Are Windows Retail Version Upgrading to Win 10 OEM??

wiggly1uk2000 said:

If the Windows 10 upgrade can identify that my current PC has Windows 8.1 retail installed on it and is happy to activate Windows 10 on that basis, then is it really too much to ask for a product key to go with it?

For free, yes, in my personal opinion. All Microsoft has ever promised to do for free is to permanently upgrade computers that are currently running legally installed Windows 7 or Windows 8. It's like if I give you a brand new car for free and saying, "Dude, you only gave me one key for this car, you expect me to go out and pay for a second key to be made? Is it too much to ask that you give me two keys for free for it?"

Microsoft didn't think about updating the EULA in the actual software to reflect that the free upgrade would essentially amount to them giving you only (gasp) and OEM license FOR FREE. But it seems like when their EULA is brought to their attention they will give you a retail license FOR FREE.

It would be interesting to see the results of an actual court case, but it's likely going to have to be a big lawsuit for Microsoft to even bother fighting it - let's see, we can give away a license key that pretty much costs us nothing to email and be out $190 (by the time you subtract the cost of the USB stick and postage) - or we can pay a lawyer $190 for the first 15 minutes of his time to start to work on the lawsuit defense. Hmmmm.......

NavyLCDR said:

For free, yes, in my personal opinion. All Microsoft has ever promised to do for free is to permanently upgrade computers that are currently running legally installed Windows 7 or Windows 8. It's like if I give you a brand new car for free and saying, "Dude, you only gave me one key for this car, you expect me to go out and pay for a second key to be made? Is it too much to ask that you give me two keys for free for it?"

Microsoft didn't think about updating the EULA in the actual software to reflect that the free upgrade would essentially amount to them giving you only (gasp) and OEM license FOR FREE. But it seems like when their EULA is brought to their attention they will give you a retail license FOR FREE.

It would be interesting to see the results of an actual court case, but it's likely going to have to be a big lawsuit for Microsoft to even bother fighting it - let's see, we can give away a license key that pretty much costs us nothing to email and be out $190 (by the time you subtract the cost of the USB stick and postage) - or we can pay a lawyer $190 for the first 15 minutes of his time to start to work on the lawsuit defense. Hmmmm.......

Actually, you said we could drive A car and could swap to another car anytime we want...we can only drive one car at a time. Now we just want to swap the keys from car1 to car 2 but you are saying we can't drive car 2 anymore.

WhyMe said:

What NavyLCDR said above. ie A precedent can only by set by the justice system as this type of legal argument does not involve common law.

Also, please be aware of the following:

and

yours faithfully,
John Connor

Hi there

"Case Law" can also be used in applicable jurisdictions if the argument being put before the Court is similar (doesn't have to be identical) to a case already settled.

Setting a precident (or "Test Case") can be a RISKY business -- especially if your side loses and also these sorts of cases can go on for years with loads of endless appeals (from both sides) and will cost a HUGE amount of money - Definitely not something to be undertaken lightly.

@NavyLCDR -- your Lawyers are CHEAP at under 200 USD per hr !!!!!!! Sorry mis-read --190 USD for 15 mins -- more like it --now if I could earn that sort of money !!!!!!

Cheers
jimbo

chemie said:

Actually, you said we could drive A car and could swap to another car anytime we want...we can only drive one car at a time. Now we just want to swap the keys from car1 to car 2 but you are saying we can't drive car 2 anymore.

To be a little bit more accurate - it's like you paid to be able to drive A 2010 year car - any 2010 year car - just one 2010 year car at a time - and I offer to upgrade one of those 2010 cars to a 2015 for free. You have your choice - you can still drive any 2010 car you want, but only one of those will be upgraded to a 2015 that I gave you for free. And then coming back to me and saying - it is so not fair that you didn't upgrade all my 2010 cars for free to 2015s and you only upgraded one of them for free.

find the EI.cfg in the media's sources folder and open it with notepad

you will see the edition and channel

nice thing about windows 7 media if you edit EI.cfg and remove the [editionID] flag

it opens the software to install any version of windows 7

locked windows 7 HomePremium installer

Code:

[EditionID]
homepremium
[Channel]
OEM
[VL]
0

Unlocked windows 7 installer

Code:

[EditionID]

[Channel]
OEM
[VL]
0

riot said:

What was the original email address you used to contact them?

I am unable to geive either the phone number, extension, name or email address of the individual who assisted me. The poor man would be inundated and it would be totally unfair

chemie said:

his post says Germany so I assume this is some german law thing

How the hell did you come up with whole Germany thing? I communicated directly with Microsoft USA Global HQ

riot said:

I called the sales line and they gave me a refund for my order since it was still within 30days. So I guess now it's a moot point. They really should have clarified all this to begin with. It boggles the mind that they still haven't.

Well done sir. Good that you now have the refund and can buy/install whatever version you wish instead of finding yourself locked to a device

NavyLCDR said:

Microsoft didn't think about updating the EULA in the actual software to reflect that the free upgrade would essentially amount to them giving you only (gasp) and OEM license FOR FREE. But it seems like when their EULA is brought to their attention they will give you a retail license FOR FREE.

It would be interesting to see the results of an actual court case, but it's likely going to have to be a big lawsuit for Microsoft to even bother fighting it - let's see, we can give away a license key that pretty much costs us nothing to email and be out $190 (by the time you subtract the cost of the USB stick and postage) - or we can pay a lawyer $190 for the first 15 minutes of his time to start to work on the lawsuit defense. Hmmmm.......

Aside from the legal costs, it would also be negative publicity and poor for customer relations.

NavyLCDR said:

For free, yes, in my personal opinion. All Microsoft has ever promised to do for free is to permanently upgrade computers that are currently running legally installed Windows 7 or Windows 8. It's like if I give you a brand new car for free and saying, "Dude, you only gave me one key for this car, you expect me to go out and pay for a second key to be made? Is it too much to ask that you give me two keys for free for it?"

Microsoft didn't think about updating the EULA in the actual software to reflect that the free upgrade would essentially amount to them giving you only (gasp) and OEM license FOR FREE. But it seems like when their EULA is brought to their attention they will give you a retail license FOR FREE.

It would be interesting to see the results of an actual court case, but it's likely going to have to be a big lawsuit for Microsoft to even bother fighting it - let's see, we can give away a license key that pretty much costs us nothing to email and be out $190 (by the time you subtract the cost of the USB stick and postage) - or we can pay a lawyer $190 for the first 15 minutes of his time to start to work on the lawsuit defense. Hmmmm.......

Then from my perspective the free version of Windows 10 is actually a downgrade from what I have now. The convenience to use the OS on different hardware as and when I choose (within the limits of the retail licence) is a high priority to me. I do accept that Microsoft may not have intended the free upgrade to be for people like me, but it's a shame it wasn't made clearer from the outset - perhaps something like this...

'If you intend to change your computer or motherboard then the free Windows 10 upgrade may not be transferred to your new hardware outside of the promotional period.'

The 'lifetime of the device' language they have used is ambiguous because my PC has an 'infinite' lifespan in a manner of speaking. It's modular by design and I change it piece by piece whenever the need arises. The next change is likely to be the motherboard and that's where I may come unstuck. Fortunately for me I'm fine with Windows 8.1 so it's not the end of the world - just a disappointment.