Windows 10: Is Windows Retail Version Upgrading to Win 10 OEM??

Discus and support Is Windows Retail Version Upgrading to Win 10 OEM?? in Windows 10 Support to solve the problem; I'm majorly happy. Verbal resolution agreed. Unable to comment further until confirmation email is received in my inbox. Very glad to hear. Please... Discussion in 'Windows 10 Support' started by WhyMe, Aug 7, 2015.

  1. Inundated Win User

    Is Windows Retail Version Upgrading to Win 10 OEM??


    Very glad to hear. Please share, when you can!
     
    Inundated, Aug 10, 2015
    #61
  2. NavyLCDR New Member

    Microsoft isn't the evil company that some people think. But I still believe Windows 10 is Skynet *Eek
     
    NavyLCDR, Aug 10, 2015
    #62
  3. This interests me too. I have yet to switch to WIndows 10 for this very reason as I currently have a Windows 8.1 retail licence and do not want to give up any transfer rights by taking advantage of the free upgrade. I look forward to hearing Microsoft's official position on the matter and hopefully an explanation of exactly how the licence transfer to new hardware will be done.
     
    wiggly1uk2000, Aug 10, 2015
    #63
  4. chemie Win User

    Is Windows Retail Version Upgrading to Win 10 OEM??

    so thread is marked as resolved but the OP never did say how?
     
    chemie, Aug 11, 2015
    #64
  5. wiggly1uk2000, Aug 11, 2015
    #65
  6. WhyMe Win User
    Nah, couldn't post until I had written confirmation.

    Update:
    I am currently in the process of doing a clean install with a newly generated Win10 Pro product key that Microsoft have just emailed me. I now have two licenses of Win10 for only the single purchase of Win8.1 retail!!! Well done Microsoft for listening!

    • License 1 = Win8.1 Pro Retail + Free promotional Win10 upgrade = Win10 Pro with full transfer rights until July 29 2016. On that day the license will be identified by Microsoft as preinstalled. You would now have a Win10 Pro licensed device, tied to the hardware for the lifetime of the device.
    • License 2 = Full standalone Win10 Pro license = Standalone Win10 Pro with permanent full transfer rights.

    *chuckle
     
    WhyMe, Aug 11, 2015
    #66
  7. PAL
    pal Win User
    The question is now: Were you just lucky, or is this going to be their standard procedure from now... Giving out Win10 product keys to all with a win7/8 retail license.
     
  8. Is Windows Retail Version Upgrading to Win 10 OEM??

    If that's possible for all WIndows 7/8/8/1 retail licence holders (who make an issue of it) then it would be welcome news indeed.
     
    wiggly1uk2000, Aug 11, 2015
    #68
  9. WhyMe Win User
    It definitely does not mean that every Win7 or Win8.1 Retail License holder will get a second free standalone Win10 license.

    It does mean that I offered valid arguments and directly referenced applicable law to support my assertions.

    Since they offered me a satisfactory settlement, I saw no point for me to proceed further and now consider the matter closed.

    A legal precedent has not been set as the case hasn't been presented to court. A judge has not made a decision on the validity of either the EULA or Microsoft internal policies with regard to the free promotional upgrade.

    In short, this means that Microsoft has not done anything wrong.
     
    WhyMe, Aug 11, 2015
    #69
  10. Mystere Win User
    It should be noted that regardless of how many Keys MS gives you, that does not legally give you multiple licenses.

    You only have a single license, and legally are only allowed to install it once. a Key != a License.
     
    Mystere, Aug 11, 2015
    #70
  11. WhyMe Win User
    Nope. They have agreed to give me a full second Win10 standalone license in addition to the Win10 license I already have via the promotional free upgrade. Having two fully independent Win10 licenses for no extra cost was the agreed resolution.

    The resolution:
    • I can install the Win8.1 Retail license and activate Win10 using the free promotional upgrade. The license will become tied to the device from 29 July 2016. I would still have the right to uninstall Win10 from that device so that I could transfer 8.1 to another device. I would no longer be able to upgrade the Win8.1 license on the new device to Win10 using the free promotional offer.
    • I would concurrently be able to clean install Win10 pro using the standalone product key received last night, on a device I choose and maintain full right of transfer for this license.
    • I can have Win10 Pro installed on two different devices even though I only paid for one. I have two independent licenses.
     
    WhyMe, Aug 11, 2015
    #71
  12. Mystere Win User
    Well, if that's the case, then I stand corrected, In this case. However, generally speaking, having a key is not equivalent to a license (after all, when you upgrade they give you a different key, even if its a generic one).
     
    Mystere, Aug 11, 2015
    #72
  13. WhyMe Win User

    Is Windows Retail Version Upgrading to Win 10 OEM??

    Microsoft Corporate HQ just phoned me while I was typing my previous post to confirm all of the above. They also added:
    • The points I raised about the EULA and internal policy also form part of the resolution. This has now been passed onto another department within Microsoft and it is possible the wording within the EULA will soon be changed after completion of the investigation by the relevant licensing and legal teams.
     
    WhyMe, Aug 11, 2015
    #73
  14. I don't need a second licence; just one that I can use the same way that I use my current 8.1 retail licence. In other words, with a key that allows free transfer to a new machine via a clean install. If I had that I'd stick with WIndows 10 and never have to install Windows 8.1 again. I only plan to use Windows 10 on one computer, it's just that I might renew the motherboard (and more) from time to time.
     
    wiggly1uk2000, Aug 11, 2015
    #74
  15. DonCapuco Win User
    I can second this. I don't need a second license and just want Microsoft to comply with the EULA they have created themselves.
    Microsoft offers a free upgrade to Windows 10 and has updated the EULA for Windows 10 in July 2015. The EULA states "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."
    I upgraded my Windows 8.1 retail to Windows 10 by accepting the EULA and because Windows 10 can be transferred according to the EULA.
    In my opinion, Microsoft cannot simply change the EULA after so many people have upgrade and take away the transfer rights. I paid for a retail license to have transfer rights.

    Maybe not a legal precedent, but a precedent has been set: they have given an extra key/license to the owner of a Windows 8.1 retail license after complaining about the inconsistencies between documentation and the EULA.
    So there is no reason for other retail license owners not to ask for the same treatment.
     
    DonCapuco, Aug 12, 2015
    #75
Thema:

Is Windows Retail Version Upgrading to Win 10 OEM??

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