Upgrading from Windows XP Pro to Windows 7 Pro - Media
I've searched and read lots of information on this site and others and still have an unanswered question: Can I use an OEM Dell reinstallation DVD to upgrade my Dell computer currently running Windows XP Pro to Windows 7? My Vostro meets the hardware requirements to run Windows 7 32 bit and I understand the process for installing Windows 7 Pro (custom install required), but I purchased a Dell branded OEM Windows 7 DVD with COA and product key from an online retailer, and when it arrived it's a "reinstallation DVD". Will this media work?
"AFAIK it's still legal to sell OEM disks and genuine COAs bundled together, although Congress banned selling COAs by themselves about a decade ago. Where they come from, I don't know, but it may be from the surplus stock of dealers who subsequently went out of business and subsequently had their inventories liquidated."
NOT Dell (or other BRANDED OEM) COA's, which is what we are talking about. You will never find a Dell COA sold "legitimately" (which was the issue at hand).
"No, it's not illegal in every country; for example, Germany allows OEM licenses to be transferred between machines, and the EU Court recently ruled that software licenses can be transferred even if the software vendor's terms forbid it."
Ok, but that's not what we're talking about either. Using a Dell Windows 7 DVD to "upgrade" a system licensed for XP is what we are talking about, which is NOT OK, as far as I know, in ANY country.
Flash, thanks for the reply. Are you saying this is a license issue? As I understand it, since I have a licensed copy of Windows on this computer, any new copy will become licensed. Or, are you saying that the software just won't work?
No, your license licenses only that computer, only for that version of Windows - not newer versions and not older versions (except 'Pro' under 'downgrade' rights to previous versions).
Are you saying this is a license issue? As I understand it, since I have a licensed copy of Windows on this computer, any new copy will become licensed.
He's saying the license will work but will be technically invalid, because it is for use with a particular new Dell PC. The key will activate and stay activated, but technically you will be in violation of the Windows OEM licensing terms. It's all on the honor system, though. :emotion-5:
Technically, the only valid Windows versions you can use are retail upgrades and retail full copies. The half-price OEM versions Newegg and Amazon sell by the boatload are supposed to be bundled with new PCs by system builders, but again, that is on the honor system.
The ONLY thing that your existing license entitles you to is a discounted "upgrade" version of Windows (rather than purchasing the more expensive "full" version).
"violation of the Windows OEM licensing terms. It's all on the honor system"
And before you read a justification in this statement, know that using the OEM media in this way is illegal. It does not simply violate some software's agreement, it is software piracy and is illegal in every country. True, Microsoft does not often (not 'never') pursue rogue individual users for licensing violations, but a person's view on the 'fairness' of business policy by Microsoft does not further entitle a user to abuse the system (this is not directed at either of you, specifically - I'm just saying, it's not 'just' the honor system, so it is ok to do it).
Dell Windows 7 COAs should not be sold without a Dell computer which has a certified Dell BIOS for Windows 7. i.e. system locked preinstallation will be invalid on your computer so the Reinstallation DVD will not automatically activate.
Moreover the COA may or may not be unique. Some sellers will copy the COA multiple times aswell as the DVDs so you may have manual activation issues if another person has purchased an identical COA with the same key.
Dell Windows 7 COAs should not be sold without a Dell computer which has a certified Dell BIOS for Windows 7. i.e. system locked preinstallation will be invalid on your computer so the Reinstallation DVD will not automatically activate.
AFAIK it's still legal to sell OEM disks and genuine COAs bundled together, although Congress banned selling COAs by themselves about a decade ago. Where they come from, I don't know, but it may be from the surplus stock of dealers who subsequently went out of business and subsequently had their inventories liquidated.
It does not simply violate some software's agreement, it is software piracy and is illegal in every country.
[quote user="natakuc4"]Dell Windows 7 COAs should not be sold without a Dell computer which has a certified Dell BIOS for Windows 7. i.e. system locked preinstallation will be invalid on your computer so the Reinstallation DVD will not automatically activate.
AFAIK it's still legal to sell OEM disks and genuine COAs bundled together, although Congress banned selling COAs by themselves about a decade ago. Where they come from, I don't know, but it may be from the surplus stock of dealers who subsequently went out of business and subsequently had their inventories liquidated.
[/quote]
Yes generic OEM licenses but Dell branded OEM ones, without Dell hardware seems more questionable.
The OEM-branded ones are probably acquired via liquidation sales, which explains the limited quantities, while the generic ones are still being produced and can be bought in limitless amounts. Newegg is still selling boatloads of the latter.
I just checked Newegg and Amazon, and the retail versions of Windows 7 are gone. The purists should note that only retail upgrade or retail full versions are acceptable for end-user installation under the Windows license terms. Those are not longer produced, and thus can only be had at inflated prices used or old-stock. Meanwhile, 'system builder' copies are still being produced and sold; technically they are sold for the purpose of bundling with newly-built PCs, and direct end user purchase and use is in violation of the license terms.
There are also 'refurbished' licenses available, but AFAIK those can only be bundled with used PCs that are acquired and resold by Microsoft-licensed businesses specifically engaged in that line of business.
theflash1932
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Posted January 26th, 2014 13:00
"AFAIK it's still legal to sell OEM disks and genuine COAs bundled together, although Congress banned selling COAs by themselves about a decade ago. Where they come from, I don't know, but it may be from the surplus stock of dealers who subsequently went out of business and subsequently had their inventories liquidated."
NOT Dell (or other BRANDED OEM) COA's, which is what we are talking about. You will never find a Dell COA sold "legitimately" (which was the issue at hand).
"No, it's not illegal in every country; for example, Germany allows OEM licenses to be transferred between machines, and the EU Court recently ruled that software licenses can be transferred even if the software vendor's terms forbid it."
Ok, but that's not what we're talking about either. Using a Dell Windows 7 DVD to "upgrade" a system licensed for XP is what we are talking about, which is NOT OK, as far as I know, in ANY country.