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  #1  
Old 04-07-2007, 04:31 PM
georgie
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Posts: n/a
Default dell vista upgrade license?

When you use your Vista upgrade to do a clean install on a second hard
drive, don't you have to stop using your original XP install that came
with the computer? I see lots of posts about dual booting to "test"
the Vista OS before committing to it, but isn't that just plain
"cheating"? Or am I misunderstanding what the license says?

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  #2  
Old 04-07-2007, 04:31 PM
Tom Scales
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Default Re: dell vista upgrade license?


"georgie" <kestrels@hotmail.com> wrote in message
news:1175956293.826093.231110@p77g2000hsh.googlegr oups.com...
> When you use your Vista upgrade to do a clean install on a second hard
> drive, don't you have to stop using your original XP install that came
> with the computer? I see lots of posts about dual booting to "test"
> the Vista OS before committing to it, but isn't that just plain
> "cheating"? Or am I misunderstanding what the license says?
>


Dual booting is not a problem, as you're using it on the same machine and
only one at a time.

Installing or selling XP for use on another machine is clearly illegal.

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  #3  
Old 04-07-2007, 09:22 PM
Barry Watzman
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Posts: n/a
Default Re: dell vista upgrade license?

It's a bit ambiguous. There is no physical requirement (e.g. no
enforcement) that says you can no longer use the XP license. As to the
legality, it would be clearly illegal to use the XP and Vista licenses
on two different machines, but there's some question as to whether it's
a violation of anything to use both on the same machine. At least some
Vista licenses, perhaps all of them, allow "downgrading" back to XP, and
dual boot on the same machine might qualify under such a provision.

georgie wrote:
> When you use your Vista upgrade to do a clean install on a second hard
> drive, don't you have to stop using your original XP install that came
> with the computer? I see lots of posts about dual booting to "test"
> the Vista OS before committing to it, but isn't that just plain
> "cheating"? Or am I misunderstanding what the license says?
>

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  #4  
Old 04-07-2007, 11:00 PM
RnR
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Posts: n/a
Default Re: dell vista upgrade license?

On Sat, 07 Apr 2007 16:00:50 -0400, Barry Watzman
<WatzmanNOSPAM@neo.rr.com> wrote:

>It's a bit ambiguous. There is no physical requirement (e.g. no
>enforcement) that says you can no longer use the XP license. As to the
>legality, it would be clearly illegal to use the XP and Vista licenses
>on two different machines, but there's some question as to whether it's
>a violation of anything to use both on the same machine. At least some
>Vista licenses, perhaps all of them, allow "downgrading" back to XP, and
>dual boot on the same machine might qualify under such a provision.
>


Barry, I do NOT blame you for what you are saying but it seems like
we worry too much about licenses. What happen to good old common
sense? It's ashame that I might have to worry if MS will allow me to
legally dual boot my pc with Vista and XP if I bought both software.
Don't misunderstand me, you might be correct but it seems like we
worry so much about MS licenses especially in our own home and for
personal use (like for testing purposes).
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  #5  
Old 04-08-2007, 03:15 AM
Barry Watzman
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Posts: n/a
Default Re: dell vista upgrade license?

I agree with you that if I had a computer that came with XP and I
[legally] acquired an upgrade copy of Vista, if I was physically able to
do it, I would not be concerned about the legality or license issues of
dual booting that copy of XP and Vista on the same machine. I don't
condone software theft, but in this case, in this situation as stated on
one single computer, my sense of morality says I'm not doing anything
wrong, legal technicalities and the EULA not withstanding.


RnR wrote:
> On Sat, 07 Apr 2007 16:00:50 -0400, Barry Watzman
> <WatzmanNOSPAM@neo.rr.com> wrote:
>
>> It's a bit ambiguous. There is no physical requirement (e.g. no
>> enforcement) that says you can no longer use the XP license. As to the
>> legality, it would be clearly illegal to use the XP and Vista licenses
>> on two different machines, but there's some question as to whether it's
>> a violation of anything to use both on the same machine. At least some
>> Vista licenses, perhaps all of them, allow "downgrading" back to XP, and
>> dual boot on the same machine might qualify under such a provision.
>>

>
> Barry, I do NOT blame you for what you are saying but it seems like
> we worry too much about licenses. What happen to good old common
> sense? It's ashame that I might have to worry if MS will allow me to
> legally dual boot my pc with Vista and XP if I bought both software.
> Don't misunderstand me, you might be correct but it seems like we
> worry so much about MS licenses especially in our own home and for
> personal use (like for testing purposes).

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  #6  
Old 04-08-2007, 03:15 AM
Tom Scales
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Posts: n/a
Default Re: dell vista upgrade license?


