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Windows 7
Astrocookie
__BANNED USERS regular
__BANNED USERS regular
So it's time for me to switch from the Windows 7 RC to the full windows 7.
I need to get the full version because I don't have any version of windows I can upgrade from.
The question is, does anyone know if the 1-Pack OEM versions of windows are full installations or upgrades? It's not very clear. Is there any difference from these and the retail versions I should know about? They seem significantly cheaper than spending 300 bucks on a full retail copy.
I need to get the full version because I don't have any version of windows I can upgrade from.
The question is, does anyone know if the 1-Pack OEM versions of windows are full installations or upgrades? It's not very clear. Is there any difference from these and the retail versions I should know about? They seem significantly cheaper than spending 300 bucks on a full retail copy.
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Astrocookie on
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From what I gather, Newegg and other retailers selling the OEM versions are breaking the license terms by selling the software without bundling it with a PC, but I have yet to hear of Microsoft going after them for it. That aside, it's a genuine license, and if you're purchasing it to install yourself with the intention of providing your own technical support for that machine you are almost good to go as far as the license is concerned. I say almost, because technically you are supposed to be doing this for a PC you intend to resell, but that seems like a comparatively minor issue.
Here (PDF link) are the licensing terms for OEM System Builder versions of Windows 7. The OEM System Builder versions have clear packaging though which you can read the License Agreement, and opening said package indicates your agreement.
Part 2 indicates that if you install this on your own machine then you aren't a System Builder (eventhough the term System Builder is not defined in the definitions section) because you didn't sell the installed machine to a third party. Section 5.a.ii describes the way a System Builder must install the software. Section 6 says the System Builder must affix the CoA label to the machine.
This article goes into detail about it.
So if you install the OEM version of Win7 on a machine you built and then you don't sell that machine to a 3rd party, then you are violating the Microsoft OEM System Builder License (NOT the Microsoft Windows 7 OEM EULA). It's confusing and I don't see the purpose for it other then limiting liability to Microsoft should you install this on your machine and for whatever reason it reverts to the un-activated state and you cannot activate it. Distributors aren't doing anything wrong in selling you this as the onus lies on whomever opens the package. Microsoft puts no onus on the software seller to verify that the purchaser is a System Builder.
Newegg isn't actually violating the OEM license. The license is provided under the terms that the system builder (namely, the person purchasing it from newegg) sells the system to someone else, and is not building a system for themselves. It's not up to newegg to enforce the license terms the system builder should be adhering to, since newegg is just selling an unopened OEM copy to a system builder.
It used to be (vista and earlier) that the system must be a newly built system, but who it was for was not tracked too closely in the license terms. Now, however, it is explicitly called out. That said, getting caught for this isn't exactly going to be a common occurrance, and you're not going to find microsoft beating down anyone's door.
That said, the OEM edition is either 32bit, or 64bit, and not both, but it is a full, non-upgrade, install. (not that you can upgrade an RC install in any meaningfully supported way, although it's not impossible to do.) If you've got any previous OS on the system (because you bought it from a store that gave it one), then you're ineligible for the license on the system in question. (that said, the upgrade should be comparably as cheap instead, get that. You just can't use the RC to qualify for the upgrade)
Just a bit of FYI to understand the issues with 32-bit and 64-bit OS upgrades and later options that may or may not be available to you later:
When upgrading from Windows Vista to Windows 7 you must upgrade the version currently installed within Windows Vista to the corresponding version in Windows 7. I.E. Windows Vista Home Premium to Windows 7 Home Premium; Windows Vista Business to Windows 7 Professional; and Windows Vista Ultimate to Windows 7 Ultimate. You also cannot upgrade a 32-bit operating system to 64-bit -- to migrate from 32-bit to 64-bit will require a custom install.
The architecture between the two is too drastically different to allow such a change. To learn more about the differences between a 32-bit operating system and 64-bit please go to the following link: http://windows.microsoft.com/en-US/windows-vista/32-bit-and-64-bit-Windows-frequently-asked-questions
I hope that helps you out!
You can also find lots of information on Windows 7 here in our Springboard website:
http://technet.microsoft.com/en-us/windows/default.aspx
Thanks again,
John M.
Microsoft Windows Client Support