Windows 8 and 8.1 Forums


Effect of Embedded Product Key on OEM Win8's--New License

  1. #31


    Posts : 2,156
    Win7 Ult on DIY; Win8 Pro on MBP/Parallels; Win7 Ult on MBP/Boot Camp; Win7 Ult/Win8 Pro on HP


    "Just call them up and ask for a replacement disc for whatever version you have and they will sell it to you for 5 bucks. They have done this with every version of windows but I have never tried it with Windows 8 only Windows 7 and previous."

    So, if I lost my retail purchased disc set, then all I have to do is call MS up, and they will send me another set (or at least the needed disc) for a $5 shipping fee? Do I have to give them my product key before they will do so? What kind of disc could I get from MS if Win8 came preinstalled on my computer from my OEM?

      My System SpecsSystem Spec

  2. #32


    Posts : 4
    Windows 8


    Quote Originally Posted by znod View Post
    "Just call them up and ask for a replacement disc for whatever version you have and they will sell it to you for 5 bucks. They have done this with every version of windows but I have never tried it with Windows 8 only Windows 7 and previous."

    So, if I lost my retail purchased disc set, then all I have to do is call MS up, and they will send me another set (or at least the needed disc) for a $5 shipping fee? Do I have to give them my product key before they will do so? What kind of disc could I get from MS if Win8 came preinstalled on my computer from my OEM?
    As it turns out Windows 8 is more strict than previous versions. With Win7 & previous you could get the discs off MS's site without entering any information just the version you want and a cc to pay for it. Now you have to enter a product key on their site to order a replacment disc. If your OEM uses a volume license then this website probably won't work for you (I'd try it before calling myself) so calling them is your best bet. But yes if you lost your disc they will give you a replacement.

    Anyway if you tell them that it was preinstalled by a vendor they might tell you to contact the hardware vendor directly. You are better off not mentioning how you got it unless they ask you specifically.

    Just tell them you got a new HDD for your computer because the last one exploded and you want a disc to install it again. If they refuse or insist that you need to talk to the hardware vendor tell them the truth. That the vendor disc comes with all kinds of preinstalled junk you don't want and that you want the vanilla MS disc.

    Sadly the easiest thing is just borrowing the disc from your buddy and copying it, or downloading it off a torrent site. Neither of which are illegal (just be careful with the torrent thing bc scumbags could alter the image). MS is making it harder to get the discs because in places like china they buy a bazillion of the real windows discs and then use a keygen or bundle a crack in with the disc and sell them on the streets. I guess it looks more official if it is a real disc IDK.

    Anyway the last thing people should be doing is buying a new license to get an OS install disc.
      My System SpecsSystem Spec

  3. #33


    Posts : 2,156
    Win7 Ult on DIY; Win8 Pro on MBP/Parallels; Win7 Ult on MBP/Boot Camp; Win7 Ult/Win8 Pro on HP


    Quote Originally Posted by bjd223 View Post
    Quote Originally Posted by znod View Post
    "Just call them up and ask for a replacement disc for whatever version you have and they will sell it to you for 5 bucks. They have done this with every version of windows but I have never tried it with Windows 8 only Windows 7 and previous."

    So, if I lost my retail purchased disc set, then all I have to do is call MS up, and they will send me another set (or at least the needed disc) for a $5 shipping fee? Do I have to give them my product key before they will do so? What kind of disc could I get from MS if Win8 came preinstalled on my computer from my OEM?
    1. As it turns out Windows 8 is more strict than previous versions. With Win7 & previous you could get the discs off MS's site without entering any information just the version you want and a cc to pay for it. Now you have to enter a product key on their site to order a replacment disc. If your OEM uses a volume license then this website probably won't work for you (I'd try it before calling myself) so calling them is your best bet. But yes if you lost your disc they will give you a replacement.

    2. Anyway if you tell them that it was preinstalled by a vendor they might tell you to contact the hardware vendor directly. You are better off not mentioning how you got it unless they ask you specifically.

    3. Anyway Just tell them you got a new HDD for your computer because the last one exploded and you want a disc to install it again. If they refuse or insist that you need to talk to the hardware vendor tell them the truth. That the vendor disc comes with all kinds of preinstalled junk you don't want and that you want the vanilla MS disc.

