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Is Your Windows 7 Install Illegal?

#1 User is offline   PCWorld 

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Posted 29 October 2009 - 08:07 AM

Post your comments for Is Your Windows 7 Install Illegal? here
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#2 User is offline   MikeLevine 

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Posted 29 October 2009 - 08:32 AM

Microsoft's EULA doesn't make sense. I own a Dell E520 purchased from Dell in November 2006. It has the original licensed copy of XP Professional installed.

I purchased Windows 7 Professional upgrade in June 2009 for $99 from Amazon.

On October 22nd, the DVD arrived and low and behold when I went to upgrade the software installer said that I could not upgrade my computer and that I would need to do a fresh install instead.

After backing up everything I then did a fresh installation of Windows 7. Microsoft can't be serious to quibble over a process that they created in the first place.

To exacerbate the issue further, I had also purchased two other Window 7 Pro upgrade DVDs (from Amazon) for the rest of my family who own Dell laptops with Vista home. When I went to upgrade those laptops, same message. I had to back everything up and do a fresh installation.

I think everyone who is not very happy with the EULA for Windows 7 should get together and take class action litigation against Microsoft to change the EULA. It's seriously unreasonable to even suggest that any of my Windows 7 installations at home are somehow "illegal" because we chose the upgrade path that wouldn't upgrade, but instead insisted that the installation had to be fresh (eg., blank hard drive) which is also allowed by the Upgrade version of Windows 7.
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#3 User is offline   CJ100570 

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Posted 29 October 2009 - 08:53 AM

View PostMikeLevine, on 29 October 2009 - 08:32 AM, said:

Microsoft's EULA doesn't make sense. I own a Dell E520 purchased from Dell in November 2006. It has the original licensed copy of XP Professional installed.

I purchased Windows 7 Professional upgrade in June 2009 for $99 from Amazon.

On October 22nd, the DVD arrived and low and behold when I went to upgrade the software installer said that I could not upgrade my computer and that I would need to do a fresh install instead.

After backing up everything I then did a fresh installation of Windows 7. Microsoft can't be serious to quibble over a process that they created in the first place.

To exacerbate the issue further, I had also purchased two other Window 7 Pro upgrade DVDs (from Amazon) for the rest of my family who own Dell laptops with Vista home. When I went to upgrade those laptops, same message. I had to back everything up and do a fresh installation.

I think everyone who is not very happy with the EULA for Windows 7 should get together and take class action litigation against Microsoft to change the EULA. It's seriously unreasonable to even suggest that any of my Windows 7 installations at home are somehow "illegal" because we chose the upgrade path that wouldn't upgrade, but instead insisted that the installation had to be fresh (eg., blank hard drive) which is also allowed by the Upgrade version of Windows 7.



I ran into the same issue installing Windows 7 for a friend. Microsoft is clearly trying to pad their pockets by making consumers think that they need to buy a pricier version of Windows 7 in order to do the upgrade. They created the process and thus the problem.
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#4 User is offline   jinx101 

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Posted 29 October 2009 - 09:00 AM

I'm a Windows fan, I'll admit, but this is kind of BS. If you already own XP or Vista... you _are upgrading_ from a version of Windows, even if you do a clean install. Damn near 90% of the market is still running Windows, it probably came with their computer so nearly everyone will be doing an upgrade.

Of course, the EULA defines what an "upgrade" is to Microsoft but it's stuff like this that irritates users. I'm lucky I got my copy through a volume license I guess. ;P
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#5 User is offline   pcampagna 

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Posted 29 October 2009 - 09:01 AM

Wow, after everything i've read n the last few weeks about windows 7 it is just a service pack for vista and it's a pain in the a$$ to get it on a computer unless you do a clean install which isn't an upgrade in my opinion. If you loose all your programs and files, that not upgrading.

I'll pass on Vista's service pack and wait till i buy a computer that already has it installed so i can avoid the headaches...
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#6 User is offline   jcl3341 

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Posted 29 October 2009 - 09:13 AM

View PostMikeLevine, on 29 October 2009 - 08:32 AM, said:

Microsoft's EULA doesn't make sense. I own a Dell E520 purchased from Dell in November 2006. It has the original licensed copy of XP Professional installed.