"Barry Watzman" <WatzmanNOSPAM@neo.rr.com> wrote in message
news:46184602$0$17153$4c368faf@roadrunner.com...
>I agree with you that if I had a computer that came with XP and I [legally]
>acquired an upgrade copy of Vista, if I was physically able to do it, I
>would not be concerned about the legality or license issues of dual booting
>that copy of XP and Vista on the same machine. I don't condone software
>theft, but in this case, in this situation as stated on one single
>computer, my sense of morality says I'm not doing anything wrong, legal
>technicalities and the EULA not withstanding.
>
>
> RnR wrote:
>> On Sat, 07 Apr 2007 16:00:50 -0400, Barry Watzman
>> <WatzmanNOSPAM@neo.rr.com> wrote:
>>
>>> It's a bit ambiguous. There is no physical requirement (e.g. no
>>> enforcement) that says you can no longer use the XP license. As to the
>>> legality, it would be clearly illegal to use the XP and Vista licenses
>>> on two different machines, but there's some question as to whether it's
>>> a violation of anything to use both on the same machine. At least some
>>> Vista licenses, perhaps all of them, allow "downgrading" back to XP, and
>>> dual boot on the same machine might qualify under such a provision.
>>>

>>
>> Barry, I do NOT blame you for what you are saying but it seems like
>> we worry too much about licenses. What happen to good old common
>> sense? It's ashame that I might have to worry if MS will allow me to
>> legally dual boot my pc with Vista and XP if I bought both software.
>> Don't misunderstand me, you might be correct but it seems like we
>> worry so much about MS licenses especially in our own home and for
>> personal use (like for testing purposes).



Well, I am surprised, but I just read the Vista EULA and it says:

"
UPGRADES. To use upgrade software, you must first be licensed for the
software that is eligible

for the upgrade. Upon upgrade, this agreement takes the place of the
agreement for the software

you upgraded from. After you upgrade, you may no longer use the software you
upgraded from.?



So technically, you may no longer use your XP license once you have
installed Vista. However, since Microsoft explicitly provides the
technology to allow dual boots, I think their argument that you are breaking
their license when using both licenses ON THE SAME MACHINE would be weak.



I would be surprised if they ever pursued it.



Tom

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  #7  
Old 04-08-2007, 12:26 PM
RnR
Guest
 
Posts: n/a
Default Re: dell vista upgrade license?

On Sat, 7 Apr 2007 21:49:09 -0400, "Tom Scales" <tjscales@gmail.com>
wrote:

>
>"Barry Watzman" <WatzmanNOSPAM@neo.rr.com> wrote in message
>news:46184602$0$17153$4c368faf@roadrunner.com.. .
>>I agree with you that if I had a computer that came with XP and I [legally]
>>acquired an upgrade copy of Vista, if I was physically able to do it, I
>>would not be concerned about the legality or license issues of dual booting
>>that copy of XP and Vista on the same machine. I don't condone software
>>theft, but in this case, in this situation as stated on one single
>>computer, my sense of morality says I'm not doing anything wrong, legal
>>technicalities and the EULA not withstanding.
>>
>>
>> RnR wrote:
>>> On Sat, 07 Apr 2007 16:00:50 -0400, Barry Watzman
>>> <WatzmanNOSPAM@neo.rr.com> wrote:
>>>
>>>> It's a bit ambiguous. There is no physical requirement (e.g. no
>>>> enforcement) that says you can no longer use the XP license. As to the
>>>> legality, it would be clearly illegal to use the XP and Vista licenses
>>>> on two different machines, but there's some question as to whether it's
>>>> a violation of anything to use both on the same machine. At least some
>>>> Vista licenses, perhaps all of them, allow "downgrading" back to XP, and
>>>> dual boot on the same machine might qualify under such a provision.
>>>>
>>>
>>> Barry, I do NOT blame you for what you are saying but it seems like
>>> we worry too much about licenses. What happen to good old common
>>> sense? It's ashame that I might have to worry if MS will allow me to
>>> legally dual boot my pc with Vista and XP if I bought both software.
>>> Don't misunderstand me, you might be correct but it seems like we
>>> worry so much about MS licenses especially in our own home and for
>>> personal use (like for testing purposes).

