Why buy a retail version?

[SIW2]

We don't have those restrictions.

 

[Dipsy]

Yes, I'm aware of the "OS previously installed" limitation of the OEM licence but I have had no problems with that having built several systems myself.

I think your statement "I'm not sure there is a cut dry explanation available." probably is correct. If a Windows 10 Retail licence is the same as it was for Vista and Windows 7 then you would be allowed to move it to another machine. But Microsoft hasn't exactly been clear about neither licences nor the question about Windows as a Service which has a roll in this.

Beginning to think Microsoft doesn't knows the answers themselves.

The free upgrade is married to the first machine it is installed on and cannot be moved to another machine. A major hardware change such as a motherboard will be viewed as a new machine by the free upgrade and it will not activate or function. The Windows license agreement states that a stand alone version can be transferred to another machine or even a person provided it is removed from the current machine it is installed on. Pull up a run command and enter winver and it will show your currently installed version information and should also have the license information available. For some reason the copy/paste option is not working on my Windows 10 install or I would post the applicable portion of the license.

 

[MrNiceButDim]

The free upgrade is married to the first machine it is installed on and cannot be moved to another machine. A major hardware change such as a motherboard will be viewed as a new machine by the free upgrade and it will not activate or function. The Windows license agreement states that a stand alone version can be transferred to another machine or even a person provided it is removed from the current machine it is installed on. Pull up a run command and enter winver and it will show your currently installed version information and should also have the license information available. For some reason the copy/paste option is not working on my Windows 10 install or I would post the applicable portion of the license.

Yes, I agree to what you say but it doesn't contradict anything I have said.

 

[Nibiru2012]

When one purchases the standard retail version of the Windows OS, regardless of whether it's 7, 8, 8.1 or 10 it's yours to use as one desires as long it's on only ONE machine. However MS allows you to transfer it to another machine, but only ONE machine, no more. For example, you updated your DELL laptop with Windows 7 Home to Windows 8.1 Pro and ran it for several months on that DELL laptop. Then you decided to build yourself a custom desktop computer with all kinds of "tricked out" state of the art hardware and loaded your retail copy of Windows 8.1 on it. As a result of this you cannot run it anymore on the DELL laptop and must revert it back to it's original Windows 7 Home. That's easy to do though because the KEY is on a sticker on the bottom of the laptop and now you just need to install Windows 7 Home and use the original KEY from the sticker.

When you purchase an OEM version (which is for system builders regardless of whether you're LENOVO or Billy Bob's Computers) that specific key is TIED to that machine... period. No if's and's or but's about it. Now if you change the hard drive or SSD due to failure or a desire to upgrade then one must contact MS tech support to get the key reactivated. Same goes for a motherboard change out. I know first hand because this has happened to me years ago on both XP and Windows 7 Pro. Now just about anybody is able to purchase the OEM version of Windows as long as they buy a piece of hardware along with it. Some vendors both B&M and online require any hardware such as a cable or some other part. Others require you to purchase a new HDD or SSD or a CPU (these vendors are few and far between).

The same goes for the MS free upgrade offer of Windows 10. The upgrade is TIED to that specific machine... period!
Similar to the way an OEM version is handled.
Also notice some versions of Windows are excluded from this offer. Basically the Enterprise versions and RT.

From the MS Info page:

Windows Offer Details
Yes, free! This upgrade offer is for a full version of Windows 10, not a trial. 3GB download required; internet access fees may apply. To take advantage of this free offer, you must upgrade to Windows 10 within one year of availability. Once you upgrade, you have Windows 10 for free on that device.

Windows 10 Upgrade Offer is valid for qualified Windows 7 and Windows 8.1 devices, including devices you already own. Some hardware/software requirements apply and feature availability may vary by device and market. The availability of Windows 10 upgrade for Windows Phone 8.1 devices may vary by OEM, mobile operator or carrier. Devices must be connected to the internet and have Windows Update enabled. Windows 7 SP1 and Windows 8.1 Update required. Some editions are excluded: Windows 7 Enterprise, Windows 8/8.1 Enterprise, and Windows RT/RT 8.1. Active Software Assurance customers in volume licensing have the benefit to upgrade to Windows 10 enterprise offerings outside of this offer. To check for compatibility and other important installation information, visit your device manufacturer’s website and the Windows 10 Specifications page. Windows 10 is automatically updated. Additional requirements may apply over time for updates.

