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  1.    13 Aug 2015 #81
    Join Date : Jul 2015
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    Windows 10 Pro

    Quote Originally Posted by chemie View Post
    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.
    Just curious.... can you explain what you are GAINING by not upgrading? Let's say you currently have Windows 7 retail license at the moment and won't upgrade to Windows 10. And in 1 1/2 years from now you upgrade motherboard. What will be your choices? Install the Windows 7 retail version or pay $199 for Windows 10.

    or you upgrade your Windows 7 retail version to Windows 10 now for free. In 1 1/2 years you upgrade motherboard. Now what choices do you have? Install the Windows 7 retail version or pay $199 for Windows 10 OR quite possibly you can call Microsoft as a Windows 10 user - having previously upgraded from a Windows 7 retail version, explain to them that you have a new motherboard in a box and you would like them to provide you with a method to carry the Windows 10 over to the new motherboard since it was a retail Windows 7 upgrade and they might just give you a Windows 10 product key.

    Seems to me like you only lose by waiting to upgrade for free and gain nothing by waiting.
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  2.    13 Aug 2015 #82
    Join Date : Aug 2015
    I'm in the ghetto
    Posts : 705
    Windows 10 Pro x64
    Thread Starter

    Quote Originally Posted by chemie View Post
    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.
    The email that got their full attention I quoted in full. See post #1 of this thread. That email got passed internally through Microsoft until it got to a senior engineer at Global Escalation @ Microsoft HQ.
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  3.    13 Aug 2015 #83
    Join Date : Oct 2013
    Wolves, England
    Posts : 1,634
    W7 Pro x64 | W10 IP x64 | Linux Mint VM

    Quote Originally Posted by WhyMe View Post
    It does mean that I offered valid arguments and directly referenced applicable law to support my assertions.

    A legal precedent has not been set as the case hasn't been presented to court
    If applicable law dictates the outcome then of course it is a legal precedent. Microsoft can no longer argue with anybody who puts forward the same argument referencing the same law. What's good for one...
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  4.    13 Aug 2015 #84
    Join Date : Jul 2015
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    Windows 10 Pro

    Quote Originally Posted by Boozad View Post
    If applicable law dictates the outcome then of course it is a legal precedent. Microsoft can no longer argue with anybody who puts forward the same argument referencing the same law. What's good for one...
    Not really. Basically Microsoft settled out of court with him. That does not set legal precedent. The next person who writes to them, Microsoft might answer them with, "Well then sue us." If the next person takes them to court, the court may decide on the side of Microsoft and THAT would be the legal precedent.
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  5.    13 Aug 2015 #85
    Join Date : Oct 2013
    Wolves, England
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    W7 Pro x64 | W10 IP x64 | Linux Mint VM

    Quote Originally Posted by NavyLCDR View Post
    Not really. Basically Microsoft settled out of court with him. That does not set legal precedent. The next person who writes to them, Microsoft might answer them with, "Well then sue us." If the next person takes them to court, the court may decide on the side of Microsoft and THAT would be the legal precedent.
    In which case there would be a lot of people sueing Microsoft. The fact of the matter remains they've taken away the privelege of a lot of peoples' retail operating systems with what is tantamount to false advertising. Anybody who could present these facts in a court of law would win hands down, that would be a legal precedent.
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  6.    13 Aug 2015 #86

    Quote Originally Posted by GotMetalBoy View Post
    Does anyone know what happens if you bought a Dell with Windows 8.1 a year ago with a 3 year warranty and upgrade to Windows 10 and then a year from now the motherboard dies and Dell replaces it? Do you have to downgrade\reinstall back to Win8.1 and won't be able to go back to Win10 without paying for it?
    Well if Dell replaces the motherboard they take care of the activation. If you replace the motherboard with the same motherboard and processor it's the same PC. You can replace a mobo that breaks with the same the problem is if you upgrade to another motherboard.
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  7.    13 Aug 2015 #87
    Join Date : Aug 2015
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    Thread Starter

    Quote Originally Posted by Boozad View Post
    If applicable law dictates the outcome then of course it is a legal precedent. Microsoft can no longer argue with anybody who puts forward the same argument referencing the same law. What's good for one...
    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:
    Quote Originally Posted by NavyLCDR View Post
    Microsoft isn't the evil company that some people think. But I still believe Windows 10 is Skynet
    and
    Quote Originally Posted by NavyLCDR View Post
    None of this really matters anyway - Windows 10 is Skynet and July 29, 2016 is Judgement Day.
    yours faithfully,
    John Connor
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  8.    13 Aug 2015 #88
    Join Date : Aug 2015
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    Thread Starter

    Quote Originally Posted by Boozad View Post
    In which case there would be a lot of people sueing Microsoft. The fact of the matter remains they've taken away the privelege of a lot of peoples' retail operating systems with what is tantamount to false advertising. Anybody who could present these facts in a court of law would win hands down, that would be a legal precedent.
    I definitely do not agree that this would an 'open and shut' case. It is about interpretation of the law and there are currently two opposing perspectives on this, both of which have merits. The real problem comes with the wording within the EULA, internal MS policy and the way have publicly described the upgrade. Yes, it could be argued successfully that MS breached the contract and mislead customers. (MS are looking at changing the EULA wording as a result). It could also be argued that customers have been mislead. 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.
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  9.    13 Aug 2015 #89
    Join Date : Oct 2013
    Wolves, England
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    W7 Pro x64 | W10 IP x64 | Linux Mint VM

    Quote Originally Posted by WhyMe View Post
    Also, please be aware of the following:

    and

    yours faithfully,
    John Connor
    What's your point with these quotes?
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  10.    13 Aug 2015 #90
    Join Date : Aug 2015
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    Thread Starter

    Quote Originally Posted by Boozad View Post
    What's your point with these quotes?
    To add comedic value to a serious sequence of posts, I thought they should be added. They were and continue to be humorous comments. Just trying to keep everything light....
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