Windows 8 and 8.1 Forums


Upgrade to Windows 8

  1. #1

    Upgrade to Windows 8


    Hi,
    just a quickie on Friday I upgraded my Win 7 laptop to Win 8 Pro with free Media Centre, Yesterday I was playing around with my grandson and knocked over his drink on to my laptop which in turn went "Bang" and is now beyond any help. What I'm wondering is how long I have before I use this upgrade on my desktop, if I can use it on it that is as I will have to a buy a new a new laptop and it will have Windows 8 on it. Any help/advice would be great. I wanted to ask on here before I rang Microsoft UK.
    iechyd da

      My System SpecsSystem Spec

  2. #2


    Posts : 1,925
    Windows 8.1 Pro


    Well, technically once you install and activate the upgrade, it replaces your previous OEM license and it, like the original license is tied to that PC. I'm unsure if you're allowed to transfer an upgrade to another OEM install if it's no longer in use on the first. My gut would say that technically it wouldn't.

    However, since it's only been 1 or 2 days, I wouldn't be too worried about it. You should just be able to install and re-activate it without any problems. In the unlikely even it won't activate, you can just call them up (it will give you a number) and explain the situation, and i'm sure they'll clear it up.
      My System SpecsSystem Spec

  3. #3


    Posts : 5,592
    ME, XP,Vista,Win7,Win8,Win8.1


    http://download.microsoft.com/Docume...0bef5cbe3a.pdf

    Quote Originally Posted by microsoft
    Can I transfer the software to another computer or user? You may transfer the software to another computer that belongs to you. You may also transfer the software (together with the license) to a computer owned by someone else if a) you are the first licensed user of the software and b) the new user agrees to the terms of this agreement. To make that transfer, you must transfer the original media, the certificate of authenticity, the product key and the proof of purchase directly to that other person, without retaining any copies of the software. You may use the backup copy we allow you to make or the media that the software came on to transfer the software. Anytime you transfer the software to a new
      My System SpecsSystem Spec

  4. #4


    Posts : 1,925
    Windows 8.1 Pro


    Yes, I know. However, that is talking about the full license, not the upgrade license. The previous paragraph refers to the upgrade, but it is not clear as to whether or not the upgrade itself can be transferred to a different licensed copy of Windows.

    Like I said, my gut feeling is that the section that talks about completely replacing the previous version would indicate that you can't, but it's not explicit. It also brings up another question as to whether or not the original OEM license is now governed by the Windows 8 license (meaning would it take away the OEM restrictions on transfer?). Again, it's not explicit, but my gut would say the original OEM restrictions would stay in place (despite the phrase "completely replaces" relating to the license.

    In any event, given that it was only installed for a day or two, I would think it could be argued that he should be able to install it on a second computer, given that the first is dead.
      My System SpecsSystem Spec

  5. #5


    Posts : 5,592
    ME, XP,Vista,Win7,Win8,Win8.1


    http://download.microsoft.com/Docume...0bef5cbe3a.pdf

    Quote Originally Posted by Microsoft
    What about upgrading the software? The software covered by this agreement is an upgrade to your existing operating system software, so the upgrade replaces the original software that you are upgrading. You do not retain any rights to the original software after you have upgraded and you may not continue to use it or transfer it in any way. This agreement governs your rights to use the upgrade software and replaces the agreement for the software from which you upgraded. After you complete your upgrade, additional software will be required to playback or record certain types of media, including DVDs.
    When you upgrade there is NO original software, therefore the upgrade becomes full.
      My System SpecsSystem Spec

  6. #6


    Posts : 1,925
    Windows 8.1 Pro


    I agree, a particular reading of that section might suggest that (which I mentioned in my last post). However, my experience with licenses has been that they often rely on legal concepts that are not defined in the license itself. And as such, you can't rely on the license alone to interpret it. Thus, you still need a lawyer to tell you what parts might apply.

    Further, you can't take individual sections of the license by themselves. The license as a whole applies, and if you haven't read the whole thing very carefully, you are making a mistake by jumping to conclusions based on a single paragraph.

    Also, a casual reading might interpret "You do not retain any rights to the original software after you have upgraded" to mean that the previous license is null and void, but a strict reading says YOU do not retain any rights, not that the restrictions imposed by the previous license are no longer in effect. Again, there is much that is not explicit here.

    So I think it's not very wise to make absolute statements like you just did based solely on reading that one paragraph.

    As always, I doubt either of us are lawyers, so it's you as the software licensors responsibility to determine what it means to you, and whether or not you need legal advice on the matter.
      My System SpecsSystem Spec

  7. #7


    Thank you kind Sir's for your replies and yes in 1 sense I think it say's I can and another I can't. I'll ring them tomorrow to make sure.
    iechyd da
      My System SpecsSystem Spec

  8. #8


    Posts : 1,308
    Windows 8 enterprise x64


    Mystere, come on, give us a break, I see real license offenders since few day here. This time it's perfectly ok to do so
      My System SpecsSystem Spec

  9. #9


    Posts : 1,925
    Windows 8.1 Pro


    I think you did not fully read what I wrote. I said, in multiple places that you're probably fine to do so.

    Most of my argument though was about the legal interpretation, which most people don't really follow anyways.
      My System SpecsSystem Spec

  10. #10


    Gee Whiz All please no arguments about this.
    iechyd da
      My System SpecsSystem Spec

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