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theoretical windows licensing question

U

unfalliblekrutch

Golden Member
Let's say I have an OEM pc...say a dell, that came with windows XP home (OEM). Then I go out and buy a windows XP professional upgrade edition (retail). Then I use that upgrade edition to upgrade the dell's home to pro. Then let's say after a year, I purchase a new OEM PC, say a compaq, again with XP home OEM. Is it within the terms of the various licenses involved to remove the XP pro upgrade from the dell, put XP home OEM back on the dell, and install the XP pro upgrade onto the compaq?
 
I would say yes but I'm not sure. You would be upgrading a legit OEM home edition. Still, you could run into an activation issue just because Microsoft would 'think' the same upgrade is on 2 different systems. A simple call would fix that though.
 
Echo TG2's statement. You can legitimately uninstall an upgrade OS, revert to the OEM OS, and then use the upgrade OS on a different machine. The basic rule is that an OS can only be legally installed on one system.
 
Originally posted by: Nothinman
Call MS an ask, I'm not even sure if you're allowed to use an upgrade version to go from OEM->Full.
Click to expand...

You mean install an upgrade on a system with an existing OEM license? If you weren't, then the upgrade editions would not work with OEM versions.

The upgrade license is separate from the OEM license. The OP is free to do what he is asking about, provided he uninstalls the upgrade from the Dell as stated.
 
You mean install an upgrade on a system with an existing OEM license? If you weren't, then the upgrade editions would not work with OEM versions.
Click to expand...

Not necessarily true, there's a ton of things you can do with Windows discs that aren't legal, just because MS hasn't put a technical roadblock in your way doesn't mean it's automatically legal.
 
Originally posted by: Nothinman
You mean install an upgrade on a system with an existing OEM license? If you weren't, then the upgrade editions would not work with OEM versions.
Click to expand...

Not necessarily true, there's a ton of things you can do with Windows discs that aren't legal, just because MS hasn't put a technical roadblock in your way doesn't mean it's automatically legal.
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Except it would be very easy to prevent, and I'm not aware of anything in any of the license terms that would suggest even a possibility that they don't want you to install an upgrade on an OEM license. Nor does it really make any sense, since Microsoft makes money directly from the upgrades.
 
Except it would be very easy to prevent, and I'm not aware of anything in any of the license terms that would suggest even a possibility that they don't want you to install an upgrade on an OEM license. Nor does it really make any sense, since Microsoft makes money directly from the upgrades.
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I'm not saying that it wouldn't be easy or that it makes sense, but I believe that MS has a free licensing question line so why not just call and be sure?
 
I've read on Microsoft's website a while ago about the OEM vs Retail stuff. I dont' remember all of it and Microsoft is contradicts itself based on who you talk to.

But OEM licenses are not eligable for upgrades.

Upgrades are intended specificly for people who have paid for the retail license.

But that doesn't mean it won't work.

Technically speaking the vast majority of the time people buy OEM licenses it's in violation of Microsoft's policies. 'Just buy a floppy drive' or similar misguided ideas with the OEM stuff isn't good enough. It's intended for people who build computers for sale other people, not realy themselves. If you buy a OEM version YOUR the OEM, not the storefront you bought it from. Of course when you get it from Dell or whatnot, then that's what it's suppose to be for. If your doing it for yourself technically you should be using a retail license.

That's the 'spirit' of the thing.

Also when I went to Walmart all the Microsoft Office versions and Microsoft Windows versions were all 'academic' use only type things for students and teachers... And obviously 99% of the people who buy them are going to be neither.

But it still works. I doubt Walmart or anybody buying from them will get busted or have their activations refused any time soon.

If you have any questions the only people you should be asking is Microsoft themselves.

That is if you care to know the actual answer. It's Microsoft who decides the rules and decides how/when/if they choose to enforce them. What you hear on forums or anywere else is just pure speculation and can't be trusted as such.
 
Excellent post, drag. Considering the fact that you are a linux user, as am I, Its refreshing to see someone actually care about the rules, even when they favor "the bad guy".
 
Originally posted by: drag
If you have any questions the only people you should be asking is Microsoft themselves.
Click to expand...
Microosft Desktop Licensing Questions:
1-800-426-9400

But remember that Microsoft says that the FINAL authority is the EULA that comes with each product. It's kinda' like the IRS....you can ask MS and you can read their web sites, but the only true authority is the EULA.

And what if the question isn't answered in the EULA, or what if it's vague?
"Aye, there's the rub...." (to quote Shakespeare).
 
Originally posted by: RebateMonger
Originally posted by: drag
If you have any questions the only people you should be asking is Microsoft themselves.
Click to expand...
Microosft Desktop Licensing Questions:
1-800-426-9400

But remember that Microsoft says that the FINAL authority is the EULA that comes with each product. It's kinda' like the IRS....you can ask MS and you can read their web sites, but the only true authority is the EULA.

And what if the question isn't answered in the EULA, or what if it's vague?
"Aye, there's the rub...." (to quote Shakespeare).
Click to expand...



Aye, therein lies the rub. Microsoft should put the EULA on paper outside of the sealed disc. I think that would clear up any questionable returns.
 
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