I purchased Windows 7 Professional upgrade in June 2009 for $99 from Amazon.

On October 22nd, the DVD arrived and low and behold when I went to upgrade the software installer said that I could not upgrade my computer and that I would need to do a fresh install instead.

After backing up everything I then did a fresh installation of Windows 7. Microsoft can't be serious to quibble over a process that they created in the first place.

To exacerbate the issue further, I had also purchased two other Window 7 Pro upgrade DVDs (from Amazon) for the rest of my family who own Dell laptops with Vista home. When I went to upgrade those laptops, same message. I had to back everything up and do a fresh installation.

I think everyone who is not very happy with the EULA for Windows 7 should get together and take class action litigation against Microsoft to change the EULA. It's seriously unreasonable to even suggest that any of my Windows 7 installations at home are somehow "illegal" because we chose the upgrade path that wouldn't upgrade, but instead insisted that the installation had to be fresh (eg., blank hard drive) which is also allowed by the Upgrade version of Windows 7.

Microsoft has clearly stated for the past few months that you CANNOT do a simple 'upgrade' from XP to Windows 7 where it simply migrates all your files and preferences, it must be a clean install. Just because you do a clean install with the disc to upgrade from XP doesn't mean that this violates the EULA. Unless you follow the procedure circulating around the web to hack the installation process, a clean install from an upgrade disc on a hard drive that already contains XP or Vista is perfectly legal. I'm not sure why the upgrade disc prompted you to do a clean install from Vista, unless you were upgrading from 32-bit to 64-bit (or vice versa) or from Vista Ultimate to Win7 Pro. Again, these are upgrade scenarios that Microsoft has stated will require a (legal) clean install, even if "upgrading."
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#7 User is offline   adaml223 

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Posted 29 October 2009 - 09:30 AM

This EULA doesn't make sense at all. I can't upgrade either, because I'm going from Vista Ultimate to 7 Home Premium. So I must do a clean install. The OS came preinstalled on my pc, so I don't have any discs that would prove ownership. Draconian DRM is ridiculous.
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#8 User is offline   Vandrare 

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Posted 29 October 2009 - 09:32 AM

After all of the money I've spent on M$ software over the years I'll install windows7 anyway I need to to get it to work. If M$ has a problem with that they can write me a refund check for this and the three worthless copies of Vista I own. Since switching to OSX I would have no problem if I never used windows again.
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#9 User is offline   mrwhite 

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Posted 29 October 2009 - 09:45 AM

Mac OS X Family pack, istalls on 5 computers and still costs less than Windows. MS is lame, just like their OS is.
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#10 User is offline   sickpup 

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Posted 29 October 2009 - 09:48 AM

If you are worried about upgrading from anything other than XP or Vista just buy the full OEM version. Or just be like 50% (probably a little low) of the rest of the world and download a version of your choice via torrent and install the BIOS patch. Then it's free! If your going to be a pirate and least go all out with the patch, peg leg, parrot, and hat!
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#11 User is offline   PCMan4ever 

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Posted 29 October 2009 - 09:52 AM

Did anyone actually read the pages at Microsoft and other places that state what you can upgrade and how to do it?

Or just assume that when you got a box labeled "upgrade" that it would magically do all the work for you?
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#12 User is offline   sickpup 

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Posted 29 October 2009 - 09:54 AM

View Postmrwhite, on 29 October 2009 - 09:45 AM, said:

Mac OS X Family pack, istalls on 5 computers and still costs less than Windows. MS is lame, just like their OS is.


Actually OSX Family Pack is way more expensive. Average windows desktop is about $600. Apple equivilent Mac Pro is about $2300. Windows 7 Home Premium Upgrade (3-pack) = $169 through amazon. Mac OSX Family pack for 10.5.6 is $225 for 5 users in the same household (if you outside the house computers it's illegal). So the pack may be a little cheaper but the cost of the computers and the OS favors Windows. Plus Microsoft offers free upgrades with service packs and bug patches every week. Mac rarely patches critical bugs and each .X update costs another $199. Score 1 for Microsoft!

