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

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  1. Posts : 705
    Windows 10 Pro x64
    Thread Starter
       12 Aug 2015 #71

    Mystere said: View Post
    Well, if that's the case, then I stand corrected, In this case. However, generally speaking, having a key is not equivalent to a license (after all, when you upgrade they give you a different key, even if its a generic one).
    Microsoft Corporate HQ just phoned me while I was typing my previous post to confirm all of the above. They also added:
    • The points I raised about the EULA and internal policy also form part of the resolution. This has now been passed onto another department within Microsoft and it is possible the wording within the EULA will soon be changed after completion of the investigation by the relevant licensing and legal teams.
      My ComputerSystem Spec

  2.    12 Aug 2015 #72

    WhyMe said: View Post
    It definitely does not mean that every Win7 or Win8.1 Retail License holder will get a second free standalone Win10 license.
    I don't need a second licence; just one that I can use the same way that I use my current 8.1 retail licence. In other words, with a key that allows free transfer to a new machine via a clean install. If I had that I'd stick with WIndows 10 and never have to install Windows 8.1 again. I only plan to use Windows 10 on one computer, it's just that I might renew the motherboard (and more) from time to time.
      My ComputerSystem Spec

  3.    12 Aug 2015 #73

    wiggly1uk2000 said: View Post
    I don't need a second licence; just one that I can use the same way that I use my current 8.1 retail licence. In other words, with a key that allows free transfer to a new machine via a clean install. If I had that I'd stick with WIndows 10 and never have to install Windows 8.1 again. I only plan to use Windows 10 on one computer, it's just that I might renew the motherboard (and more) from time to time.
    I can second this. I don't need a second license and just want Microsoft to comply with the EULA they have created themselves.
    Microsoft offers a free upgrade to Windows 10 and has updated the EULA for Windows 10 in July 2015. The EULA states "If you acquired the software as stand-alone software (and also if you upgraded from software you acquired as stand-alone software), you may transfer the software to another device that belongs to you."
    I upgraded my Windows 8.1 retail to Windows 10 by accepting the EULA and because Windows 10 can be transferred according to the EULA.
    In my opinion, Microsoft cannot simply change the EULA after so many people have upgrade and take away the transfer rights. I paid for a retail license to have transfer rights.

    WhyMe said: View Post
    It definitely does not mean that every Win7 or Win8.1 Retail License holder will get a second free standalone Win10 license.
    <snip>
    A legal precedent has not been set <snip>
    Maybe not a legal precedent, but a precedent has been set: they have given an extra key/license to the owner of a Windows 8.1 retail license after complaining about the inconsistencies between documentation and the EULA.
    So there is no reason for other retail license owners not to ask for the same treatment.
      My ComputerSystem Spec

  4.    12 Aug 2015 #74

    Every source I have heard or read says the license is traded like for like. OEM > OEM, Retail > Retail. After July 29, 2016, the copy of Windows will keep working just as it has before then and be fully supported with no additional fees or subscriptions until Windows 10 is no longer supported.

    Here's my slmgr;

    Click image for larger version. 

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      My ComputerSystem Spec

  5.    12 Aug 2015 #75

    I think most of those sources quote the same initial source. I've seen other people that have talked with Microsoft which confirm that you go from retail to oem.

    I've upgraded from oem. My slmgr says the same. So that doesn't reveal much.
      My ComputerSystem Spec

  6.    12 Aug 2015 #76

    pal said: View Post
    I think most of those sources quote the same initial source. I've seen other people that have talked with Microsoft which confirm that you go from retail to oem.
    As written somewhere else in this topic, I've spoken with Microsoft support and they confirmed to me that if you start from a retail license, Windows 10 is also retail and carries transfer rights.
    So even Microsoft employees tell people different stories...
      My ComputerSystem Spec

  7.    12 Aug 2015 #77

    I wasn't really surprised when my Windows 7 OEM upgrade came up showing Retail. Think of it this way. OEM means you call the OEM (HP, Dell, ASUS, etc) for tech support. Microsoft won't give you phone support for an OEM version. You upgrade to Windows 10, have issues, who you gonna call? It's not really something the OEM should be responsible for, you took it upon yourself to upgrade to Windows 10. Makes sense to make it a Retail install and have you call Microsoft for any issues as a result of taking them up on their free upgrade offer. IMHO though, it still doesn't mean they can't put extra restrictions on that free upgrade, even if it is Retail.
      My ComputerSystem Spec

  8.    12 Aug 2015 #78

    alphanumeric said: View Post
    <snip>
    IMHO though, it still doesn't mean they can't put extra restrictions on that free upgrade, even if it is Retail.
    Maybe, but only if these restrictions don't conflict with other information presented to the user.
    In the "Get Windows 10" app to reserve your copy of Windows 10, two words are repeated multiple times: 'free' and 'full version of Windows 10'.
    During the installation of Windows 10 the user has to agree with the EULA and with the fact that Media Center will be removed. No restrictions are ever mentioned, with the exception of some apps might not be available in all markets and might require special hardware.
    So as a Retail license owner, I expect my upgrade to be 'free', to a 'full' version of Windows 10 (read: equal to a retail version bought from a retail store) and with transfer rights (as written in the EULA).
      My ComputerSystem Spec

  9.    13 Aug 2015 #79

    The upgrade is both free and a full edition. The EULA doesn't explicitly say the "free" upgrade is transferable. They only write that the free upgrade is tied to the machine that you upgrade.

    The write "stay on like-to-like editions of Windows". That is also true. You go from home to home, and from pro to pro...
      My ComputerSystem Spec

  10.    13 Aug 2015 #80

    WhyMe said: View Post
    It definitely does not mean that every Win7 or Win8.1 Retail License holder will get a second free standalone Win10 license.

    It does mean that I offered valid arguments and directly referenced applicable law to support my assertions.

    Since they offered me a satisfactory settlement, I saw no point for me to proceed further and now consider the matter closed.

    A legal precedent has not been set as the case hasn't been presented to court. A judge has not made a decision on the validity of either the EULA or Microsoft internal policies with regard to the free promotional upgrade.

    In short, this means that Microsoft has not done anything wrong.
    So can you post the text you used for your case so we can follow suit? This is the MAIN reason I will not upgrade to Win10 now because I know I will change MB in the future and will not pay $200 to do so.
      My ComputerSystem Spec


 
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