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  1.    11 Jul 2015 #61
    Join Date : Dec 2013
    Sydney, Nova Scotia, Canada
    Posts : 10,237
    Windows 10 IoT

    Quote Originally Posted by BunnyJ View Post
    I agree that you'll be able to go back to the previous OS but I don't see any scenario where you can use the old and new one on the same machine or two different machines.
    I think the Windows 10 upgrade install will get its own product code in the upgrade process. That will be the one you use for clean installs. I think it will also be locked to that PC/hardware like an OEM install is. What happens as far as the old OS I don't know. I'm thinking you could dual boot on the original PC. They aren't going to want you moving it to another PC though. It's give and take, you get a free upgrade but your going to have to give something up? Is that not fair? I think so. For those that don't think its fair, don't do the free upgrade. This is just my guess, take it for what its worth.
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  2.    11 Jul 2015 #62
    Join Date : Jan 2015
    Posts : 167
    Windows 7 Ultimate 64
    Thread Starter

    [QUOTE=alphanumeric;276919]
    Quote Originally Posted by Delicieuxz View Post

    Ok I see what your saying, Retail should get you retail, OEM gets OEM. The thing is it says replaces, "The new license replaces the previous one". The new one could easily be OEM. And it wouldn't surprise me if it was. The free upgrade is for the life of the device, when that device dies, that windows 10 license dies with it. There are conditions on this free upgrade offer above and beyond your normal Windows upgrade install.

    The upgrade install could be from windows 7 or windows 8. Doesn't have to be from Windows 8.
    There are two items in the discussion: The license, and the software which the license is for. The two items run in parallel to each other, but they run on their own tracks, and they are not homogenized. In legalese, I believe they are distinct. If one of them is modified, that doesn't mean that the other is modified.

    The Windows 7 -> 8 update example is not said to be replace the license, but the version of Windows to which it points: "the update replaces the original software that you are updating". After updating that license, the only thing that has changed through the update agreement which the user entered in to, is that their license now points to Windows 8.1. It still retains all its same functionality, its same license-type.

    I believe that the wording of Microsoft's "upgrade offer" legally restricts the offer to replacing a Windows version for a particular license, retaining the same license key and license-type. A retail -> OEM change would be a license downgrade, and would touch upon things not hinted to in the Microsoft offer.

    I think that it would be a case of false and misleading advertising to do, because:

    1) it would not be an upgrade of an existing license if it is replaced with a limited version - it would be an exchange

    2) the upgrade would then not be free - it would cost a retail license to receive an OEM license, with a clear transfer of equity departing away from the retail license holder

    3) it would be a downgrade of a license-holder's license-type


    It is legal convention, and I believe also written law, that the conditions of an agreement must be clear and the wording logical, and conditions which are found unreasonable or deceptive are not upheld in the court's view. I think that it is unreasonable to believe and expect that a retail license would become less than a retail license, and I think that Microsoft's presentation of the upgrade offer does not allow for legal basis to negatively impact the license-type of a person.



    I think that the upgrade offer will utilize the same key as was for Windows 8 / 7, for Windows 10.
    Last edited by Delicieuxz; 11 Jul 2015 at 17:44.
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  3.    11 Jul 2015 #63
    Join Date : Dec 2013
    Sydney, Nova Scotia, Canada
    Posts : 10,237
    Windows 10 IoT

    [QUOTE=Delicieuxz;276933]
    Quote Originally Posted by alphanumeric View Post

    There are two items in the discussion: The license, and the software which the license is for. The two items run in parallel to each other, but they run on their own tracks, and they are not homogenized. In legalese, I believe they are distinct. If one of them is modified, that doesn't mean that the other is modified.

    The Windows 8 -> 8.1 update example is not said to be replace the license, but the version of Windows to which it points: "the update replaces the original software that you are updating". After updating that license, the only thing that has changed though the update agreement which the user entered in to, is that their license now points to Windows 8.1. It still retains all its same functionality, its same license-type.