From the Windows Q&A Page:
What if I have more than one Windows device—can I upgrade them all?
Yes, you can get a free upgrade1 for each of your eligible Windows devices. All you need to do is open the Get Windows 10 app and click “Reserve” on each of your devices.

You can also upgrade multiple devices by using a USB drive. This is helpful if you only want to download the installation files once, and don’t mind manually beginning the upgrade on each device.

The above only applies if you have two or more machines running either Windows 7, 8, or 8.1.


From the Windows Q&A Page:
Can I reinstall Windows 10 on my computer after upgrading?
Yes. Once you’ve upgraded to Windows 10 using the free upgrade offer, you will be able to reinstall, including a clean install, on the same device. You won’t need a product key for re-activations on the same hardware. If you make a meaningful change to your hardware, you may need to contact customer support to help with activation. You’ll also be able to create your own installation media like a USB drive or DVD, and use that to upgrade your device or reinstall after you’ve upgraded.

Notice above they state basically the same provisions that come with an OEM version of Windows.

Basically ALL of people's questions are answered at the Windows 10 FAQ & Tips webpage. It's easy to understand and MS explains just any question a user may have in mind. Click on the above link.

 

[SIW2]

"When you purchase an OEM version (which is for system builders regardless of whether you're LENOVO or Billy Bob's Computers) that specific key is TIED to that machine... period. No if's and's or but's about it."



If an item is bought (as opposed to rented), the right of distribution passes to the buyer.

Basic principle of international copyright law.
That is why you can sell/give away/move the item you have bought. Car, dvd, software, there is no difference.
It doesn't matter what marketing term is used, retail/oem /whatever.

 

[Nibiru2012]

I am afraid that you're sorely mistaken on this matter. We're talking a software operating system.

The OEM version usage rights are completely different versus a retail version.

Apparently you've never read the "fine print" on OEM purchases of Windows.

From the MS Answers Page:

OEM versions of Windows 7 are identical to Full License Retail versions except for the following:

- OEM versions do not offer any free Microsoft direct support from Microsoft support personnel

- OEM licenses are tied to the very first computer you install and activate it on

- OEM versions allow all hardware upgrades except for an upgrade to a different model motherboard

- OEM versions cannot be used to directly upgrade from an older Windows operating system
(The above means a clean install must be done, not an upgrade install.)

OEM licenses are to be installed by professional system manufacturers only. Under Microsoft's OEM License Agreement, they are not to be sold to end-users under any circumstance, and are to be preinstalled on a computer using the OEM Preinstallation Kit (OPK) before shipment to the customer, and must include at the very least the manufacturer's support contact information. They are, therefore, designed for installation only on a single computer and are not transferable, even if the original computer is no longer in use. This is not usually an issue for users who purchase new computer systems, because most pre-assembled systems ship with a preinstalled operating system. There are few circumstances where Microsoft will allow the transfer of an OEM license from one non-functioning system to another, but the OEM System Builder License Agreement (SBLA), as well as the OEM End User License Agreement (EULA) do not contain any allowance for this, so it is entirely up to Microsoft's discretion, depending on the situation

 

[SIW2]

If it said Nibiru2012 is Mickey mouse, would you believe it?

If you look properly at MS literature, there will be something to the effect :

The laws in your country apply, everything else is just wishful thinking.

Restraint of trade is not allowed in a civilised country. Certainly not in the UK,

It is not allowed in the EU either. Here is just one example from the European Court of Justice ( You can't get any higher than that) :

Court of Justice of the European Union
Judgment in Case C-128/11

"Where the copyright holder makes available to his customer a copy – tangible or intangible – and at the same time concludes, in return for payment of a fee, a licence agreement granting the customer the right to use that copy for an unlimited period, that rightholder sells the copy to the customer and thus exhausts his exclusive distribution right.

Such a transaction involves a transfer of the right of ownership of the copy. Therefore, even if the licence agreement prohibits a further transfer, the rightholder can no longer oppose the resale of that copy."

