builder" copy instead.

    I'm only referring to Spinner being able to transfer his legally upgrade installed Windows 8 to the same computer with a new motherboard.
      My System SpecsSystem Spec

  8. #18


    Quote Originally Posted by Brink View Post
    Of course you can't just install an upgrade Windows 8 on a new computer without an OS on it. The only exception is when you are transferring it from another computer or owner as outlined in the EULA. Otherwise, of course you have to purchase the "system builder" copy instead.

    I'm only referring to Spinner being able to transfer his legally upgrade installed Windows 8 to the same computer with a new motherboard.
    What? (Imagine a shrill, squeaky tone.)

    To paraphrase: if you (legitimately) installed an upgrade copy of Win 8 on PC #1, it's OK to transfer the license to new PC #2, even if PC #2 never had an OS, and you don't have a copy of an older OS in hand that you could install on PC #2.

    You can legally transfer the upgrade license to the new PC, even though you couldn't have legally installed it on PC #2 to begin with? I don't believe it.

    "I'm only referring to Spinner being able to transfer his legally upgrade installed Windows 8 to the same computer with a new motherboard." The motherboard defines the PC, so it's a new PC, even if Spinner kept every component except the motherboard.

    This seems to be a debate, rather than a discussion. I don't debate.
      My System SpecsSystem Spec

  9. #19


    Posts : 22,576
    64-bit Windows 10


    LOL

    Yep, believe it. That's what a transfer is for.

    I thought we were having a nice discussion about this, with a little bit of debate of license interpretation in the mix. Best of both.

    Windows 8 EULA


    Can I transfer the software to another computer or user?
    You may transfer the software to another computer that belongs to you. You may also transfer the software (together with the license) to a computer owned by someone else if a) you are the first licensed user of the software and b) the new user agrees to the terms of this agreement. To make that transfer, you must transfer the original media, the certificate of authenticity, the product key and the proof of purchase directly to that other person, without retaining any copies of the software. You may use the backup copy we allow you to make or the media that the software came on to transfer the software. Anytime you transfer the software to a new computer, you must remove the software from the prior computer. You may not transfer the software to share licenses between computers. You may transfer Get Genuine Windows software, Pro Pack or Media Center Pack software only together with the licensed computer.


      My System SpecsSystem Spec

  10. #20


    Tropical Island Pair a Dice
    Posts : 3,030
    Windows 8.1 Pro x64/ Windows 7 Ult x64


    From reading several articles and MS blogs on this issue, MS has changed several things.
    They no longer have a Full Retail version for W8.
    Full Retail version was what most system builders use, they can move the OS to another computer or sell the computer with it.

    The only available full OS now is the 'System Builder' version, which kind of combines the previous OEM (that you could buy) and Full Retail.
    Since someone that builds there own computer may want to transfer the OS to another new or old computer, the 'System Builder' version allows that.
    If you buy that computer, you can't transfer the OS to another computer, only the original owner can. In this scenario it becomes the same as the old OEM versions.

    MS has made upgrade versions the equivalent to the former 'Retail' version, if you have a Windows 7 OEM OS you can upgrade it with a W8 upgrade. Then you have a W8 OS with the equivalent of a 'Retail' license and are allowed to move it to another computer.

    MS decided to reduce the types of versions, in an unusual move actually made it easier for customers that build their own computers.

    MS had people like the OP in this thread in mind when they set this up.
    Many have previously complained that a person that builds his own computer should be able to move his purchased OEM OS license to his same computer if he upgrades his motherboard. Previously changing the motherboard would not allow this, evidently MS has decided to allow it.

    There are many discussions on this very subject in many forums.
    The general consensus, is as stated above. This was confirmed in a MS blog by an MS employee, if I find the link I will post it.
      My System SpecsSystem Spec

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