    I believe that the wording of Microsoft's "upgrade offer" legally restricts the offer to replacing a Windows version for a particular license, retaining the same license key and license-type. A retail -> OEM change would be a license downgrade, and would touch upon things not hinted to in the Microsoft offer.

    I think that it would be a case of false and misleading advertising to do, because:

    1) it would not be an upgrade of an existing license if it is replaced with a limited version - it would be an exchange

    2) the upgrade would then not be free - it would cost a retail license to receive an OEM license, with a clear transfer of equity departing away from the retail license holder

    3) it would be a downgrade of a license-holder's license-type


    It is legal convention, and I believe also written law, that the conditions of an agreement must be clear and logical, and conditions which are found unreasonable or deceptive are not upheld in the court's view. I think that it is unreasonable to believe and expect that a retail license would become less than a retail license, and I think that Microsoft's presentation of the upgrade offer does not allow for legal basis to negatively impact the license-type of a person.



    I think that the upgrade offer will utilize the same key as was for Windows 8 / 7, for Windows 10.
    I will say this one more time. It clearly states in the EULA I linked to that "The new license replaces the previous one". It clearly states that. You can spout all the legal ease you want but your not going to change my interpretation of what it says. You have your interpretation and I have mine.
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  4.    11 Jul 2015 #64
    Join Date : Dec 2013
    Sydney, Nova Scotia, Canada
    Posts : 10,237
    Windows 10 IoT

    I did an upgrade from Windows 7 to the Insider preview and got a new key. Windows 10 is not using the Windows 7 key. And its not the key listed by Microsoft for installing the preview. I think Windows 10 will get its own key. And that will be the key you use to do clean installs with.
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  5.    11 Jul 2015 #65
    Join Date : Jan 2015
    Posts : 167
    Windows 7 Ultimate 64
    Thread Starter

    The shift you made from Windows 7 to Windows 10 Insider Preview did not involve an upgrade or alteration of your Windows 7 license, which remains untouched while using the Insider Preview. And the key posted publicly by Microsoft for installing the Windows 10 Insider Preview is not influencing on people's existing Windows licenses.


    It seems that the EULA which you previously linked-to has now been removed from Microsoft's website.
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  6.    11 Jul 2015 #66
    Join Date : Dec 2013
    Sydney, Nova Scotia, Canada
    Posts : 10,237
    Windows 10 IoT

    Quote Originally Posted by Delicieuxz View Post
    The shift you made from Windows 7 to Windows 10 Insider Preview did not involve an upgrade or alteration of your Windows 7 license, which remains untouched while using the Insider Preview. And the key posted publicly by Microsoft for installing the Windows 10 Insider Preview is not influencing on people's existing Windows licenses.


    It seems that the EULA which you previously linked-to has now been removed from Microsoft's website.
    My install is not using the publically posted key, it has its own key.

    Try the link here for Windows 8.1, http://www.eightforums.com/general-s...ws-8-eula.html
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  7.    11 Jul 2015 #67
    Join Date : Oct 2014
    Posts : 1,552
    W7 32 bit, Linux Mint Xfce 18 64 bit

    Quote Originally Posted by alphanumeric View Post
    My install is not using the publicly posted key, it has its own key.
    It also shows as a retail key.


    I did my install of windows 10 differently because the reverse wouldn't work, have no idea why.

    Here is my setup.
    Partition 1 Primary Windows 7 Home retail changed my windows key to be legal.
    Partition 2 Primary Windows 10 Home preview upgraded from my Windows 7 oem. The key is different from all other keys.
    Partition 5 logical Xubuntu
    Partition 6 logical Linux swap.

    By doing what I did, I haven't violated the EULA or the upgrade requirement. If I give up windows 10 at anytime even after the 30 days using an image back. I can go back to this setup and it would also be legal.


    Partition 1 Primary Windows 7 OEM or keep using my Windows 7 retail key.
    Partition 5 logical Xubuntu
    Partition 6 logical Linux swap.
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