 

[Nibiru2012]

I'm just trying to be helpful and you're being obtuse and specious.

 

[SIW2]

I am sure you are trying to be helpful. You are not the first to be misled.

Buying involves transferring ownership of the item - therefore the purchaser can move/sell/etc the item.

There are plenty of people and some quite large companies selling second hand software all round the world. Big buyers are government departments, Mayors offices, hospitals, Police forces, etc. They also sell their used software. Individuals do it as well.

 

[clifford_cooley]

I am sure you are trying to be helpful. You are not the first to be misled.

Preaching about Microsoft's intended use of their license is not being misled or misleading. Legal stand points are irrelevant, it is more of a moral obligation to uphold the terms of licensing.

 

[Nibiru2012]

Preaching about Microsoft's intended use of their license is not being misled or misleading. Legal stand points are irrelevant, it is more of a moral obligation to uphold the terms of licensing.

THANK YOU! Mr. Cooley! It's appreciated!
We've know each other for quite a few years now and rarely if ever have either of us been mislead!

That's because we actually READ what is written and printed! We understand what is stated.

This gentleman is trying to tell me about the buying process... I was in sales for over thirty years and in purchasing too. I have a marketing degree so I don't need to be lectured about the intricacies of buying and selling.

Meanwhile... back at the ranch Sky King and Penny are warming up the Songbird for another thrilling adventure!

 

[SIW2]

I am glad you all understand now that when an item is bought rights of distribution pass to the purchaser.

Are you now saying that although the buyer has the right to distribute as they see fit, MS would like them not to?

 

[clifford_cooley]

Are you now saying that although the buyer has the right to distribute as they see fit, MS would like them not to?

Just because you have a License to drive, doesn't mean that license can not be revoked (meaning you don't own it). I think you are trying to give a license, a definition for which it does not have.

 

[SIW2]

Read the ECJ ruling a few posts up. It couldn't be clearer.

 

[clifford_cooley]

Just to be clear there is nothing stopping anyone from selling their license as long as the hardware for which is was bound goes as well.

 

[SIW2]

It is not bound.

 

[Nibiru2012]

The MOD needs to close this thread as it's become ad infinitum ad nauseum.

This person is just trolling and that all it is.

 

[Ian]

The answer to the question may well depend on where in the world one is based - the EU has made some big changes to software licensing laws in the past decade or so (refunds for digital software, license ownership, etc...) which will only apply to EU residents. It'll be much more clear cut in the USA and other countries. These changes may be why software is preinstalled to off-the-shelf PCs, with no OS restore disks provided.

I don't know the answer to the question, as I can see the Microsoft say one thing and EU law requires another - but that's not exactly a rare thing for any situation . I'll see if I can get an answer from an MS rep in the EU to get an official position on how things work on this side of the pond.

From what I can tell so far, here is the Microsoft take on things (below). If EU law is different to this, it would likely take some effort to make sure it is enforced by MS licensing. Note that there isn't a distinction between OEM and retail, just pre-installed and stand-alone.

Transfer. The provisions of this section do not apply if you acquired the software as a consumer in Germany or in any of the countries listed on this site (aka.ms/transfer), in which case any transfer of the software to a third party, and the right to use it, must comply with applicable law.
a. Software preinstalled on device. If you acquired the software preinstalled on a device (and also if you upgraded from software preinstalled on a device), you may transfer the license to use the software directly to another user, only with the licensed device. The transfer must include the software and, if provided with the device, an authentic Windows label including the product key. Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software.
b. Stand-alone software. If you acquired the software as stand-alone software (and also if you upgraded from software you acquired as stand-alone software), you may transfer the software to another device that belongs to you. You may also transfer the software to a device owned by someone else if (i) you are the first licensed user of the software and (ii) the new user agrees to the terms of this agreement. You may use the backup copy we allow you to make or the media that the software came on to transfer the software. Every time you transfer the software to a new device, you must remove the software from the prior device. You may not transfer the software to share licenses between devices.

Source: http://www.microsoft.com/en-us/Useterms/OEM/Windows/10/UseTerms_OEM_Windows_10_English.htm