    4. Sadly the easiest thing is just borrowing the disc from your buddy and copying it, or downloading it off a torrent site. Neither of which are illegal (just be careful with the torrent thing bc scumbags could alter the image). MS is making it harder to get the discs because in places like china they buy a bazillion of the real windows discs and then use a keygen or bundle a crack in with the disc and sell them on the streets. I guess it looks more official if it is a real disc IDK.

    5. Anyway the last thing people should be doing is buying a new license to get an OS install disc.
    Thanks for your info and perspectives.

    1. I didn't mean to mislead your about losing discs. I was speaking hypothetically. And, I didn't mean to imply that I would hesitate to give my product key. Are you talking about using this approach to using a product key to get an ISO? If not, then what is the URL of the site you refer to when you say "on their site to order a replacment disc?"

    2. I also was speaking hypothetically about having an OEM with Win8 preinstalled. I was toying with the idea that an individual might be able to call MS; tell them (truthfully) that that he has an OEM with Win8 preinstalled; and convince them to send an upgrade disc that could be used to reinstall Win8 cleanly. I am not sure what MS phone number you are talking about using in this context.

    3. From an overall perspective, yes, I would want to be completely truthful (i.e., not make anything up about drives or whatever) if I was in the position of trying to convince MS to send an upgrade disc that could be used to reinstall Win8 cleanly on an OEM with Win8 preinstalled.

    4. I am not judging you or anything you have said. But, what do you think about the following argument? First, if you look at MS EULA's and, for example, Technet subscriber agreements, it is easy to make the case that if one transfers his product key, then his software (all of it) goes with the key--and vice versa. So, if MS Win8 install software is floating around, then someone has broken some agreement. Agree or not? Just curious; not judging.

    Also, you, and others, argue that an individual obtaining a piece of "floating-around" MS Win8 install software has done nothing wrong if he uses it to reinstall Win8 on an OEM that came with Win8 preinstalled. The idea here apparently is that he has the right to do so because he has an OEM product key. I don't see anything in the Win8 OEM EULA that implies that an individual has this right--the right to use MS Win8 install software other than that coming with the OEM machine or provided directly by the OEM. But, I also don't see anything in the OEM EULA that indicates specifically that this practice is not OK. Regardless, if MS has not specifically conveyed this right, then isn't it reasonable to argue that MS has not been compensated for use of the floating-about software?

    Thoughts on any of the issues I raise in 4?

    5. Not so sure about that. Personally, I hesitate to argue that an OEM license gives the same rights to use MS install software as does a separate retail acquisition of installation rights.
      My System SpecsSystem Spec

  4. #34


    Posts : 4
    Windows 8


    Quote Originally Posted by znod View Post
    Quote Originally Posted by bjd223 View Post
    Quote Originally Posted by znod View Post
    "Just call them up and ask for a replacement disc for whatever version you have and they will sell it to you for 5 bucks. They have done this with every version of windows but I have never tried it with Windows 8 only Windows 7 and previous."

    So, if I lost my retail purchased disc set, then all I have to do is call MS up, and they will send me another set (or at least the needed disc) for a $5 shipping fee? Do I have to give them my product key before they will do so? What kind of disc could I get from MS if Win8 came preinstalled on my computer from my OEM?
    1. As it turns out Windows 8 is more strict than previous versions. With Win7 & previous you could get the discs off MS's site without entering any information just the version you want and a cc to pay for it. Now you have to enter a product key on their site to order a replacment disc. If your OEM uses a volume license then this website probably won't work for you (I'd try it before calling myself) so calling them is your best bet. But yes if you lost your disc they will give you a replacement.

    2. Anyway if you tell them that it was preinstalled by a vendor they might tell you to contact the hardware vendor directly. You are better off not mentioning how you got it unless they ask you specifically.

    3. Anyway Just tell them you got a new HDD for your computer because the last one exploded and you want a disc to install it again. If they refuse or insist that you need to talk to the hardware vendor tell them the truth. That the vendor disc comes with all kinds of preinstalled junk you don't want and that you want the vanilla MS disc.

    4. Sadly the easiest thing is just borrowing the disc from your buddy and copying it, or downloading it off a torrent site. Neither of which are illegal (just be careful with the torrent thing bc scumbags could alter the image). MS is making it harder to get the discs because in places like china they buy a bazillion of the real windows discs and then use a keygen or bundle a crack in with the disc and sell them on the streets. I guess it looks more official if it is a real disc IDK.

    5. Anyway the last thing people should be doing is buying a new license to get an OS install disc.
    Thanks for your info and perspectives.

