Windows 10: Are Windows Retail Version Upgrading to Win 10 OEM?? Solved

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  1. Posts : 1,634
    W7 Pro x64 | W10 IP x64 | Linux Mint VM
       13 Aug 2015 #91

    Considering they were directed at me it was easy to presume you were thinking I thought of MS in a bad light.
      My ComputerSystem Spec


  2. Posts : 705
    Windows 10 Pro x64
    Thread Starter
       13 Aug 2015 #92

    Nah, it wasn't targeted at you at all. I was just being daft....
      My ComputerSystem Spec

  3.    13 Aug 2015 #93

    WhyMe said: View Post
    <snip>
    However, MS could be successful in arguing the exact opposite as the upgrade is a promotional and should therefore be considered a trial downloadable product and cannot be considered a standalone (retail) licensed product as described within the EULA. Both are strong legal arguments.
    No, they cannot argue that this promotional offer is to be considered as a trial product. They advertise the upgrade on their website as "Windows Offer Details: Yes, free! This upgrade offer is for a full version of Windows 10, not a trial."

    The way I see it (I am no subject matter expert), this is the meaning of the different wordings being used:
    • Promotion/Offer: this only says something about the pricing, not about the content -> the promotion is that you get it for free
    • Upgrade: this describes what you get. An upgrade from an eligible Windows version + edition to Windows 10
    • Like-to-like: this describes the detail of the upgrade when it comes to editions -> home to home and pro to pro

    None of these terms say anything about OEM vs Retail. It does not include or exclude them and does not differentiate between them. Hence it must apply to both of them.

    The only document that says anything about OEM (preinstalled) and retail (stand-alone) is the EULA. The EULA specifies transfer rights for 'upgraded from software you acquired as stand-alone software'. No details or exceptions about the word 'upgraded' are specified in the EULA, so it is applicable to any upgrade, free or paid.

    Again, I am no subject matter expert, but if they change the EULA wording, they have two options in my opinion:
    • Do it for Windows 10 and inform all Windows 10 users about these changes (that take away some rights) -> They highlight the problem and this could cause them very bad publicity. It might them cost a lot more than not changing the wording.
    • Release a new version of Windows (10.1 or 11) and change the EULA for this version. This gives them the opportunity to solve the problem nice and clean. But it conflicts with the vision of Windows as a Service and if they do it too soon, it will cause bad publicity cause everyone is going to say: 'so much for the free Windows 10 upgrade, now we have to pay to get the latest updates'.


    Just my 2 cents.
    Last edited by DonCapuco; 14 Aug 2015 at 16:35. Reason: Typos
      My ComputerSystem Spec

  4.    14 Aug 2015 #94

    WhyMe,
    What was the original email address you used to contact them?
      My ComputerSystem Spec

  5.    14 Aug 2015 #95

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

  6.    14 Aug 2015 #96

    I purchased a retail version of 8.1 in July with the express purpose of upgrading to 10 and under the understanding that I would be able to upgrade to 10 and retain transfer rights. So I'd like to either get my money back since the key is still unused, discount on an upgrade later or maybe have them supply me with a full key also.

    I keep getting sent in a loop on the MS support pages trying to get to an email address for support. I really have no desire to spend hours with low level support on live chat. I took a stab in the dark and sent an email to support@microsoft.com guessing/hoping that that would go somewhere at least. I'm just curious if that's the email he used or a more high level corporate one and if so what.
      My ComputerSystem Spec

  7.    15 Aug 2015 #97

    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.
      My ComputerSystem Spec

  8.    15 Aug 2015 #98

    My slimgr report card says this:

    Click image for larger version. 

Name:	slimgr.PNG 
Views:	132 
Size:	6.8 KB 
ID:	31468

    Could someone explain the meaning of the letters for me? I bought the retail oem version which didn't come in a nice box.
      My ComputersSystem Spec

  9.    15 Aug 2015 #99

    riot said: View Post
    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.
    I feel the same way. I want to install and use Windows 10 but I just can't bring myself to do it without a product key that I can use to easily transfer to new hardware when I change my PC. Yes, Microsoft might help out if I ask nicely but I'd rather have it all sorted out in advance.

    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?
      My ComputerSystem Spec


  10. Posts : 3,176
    insider build 10586.3 win10 pro 64
       15 Aug 2015 #100

    swarfega said: View Post
    My slimgr report card says this:

    Click image for larger version. 

Name:	slimgr.PNG 
Views:	132 
Size:	6.8 KB 
ID:	31468

    Could someone explain the meaning of the letters for me? I bought the retail oem version which didn't come in a nice box.
    http://www.mydigitallife.info/differ...-product-keys/
      My ComputerSystem Spec


 
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