I thought I understood Windows licensing, but this has me a bit stuck

Must be XP or Vista to qualify for Upgrade version. MS dropped Win2000 before 7 release.

Mobos do matter as under the EULA they cannot be changed and still maintain OEM version activation - unless you're lucky enough to get an exception from MS phone activation agent, or your factory OEM replaces with same mobo or some other trick.

If you lose activation on OEM due to mobo change, then it does not continue qualifying you to run Upgrade version under the EULA.

This may all be on the honor system, but we offer what's legal under the EULA here.

So what you are saying is a OEM is not good as a qualifying previous version even if the PC it was installed on is no longer in service.
And also what you are saying is that a upgrade version is only good to upgrade a PC that the OEM version came on.
But yet you can move a upgrade version to different hardware.
Well I don't think you can have it both ways.

I don't think so and I will continue to use upgrade versions of MS OSs on new hardware when the previous qualifying version, OEM or not, is no longer in service.

So answer me this. I have a OEM version of XP Pro that was never installed on any PC. So what you are saying is that OEM copy of XP is no good for use as a qualifying previous version.

The only full version of any MS OS I have ever purchased was Win 3.11. All others have been upgrade versions or OEM versions. And as far as I'm concerned I have not broken any laws.

Bill2 said:

Err...if I can just butt in. Proximon can you please explain in simple terms:

1) are you talking about a single computer or multiple computers?

2) do you have a dual boot setup with xp and win7 are did you upgrade/clean install from xp to win7?

3) Do you mean the vista was originally installed on this computer but is no longer installed?

1) Just a single computer.
2) I have multiple HDs for the computer. Win 7 64-bit OEM and XP Pro are on separate drives. The XP Pro is an older one and has been on various builds with no activation issues. I do have access to other unused XP licenses also as this machine is used for work, if I need one of those. Also I think we have a few Vista Licenses.
3) Yes the Vista 64-bit OEM was a prior OS I had installed on the system but I replaced it with Win 7
This is all kind of for discussion purposes only at this point. I have already broken the old hardware down and am using the XP for the new Win 7 upgrade installation on the new hardware.
I understand the points made but they DO create a further issue.
If only the UPGRADE can be transferred to new computer, what about the OEM license it ate? Suppose I had used OEM Vista to upgrade the old system, and then transferred the upgrade to a new system? Does the OEM Vista suddenly become valid on the original hardware again?

+1. The EULA only requires you not use the qualifying OS while it is qualifying for Upgrade version, which I'm sure would come as news to most of the Dual Booters we help here.

Shootist you pose an interesting dilemna with the never-installed OEM which would surely qualify for Upgrade version. I also see your point of view about OEM technically "not being used" as required by the EULA if it dies with a mobo change, but it seems logical that it's usefulness as a qualifying OS would die as well.

Think I'll defer to our top activation expert Bill2 on this since he's never been wrong that I know of, and I've learned much of this from him anyway.

This is not the first time this question has been raised. Unfortunately MS has desisted from providing clear answers.

My working logic is that a COMPLETE license is the sum total of the BASE license and the UPGRADE license. If the base license is immoveable (as OEM licenses are), the COMPLETE license cannot be moved from the original hardware. This means the UPGRADE license itself can be migrated to another computer (after removal from the first computer) but would require its own base license to be valid.

EULA-wise, the Upgrade EULA says it takes over from the agreement for the base software. But as per the OEM EULA the software license is permanently assigned to the computer with which the software is distributed. It is not clear which one prevails.

Practically speaking, reusing the upgrade key after removing it from the original computer will work. As we know there is a workaround available for clean installing on a blank hard drive with upgrade media that works on the honor system.

Thanks Bill2, I'm a lot better with everything now. Ed Bott wrote an article at ZDNet a while back with a nice chart showing the upgrade version as transferable, and I guess I just started out with the wrong assumption on that.

I finally got everything up and running.

Proximon said:

Thanks Bill2, I'm a lot better with everything now. Ed Bott wrote an article at ZDNet a while back with a nice chart showing the upgrade version as transferable, and I guess I just started out with the wrong assumption on that.

I finally got everything up and running.

Great. Good luck! Hopefully, win8 will have a more straightforward licensing system.