>
>
>Well, I am surprised, but I just read the Vista EULA and it says:
>
>"
>UPGRADES. To use upgrade software, you must first be licensed for the
>software that is eligible
>
>for the upgrade. Upon upgrade, this agreement takes the place of the
>agreement for the software
>
>you upgraded from. After you upgrade, you may no longer use the software you
>upgraded from.?
>
>
>
>So technically, you may no longer use your XP license once you have
>installed Vista. However, since Microsoft explicitly provides the
>technology to allow dual boots, I think their argument that you are breaking
>their license when using both licenses ON THE SAME MACHINE would be weak.
>
>
>
>I would be surprised if they ever pursued it.
>
>
>
>Tom



Thanks Tom for strengthening my opinion (my previous post) !
I'm just getting tired of MS trying to dictate how or what we can do
with their software we purchased legally especially for personal use.
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  #8  
Old 04-08-2007, 12:26 PM
GHalleck
Guest
 
Posts: n/a
Default Re: dell vista upgrade license?


Tom Scales wrote:

>
> "Barry Watzman" <WatzmanNOSPAM@neo.rr.com> wrote in message
> news:46184602$0$17153$4c368faf@roadrunner.com...
>
>> I agree with you that if I had a computer that came with XP and I
>> [legally] acquired an upgrade copy of Vista, if I was physically able
>> to do it, I would not be concerned about the legality or license
>> issues of dual booting that copy of XP and Vista on the same machine.
>> I don't condone software theft, but in this case, in this situation as
>> stated on one single computer, my sense of morality says I'm not doing
>> anything wrong, legal technicalities and the EULA not withstanding.
>>
>>
>> RnR wrote:
>>
>>> On Sat, 07 Apr 2007 16:00:50 -0400, Barry Watzman
>>> <WatzmanNOSPAM@neo.rr.com> wrote:
>>>
>>>> It's a bit ambiguous. There is no physical requirement (e.g. no
>>>> enforcement) that says you can no longer use the XP license. As to
>>>> the legality, it would be clearly illegal to use the XP and Vista
>>>> licenses on two different machines, but there's some question as to
>>>> whether it's a violation of anything to use both on the same
>>>> machine. At least some Vista licenses, perhaps all of them, allow
>>>> "downgrading" back to XP, and dual boot on the same machine might
>>>> qualify under such a provision.
>>>>
>>>
>>> Barry, I do NOT blame you for what you are saying but it seems like
>>> we worry too much about licenses. What happen to good old common
>>> sense? It's ashame that I might have to worry if MS will allow me to
>>> legally dual boot my pc with Vista and XP if I bought both software.
>>> Don't misunderstand me, you might be correct but it seems like we
>>> worry so much about MS licenses especially in our own home and for
>>> personal use (like for testing purposes).

>
>
>
> Well, I am surprised, but I just read the Vista EULA and it says:
>
> "
> UPGRADES. To use upgrade software, you must first be licensed for the
> software that is eligible
>
> for the upgrade. Upon upgrade, this agreement takes the place of the
> agreement for the software
>
> you upgraded from. After you upgrade, you may no longer use the software
> you upgraded from.?
>
>
>
> So technically, you may no longer use your XP license once you have
> installed Vista. However, since Microsoft explicitly provides the
> technology to allow dual boots, I think their argument that you are
> breaking their license when using both licenses ON THE SAME MACHINE
> would be weak.
>
> I would be surprised if they ever pursued it.
>
>


There is no reason for Microsoft to pursue the issue. But Vonage also
thought that Verizon would not initiate a patent infringement lawsuit
on technology that Verizon has seldom marketed.

Nonetheless, the premise of dual-boot is that the second OS is not an
upgrade to the first OS. IIRC, it has always been Microsoft's written
policy that the product upgrade and the subsequent licensing is merely
an extension of the original license. But let's enjoy the opportunity.
Next thing that Microsoft might do is to cripple Vista upgrade so that
it takes a key component from the OS and interpolates it, rendering the
qualifying system useless.
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  #9  
Old 04-08-2007, 02:25 PM
Andrew Hodgson
Guest
 
Posts: n/a
Default Re: dell vista upgrade license?

On Sat, 7 Apr 2007 21:49:09 -0400, "Tom Scales" <tjscales@gmail.com>
wrote:

>Well, I am surprised, but I just read the Vista EULA and it says:
>
>"
>UPGRADES. To use upgrade software, you must first be licensed for the
>software that is eligible
>
>for the upgrade. Upon upgrade, this agreement takes the place of the
>agreement for the software
>
>you upgraded from. After you upgrade, you may no longer use the software you
>upgraded from.?


I have read a lot of discussion boards on this topic and the concensus
is this is yet another example of lawyers/marketing bodds at Microsoft
not in their right minds and not communicating with the developers who
developed the dual-boot technology in the first place.

Andrew.
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  #10  
Old 04-08-2007, 02:25 PM
Bob Levine
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Posts: n/a
Default Re: dell vista upgrade license?

Tom Scales wrote:


> I would be surprised if they ever pursued it.



As would I. I'm firmly against software piracy but I'm much more
concerned about the spirit of an EULA than the letter of it.

Bob
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