This post has been edited by sickpup: 29 October 2009 - 09:57 AM

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#13 User is offline   jcl3341 

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Posted 29 October 2009 - 09:54 AM

Doesn't anyone read requirements for the upgrade procedure? Don't you already back up your files (because you should), so it won't be a problem to do a clean install? I'm sick of people whining about not being able to do something that Microsoft already has stated on their website and has been on the internet for months. I would NEVER want to do an upgrade even if it were possible. Too risky, too many problems, and a clean install takes much less time. If you don't like Windows or Microsoft, switch to Mac OSX or Ubuntu, Microsoft isn't forcing you to do anything.
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#14 User is offline   buddesatva 

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Posted 29 October 2009 - 10:05 AM

When will I receive my FREE upgrade from Vista. Can't wait to get started with Win 7. No one should pay a single penny for this upgrade and anyone who does is being taken. I have Vista, no complaints really. It runs terrific on 64 bit machine that it was designed for, but I would like the option of Win 7. No payment will be forthcoming. Win 7 is a fix and no cost should be associated with it.
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#15 User is offline   Foobard 

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Posted 29 October 2009 - 10:21 AM

Violating a EULA is not illegal, whether it is an Apple EULA or a Microsoft EULA. It is a civil matter, so the worst they could do is sue. Let's use the right terminology.

But, of course, exaggerated claims in the title of a post or article = more page views and more money for the writer.

And troll commenters who insist that a $600 budget pc is equivalent to a $2300 Apple Mac Pro are ridiculous. If you do a honest feature by feature comparison, you will find that that $600 pc, after you add in all the upgrades that Apple includes, isn't much cheaper. (At least with the MacBook Pro 13", I've found.) Now if you are happy with the minimal experience that a $600 pc offers, then go ahead, buy it. You would be silly to buy an Apple.
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#16 User is offline   JadeTheDog 

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Posted 29 October 2009 - 10:29 AM

View PostPCWorld, on 29 October 2009 - 08:07 AM, said:

Post your comments for Is Your Windows 7 Install Illegal? here

What about this possibility? You have a PC with Vista pre-installed. You have partitioned part of your hard drive so that you can do a clean install in the new partition. You use the upgrade to do the clean install on the new partition, then delete the old partition that had Vista. Does that make you a pirate?
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#17 User is offline   SnTholiday 

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Posted 29 October 2009 - 10:53 AM

What about those who were or are running the Windows 7 RC? Are we supposed to reinstall our copy of Vista or XP before we can continue with the Win 7 RTM upgrade? I have a Compaq laptop that came with Vista Home Premium pre-installed, I installed the Win 7 beta and RC and never looked back. I then bought the Win 7 upgrade deal for $49.99. I had to do a clean install since I was running the RC or there can be problems.

MS is going to turn the praise they have been receiving for Win 7 into disgruntled customers if they start to call them pirates.
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#18 User is offline   WinTard 

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Posted 29 October 2009 - 11:39 AM

Only this stupid article and its author are bozos. You paid for the upgrade and / or install license. You got it. PERIOD.

There is nothing illegal about that. PERIOD.

The fact Microsoft can't 'upgrade' (in computer terminology, not EULA terminology) a 32-bit os to 64-bit and you must do a clean install... So what?

You paid for it. You are OK. PERIOD.

I doubt Microsoft is going to sue end users for $30 or so over what idiotic articles such as this one creates...

http://www.microsoft.../windows-7.aspx

Yes, the Windows 7 Pro x64 or x86 is $29.99.

If you want to know for sure about understanding the EULA, consult a LAWYER. But it'll cost you more than Windows itself...

Otherwise, just buy whatever they sell you, and hang on to the receipt as well. Then use your best judgement to use in goodwill what you thought you purchased.

Disclaimer: I AM NOT A LAWYER. If you want to be sure, consult a LAWYER... But sure of what?

Reinforcement: This article is just a cry wolf! What a load of crap!
Disclaimer: This is just my humble opinion -- In a free world, is everyone is entitled to their own opinions?
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#19 User is offline   yourstrulymichael9999 

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Posted 29 October 2009 - 12:26 PM

If you don't feel like bying new software, then get a free operating systemm like Linux Mint, or Ubuntu.

Both are free to download.
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#20 User is offline   yourstrulymichael9999 

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Posted 29 October 2009 - 12:32 PM

Why would I want to put Windows 7 on a perfectly working Ubuntu system? That would be bad decision on my part.
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