New
#60
If you got a rough ride, then I guess some higher ups are rightly concerned about their positions too.
I speculate here, and have nothing to lose, but something has got to be done if MS does not want their last numbered OS to gain the popularity that MS has dreamed about just by not implementing in the software, the terms of their EULA, in other words, a free for all:
- with regard to devices (as defined in 2.b. of the EULA) - it is possible with digital entitlement to install many copies of Windows 10 side by side, on different partitions or drives for instance on the same PC.
- by not disallowing side by side installations of "upgrades" to 10 on the same machine the original OS that gives rise to the entitlement resides i.e. both 7 or 8 and the 10 upgrade on another drive on the same machine.
- by not enforcing inheritance of OEM channel rather than creating a RETAIL channel on the upgraded Windows 10 installations
- by not making sure that COA product keys are tied to the original OEM machine before being eligible to install on another, dissimilar PC, with a similar relationship problem between windows 8Pro and 8MCE RETAIL keys from late 2012 offers each being able to give separate digital entitlement to different PCs;
and probably other anomalies.
I don't expect an authoritative answer to these inconsistencies here, and I would not expect anyone to put their career in jeopardy by putting these concerns to their supers, but whether or not these are the worries that have made Microsoft change their modus operandi re. 1511 distribution by ISO and MCT, I'd sure like to know how they are going to put this situation right!
I now have two PC's that have digital entitlements to both Home and Pro on the same PC. That's not supposed to happen as far as I know. Some of these issues will eventually disappear when the free upgrade offer expires. They will have to code out accepting 7 and 8 keys on clean installs after that period. I'm wondering how they will stop that though, if you already have an ISO that accepts them?
Even after the free upgrade year, there will be machines running Windows 10 that suffer motherboard failures. Windows 8 and 7 original RETAIL keys will have to be acceptable, and by the terms of the EULA in 10240 and 10586, all these windows 10 generic RETAIL keys we have upgraded to will also have to be valid to transfer - since, who can say they are not valid?
In a class action case, if it ever came to that, it would be down to Microsoft to prove that the upgrades came from OEM or Insider entitlement, since they supposedly keep the entitlement tokens (for want of a better description) on their activation server, and we do not have any proof except the terms of our licenses, which are clearly RETAIL channel, and supersede the license of the upgraded software.
Why not? You purchase a computer with Windows 8 Home and a Windows 8 Home product key in bios. Then you purchase an upgrade to Windows 8 Pro and enter that product key to upgrade. Does that mean that your Windows 8 Home, the key for which is in bios, becomes invalid? No. You just can't have both of them installed and activated at the same time (according to the EULA) but they both remain valid licenses.
So why wouldn't it be the same for Windows 10? You are entitled to upgrade the Windows 8 Home to 10 Home, and upgrade the Windows 8 Pro to 10 Pro - you just can't have them installed and activated at the same time (according to the EULA).
You purchase a computer with Windows 8 Home and a Windows 8 Home product key in bios. Then you purchase an upgrade to Windows 8 Pro and enter that product key to upgrade. Does that mean that your Windows 8 Home, the key for which is in bios, becomes invalid?
The upgrade supersedes the system upgraded from, and you have no entitlement to that license after upgrading at all except to revert back to the original within a reasonable time which is generally 30 days.
One license cannot become Two licenses, even if you don't use them at the same time.
You could however purchase a full Pro license and dual boot, and have entitlement to both the original Home and the Pro systems.
Absolutely false and incorrect. Proof:
Going back to Windows 7 or Windows 8.1 - Windows Help -
Applies to Windows 10
If it’s been less than a month since you upgraded to Windows 10, you can go back to your previous version of Windows by going to Settings > Update & security > Recovery and selecting either Go back to Windows 7 or Go back to Windows 8.1. This won't affect your personal files, but it will remove any apps you installed after the upgrade to Windows 10. Learn more.
If it’s been more than a month, this option won’t be available in Settings and you’ll need to use a different recovery option.
Then what is the difference between a Home to Pro upgrade and a full Retail Pro standalone?
Here's the clause from the Windows 8 upgrade EULA
"What about upgrading the software?
The software covered by this agreement is an upgrade to your existing operating system software, so the upgrade replaces the original software that you are upgrading. You do not retain any rights to the original software after you have upgraded and you may not continue to use it or transfer it in any way. This agreement governs your rights to use the upgrade software and replaces the agreement for the software from which you upgraded."