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

[Proximon]

Hi all, here's the deal.

I'm upgrading hardware, including the MB. I'm also wanting to install Win 7 Professional Upgrade on the new hardware.

On the current system we have:
XP Pro (OEM but it's transferable of course)
Win 7 64-bit Premium OEM

There is also an OEM version of Vista 64-bit tied to this machine, but not installed.

Since the MB, CPU, and RAM are all being replaced, it only makes sense to leave the Win7 OEM tied to the old hardware so it can continue to live on, so I'm not upgrading that version.

That leaves me with two possibilities. The Vista OEM isn't doing anything, and the XP pro is re-usable still...

So can I do a clean install of the upgrade on the new hardware, and then consider the Vista 64-bit OEM "burned"?
Or do I need to:
1. Re-install Vista on the old hardware.
2. Upgrade with Win 7 Pro 64-bit Upgrade.
3. Re-install on the new hardware.

Licensing clearly states that
-OEM version can be upgraded to full with upgrade media.
-Upgrade versions are full versions and can be transferred to new motherboards.

Yes, the whole MS licensing thing is complicated. I don't really blame them for that though. I just can't quite see how to do this right.
I suspect I would get different answers from different MS lawyers.

 

[Proximon]

Having re-read that I think I can put it more simply:

I have TWO OEM OSes tied to one machine.
I want to use the older one to upgrade to a full Win 7 Professional.
Upgraded OSes are fully transferable to new hardware, and I want to do that.
Can I skip all that and just consider the OEM version (no longer used) from one machine as replaced by the upgrade version on the other?

 

[gregrocker]

OEM's are tied to the motherboard, so if you change the motherboard they no longer will activate (unless you are granted an exception during MS Phone activation) nor do they qualify for using Upgrade version on the newer mobo.

If you have any other retail XP or Vista, you qualify to use the Upgrade version on the new mobo, or if MS grants an exception to activate the old OEM license on the new mobo, it would then logically qualify for using Upgrade version.

Any other questions?

 

[Proximon]

But according to everything I have read, an upgrade version of Win7 is transferable to a new motherboard. It doesn't say "except when based on an OEM version" anywhere.

I can use an XP license, that's not a big problem. Lot's of licenses around here. It's just that this particular license isn't being used, and is not likely to be used again.

From the Win 7 EULA
License Terms

15. UPGRADES. To use upgrade software, you must first be licensed for the software that is eligible for the upgrade. Upon upgrade, this agreement takes the place of the agreement for the software you upgraded from. After you upgrade, you may no longer use the software you upgraded from.

(my bold )


Seems to me that I am at least allowed to re-install vista on the hardware and then upgrade it, then wipe the drive and install it again on the new hardware.

 

[gregrocker]

Upgrade is indeed able to migrate as often as you wish for life.

However there must be a qualifying XP/Vista for each machine being Upgraded and if that were the OEM tied to a motherboard you're replacing, it seems it would not qualify any longer unless granted the exception by MS to keep Win7 OEM on a changed mobo - which we hear they do sometimes for retail OEM. (Factory OEM is handled by manufacturer replacing with same mobo).

But since you have plenty of retail full copies of XP/Vista then you have no worries, as under the EULA they qualify you on any machine as long as you don't use them again while they are serving as qualifying OS for Upgrade version.

 

[Bill2]

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?

 

[Zepher]

You can't do what you want with the Upgrade since both OEM's are tied to the current machine.
I would suggest just purchasing an OEM version of Win 7 Pro for $129 for the new hardware.
Newegg.com - Microsoft Windows 7 Professional SP1 64-bit 1-Pack - Operating Systems

 

[Jacee]

Purchasing an OEM version of Win 7 Pro will be tied to your new motherboard.

 

[Shootist]

Err, If I can butt in.

A upgrade version is GOOD on any hardware IF you have a qualifying previous version, and that includes OEM version, and that qualifying previous version is NOT being used on any other computer.
It doesn't matter if that previous version was installed on the hardware you are installing the upgrade on.
That is why you can move it from hardware to hardware.

Forget about new motherboards and the like.

If you had, NOT HAVE, a computer with a OEM version of almost any fairly current MS OS, I doubt Win 3.11 is accepted, and you take that PC out of service, it is no longer being used for anything, and BUILD a new rig you can legally use a upgrade version of 7 to install on that new RIG.

You are upgrading the OS and along with that the hardware.

 

[Zepher]

Err, If I can butt in.

A upgrade version is GOOD on any hardware IF you have a qualifying previous version, and that includes OEM version, and that qualifying previous version is NOT being used on any other computer.
It doesn't matter if that previous version was installed on the hardware you are installing the upgrade on.
That is why you can move it from hardware to hardware.

Forget about new motherboards and the like.

If you had, NOT HAVE, a computer with a OEM version of almost any fairly current MS OS, I doubt Win 3.11 is accepted, and you take that PC out of service, it is no longer being used for anything, and BUILD a new rig you can legally use a upgrade version of 7 to install on that new RIG.

You are upgrading the OS and along with that the hardware.

you are totally wrong.

 

[gregrocker]

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.

 

[Zepher]

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.

There was a discussion about OEM Windows on another forum and you are allowed to replace the mobo if the current mobo is damaged, so it is still based on the honor system when you call up to re-activate your OEM Windows.

 

[Shootist]

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.

 

[Zepher]

you can move the retail upgrade version from machine to machine, as long as the machine it is being installed on has a valid XP or Vista install.
Where did your OEM XP Pro come from? If it has never been installed, you can use this as your path to upgrade a completely new machine.

 

[Proximon]

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?

 

[Zepher]

OEM license can't be transferred once installed and activated, per the EULA.
If you move the upgrade, the old OEM version can be used on that original hardware.

 

[gregrocker]

+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.

 

[Bill2]

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.

 

[Proximon]

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.

 

[Bill2]

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.