    1. I didn't mean to mislead your about losing discs. I was speaking hypothetically. And, I didn't mean to imply that I would hesitate to give my product key. Are you talking about using this approach to using a product key to get an ISO? If not, then what is the URL of the site you refer to when you say "on their site to order a replacment disc?"

    2. I also was speaking hypothetically about having an OEM with Win8 preinstalled. I was toying with the idea that an individual might be able to call MS; tell them (truthfully) that that he has an OEM with Win8 preinstalled; and convince them to send an upgrade disc that could be used to reinstall Win8 cleanly. I am not sure what MS phone number you are talking about using in this context.

    3. From an overall perspective, yes, I would want to be completely truthful (i.e., not make anything up about drives or whatever) if I was in the position of trying to convince MS to send an upgrade disc that could be used to reinstall Win8 cleanly on an OEM with Win8 preinstalled.

    4. I am not judging you or anything you have said. But, what do you think about the following argument? First, if you look at MS EULA's and, for example, Technet subscriber agreements, it is easy to make the case that if one transfers his product key, then his software (all of it) goes with the key--and vice versa. So, if MS Win8 install software is floating around, then someone has broken some agreement. Agree or not? Just curious; not judging.

    Also, you, and others, argue that an individual obtaining a piece of "floating-around" MS Win8 install software has done nothing wrong if he uses it to reinstall Win8 on an OEM that came with Win8 preinstalled. The idea here apparently is that he has the right to do so because he has an OEM product key. I don't see anything in the Win8 OEM EULA that implies that an individual has this right--the right to use MS Win8 install software other than that coming with the OEM machine or provided directly by the OEM. But, I also don't see anything in the OEM EULA that indicates specifically that this practice is not OK. Regardless, if MS has not specifically conveyed this right, then isn't it reasonable to argue that MS has not been compensated for use of the floating-about software?

    Thoughts on any of the issues I raise in 4?

    5. Not so sure about that. Personally, I hesitate to argue that an OEM license gives the same rights to use MS install software as does a separate retail acquisition of installation rights.
    Licensing is rather complicated.

    It depends what version of windows you have, whether the license is transferrable. For instance OEM retail and VLK are transferrable but OEM is not. If you have a retail or OEM Retail key requesting a replacement disc should not be an issue with MS's request page the issue comes up when you want to request a disc when you have an OEM copy which is not transferrable, and support is provided by the OEM. However changing your hard drive is not considered a new PC (no transfer is happening). For instance you have to change 3 PC components before it is considered a different PC by MS. Also your CPU counts as 2 components so watch out for that. So the fact that some licenses are transferrable means discs and disc images will be available. Also some discs are specific to the version you are running and some are all versions made more for IT professionals. Having the disc is not a violation of the TOS/EULA or DCMA. The issue stems from the fact that if real discs are easy to get they think it will promote piracy. MS actively tries to remove disc images from the internet, because they control distribution of the software but it is not illegal to download it.

    MS wants you to go back to the OEM that sold you the disc, as they are contractually obligated to provide your support including replacement Windows installation discs. However since OEMs insist on cramming all kinds of terrible software people want to get a vanilla disc. Changing your hard drive is not considered a new PC, upgrade, transfer, or anything else. You are licensed for whatever version the OEM sold you.

    Technically if you have an OEM PC, like a dell, and you change the RAM and CPU and Video card you are technically supposed to purchase a new license, even if they were 1 year apart each upgrade. Also if you reactivate and it works you are technically breaking the EULA/TOS.

    So technically some people posting the discs could be breaking MS's EULA/TOS as it controls distribution but merely having the discs is not against the law.

    MS is walking a fine line, the discs have to be available for IT people to use, but they need to be annoying enough to get that people trying to pirate the discs want to cave in and buy it.

    Windows 8 is the first OS that MS has tried to make non-transferrable for every version. Needless to say people were not impressed and MS back tracked their decision.

    NOTICE: I am not a copyright lawyer, but I have specific industry experience relating to MS licensing that makes me think this information is 100% correct. However, be warned as things are always changing and most of my experience is with Windows 7.

    Anyway I don't know any PC technician that doesn't have a burned copy of every MS OS version ever. Also I have never heard of anyone getting a copyright notification for downloading Windows OS discs like you might get downloading a movie or song.
      My System SpecsSystem Spec

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Effect of Embedded Product Key on OEM Win8's--New License
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