Legal to use OEM UPGRADE disk on another manufacture pc

gregrocker · 27 Nov 2009

The mailed Upgrade kits appear to contain a clean copy of Win7 with key, along with an apps/drivers disk. MS has apparently dictated that these must be separate so that users have the option to clean install just the OS without any bloat.

However, judging by several kits we have received here, the keys will only work on the machine they are shipped for. We received one kit a week ago and tried to use it on another exact same Acer model but it would not take the key, while it installed from boot on the intended machine and activated exactly like a normal upgrade.

Acer Tech support told us their fulfiller scans the Upgrade Kit's OEM key sticker into the S/N account of the machine which then locks it to the Vista OEM license on mobo.

It would be interesting to have a thread here for others who are now receiving these Upgrade Kits promoted by MS to manufacturers to keep them selling Vista computers up to Win7 release. This turned out to be a very good idea for buyers since they now can clean install Win7 without the bloatware that is on new Win7 machines.

Barman58 · 27 Nov 2009

Personally I would, in this case, contact the original manufacturer's Customer Service Department, and relay the full facts of the case as you have done here.

As this incident was caused basically due to their faulty equipment and you were given these instructions by their agent, (the retailer), I'm certain they will appreciate being made aware of this.

Your actions even to the point of querying the validity of this disk here has been beyond reproach, and I salute you for this, I'd like to think that the manufacturer would do the same.

Whether you receive no thanks, a thank you, or even some other compensation will depend on the actual manufacturer, but I would not be surprised, If some sort of compensation was offered.

blankojames · 27 Nov 2009

So, i guess from what im hearing, this is not a MS issue but a OEM issue?

I email MS Tech support and they seem uncared about it and said if i was having OS problems to contact the OEM. they never said it would be in violation of the ELUA

Barman58 · 27 Nov 2009

The whole issue with support of OEM products by Microsoft is a long running battle - Microsoft supplies the OEM's with the software at a reduced with the express condition that all support responsibility passes to the actual OEM. his of course excludes the automated support available from on-line help and windows update which works exactly the same as a retail package

Quite often in real cases the OEM will still expect Microsoft to perform this support role for them - and the only person that really suffers is the end user

If you contact Microsoft with any issue that relates to an OEM product their staff are under strict instructions to give the answer you received.

The only exception to this that I have seen is when someone contacts Microsoft with information about organised counterfeit operations where OEM's breech the terms of their agreement with Microsoft.

In your actual case I would see that the only party that is to blame for the confusion here is actually the retailer - who's representative gave you bad advice, You are blameless in this as I think are the OEM and Microsoft

Drachenstein · 27 Nov 2009

kegobeer said:

blankojames said:

if it did would it be legal?

The upgrade media was for the original computer, provided by that manufacturer. It's not for use with any other system, especially not one from a different manufacturer.

For Germany (and due to the harmonizations I guess for all EC countries) the opposite is true.

The "bunding" of software is legally not acceptable. So from the legal point of view software can be used independant from any hardware.

See for details here: In-place upgrade with retail / OEM / OSB / SB versions?

regards,

Wolfgang

blankojames · 27 Nov 2009

aren't those lows country specific?

fishnbanjo · 27 Nov 2009

I purchased an OEM upgrade of W7 Professional 32 bit from someone who was not going to upgrade their Vista Professional 32 bit and did a fresh installation on my laptop and it went very well loading and launched in 35 minutes.

blankojames · 27 Nov 2009

is it the same brand computer?

Drachenstein · 27 Nov 2009

blankojames said:

aren't those lows country specific?

As i said: For Germany (and due to the harmonizations I guess for all EC countries) this law applies.

blankojames · 27 Nov 2009

Just called computer manufacture and asked them about the OEM upgrade disk and told them what the retailer said. They seem to have no problem with retailer saying that. But they said the OEM upgrade shipping department is on holiday so they would have to decide if they wanted it back or not. But then they told me that it was not illegal to install on another brand computer. Its just that it was only tested for the computer for which is was sent. But that it would work.