Is the OEM version technically being used though? All Windows upgrades with no previously installed OS ask that you insert a base version disc. While this is physically using the disc, where does licensing even come into play here?

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That is correct... no can do. The version of Windows is already tied to your Dell motherboard, so you cannot upgrade in the way you are describing. (if I am deciphering your wording correctly....it's all quite confusing...)

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I don't know what to do. I'm not buying an old version of Windows, just so I can upgrade it with the upgrade.

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Win98 will work as the upgrade path. Do you have a Win98 CD or even a Win98 MSoft labeled boot floppy.

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No, I have an OEM Dell Windows disc. Is it legal to use this as the base Windows disc even though it is tied to a machine that no longer exists.

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You have been told already. The answer is no, that won't work. I gave you a different suggestion.

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Explain why it won't work.

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Try it and you will find out.

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I want to where in a readable eula it says that it is illegal. I looked on the web for some of the licensing on this. Is it not for the end user to be able to view or am I just not looking hard enough? What have you got that states it is illegal? At what line in the eula is this clarified? Can I please see the eula? How does one expect to stay law abiding when there's no reading.

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The text below is from the link below. 10. If I “retire” a PC with an OEM license on it, can I use that software on a new PC? ANSWER. No. To put it simply, OEM product is “married” to the original PC on which it was installed. Current OEM licenses are not transferable from one machine to another. The software cannot be moved from PC to PC, even if the original PC it was installed on is no longer in use. This is true for all OEM software – operating systems and applications. download.microsoft.com/download/4/e/3/4e3eace0-4c6d-4123-9d0c-c80436181742/OSLicQA.doc

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I'm not using the software on the PC. With Windows XP upgrade you must insert a base version of the software in order to proceed with the install. No license is transferred because the license went down with the disassembled PC. Is this considered ok then? Also in the XP Home edition EULA it says you must install an upgrade version onto a system with a valid previously existing install. This is also untrue because it only asks you to insert a previous base version just to get the install going. There's no previous version. It's a hand built PC.

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NO. The Upgrade becomes part of the original software. That is Why upgrade is cheaper.

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One more thing before I go. Gimme the link to the EULA or copy the line from it so I can make my decision. The part where it says the upgrade installation combines with the previously installed OS's hardware configuration. Better yet give me some search criteria so I can google the issue.

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Sorry, I forgot to post the link. download.microsoft.com/download/4/e/3/4e3eace0-4c6d-4123-9d0c-c80436181742/OSLicQA.doc

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I feel your pain, dude. I bought an OEM version of Windows XP Professional. I installed it on a generic PC I built. But the Motherboard burnt out. So I switched motherboards. When I tried to activate my copy of XP MSFT said "No." So, I installed Ubuntu Linux and I haven't looked back.

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I know you're hoping and praying that there is a workaround, or some sliver of hope that you can achieve your upgrade.... But heed the good advice here from some very experienced folks here.... You simply cannot do it the way you're hoping... nada; period. I have a hunch that you'll try it anyways... and maybe that's a good thing in disguise, as you'll finally learn why it won't work. Don't want to sound too blunt, but I think this just about sums it up nicely. Experience is sometimes the best teacher... Learn from the knowledge of the people here on the forum that are trying to help you.....

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