Upgrading from Windows XP Pro to Windows 7 Pro - Media

No.  Dell OEM media should only be used to install an OS for which the system has a Dell OEM license (or for use in a 'downgrade' option).

"I purchased a Dell branded OEM Windows 7 DVD with COA and product key from an online retailer"

Get your money back.  Branded (HP, Dell, etc.) OEM COA's are NEVER legitimately sold by themselves.

If you want to upgrade, you need to purchase a "retail" license and media.

Flash, thanks for the reply. Are you saying this is a license issue? As I understand it, since I have a licensed copy of Windows on this computer, any new copy will become licensed. Or, are you saying that the software just won't work?

No, your license licenses only that computer, only for that version of Windows - not newer versions and not older versions (except 'Pro' under 'downgrade' rights to previous versions).

Are you saying this is a license issue? As I understand it, since I have a licensed copy of Windows on this computer, any new copy will become licensed.

He's saying the license will work but will be technically invalid, because it is for use with a particular new Dell PC. The key will activate and stay activated, but technically you will be in violation of the Windows OEM licensing terms. It's all on the honor system, though. :emotion-5:

Technically, the only valid Windows versions you can use are retail upgrades and retail full copies. The half-price OEM versions Newegg and Amazon sell by the boatload are supposed to be bundled with new PCs by system builders, but again, that is on the honor system.

The ONLY thing that your existing license entitles you to is a discounted "upgrade" version of Windows (rather than purchasing the more expensive "full" version).

"violation of the Windows OEM licensing terms. It's all on the honor system"

And before you read a justification in this statement, know that using the OEM media in this way is illegal.  It does not simply violate some software's agreement, it is software piracy and is illegal in every country.  True, Microsoft does not often (not 'never') pursue rogue individual users for licensing violations, but a person's view on the 'fairness' of business policy by Microsoft does not further entitle a user to abuse the system (this is not directed at either of you, specifically - I'm just saying, it's not 'just' the honor system, so it is ok to do it).

You are incorrectly licensed.

Dell Windows 7 COAs should not be sold without a Dell computer which has a certified Dell BIOS for Windows 7. i.e. system locked preinstallation will be invalid on your computer so the Reinstallation DVD will not automatically activate.

Moreover the COA may or may not be unique. Some sellers will copy the COA multiple times aswell as the DVDs so you may have manual activation issues if another person has purchased an identical COA with the same key.

Dell Windows 7 COAs should not be sold without a Dell computer which has a certified Dell BIOS for Windows 7. i.e. system locked preinstallation will be invalid on your computer so the Reinstallation DVD will not automatically activate.

AFAIK it's still legal to sell OEM disks and genuine COAs bundled together, although Congress banned selling COAs by themselves about a decade ago. Where they come from, I don't know, but it may be from the surplus stock of dealers who subsequently went out of business and subsequently had their inventories liquidated.

It does not simply violate some software's agreement, it is software piracy and is illegal in every country.

No, it's not illegal in every country; for example, Germany allows OEM licenses to be transferred between machines, and the EU Court recently ruled that software licenses can be transferred even if the software vendor's terms forbid it.

[quote user="natakuc4"]Dell Windows 7 COAs should not be sold without a Dell computer which has a certified Dell BIOS for Windows 7. i.e. system locked preinstallation will be invalid on your computer so the Reinstallation DVD will not automatically activate.

AFAIK it's still legal to sell OEM disks and genuine COAs bundled together, although Congress banned selling COAs by themselves about a decade ago. Where they come from, I don't know, but it may be from the surplus stock of dealers who subsequently went out of business and subsequently had their inventories liquidated.

[/quote]

Yes generic OEM licenses but Dell branded OEM ones, without Dell hardware seems more questionable.

The OEM-branded ones are probably acquired via liquidation sales, which explains the limited quantities, while the generic ones are still being produced and can be bought in limitless amounts. Newegg is still selling boatloads of the latter.  

 I just checked Newegg and Amazon, and the retail versions of Windows 7 are gone. The purists should note that only retail upgrade or retail full versions are acceptable for end-user installation under the Windows license terms. Those are not longer produced, and thus can only be had at inflated prices used or old-stock. Meanwhile, 'system builder' copies are still being produced and sold; technically they are sold for the purpose of bundling with newly-built PCs, and direct end user purchase and use is in violation of the license terms.

There are also 'refurbished' licenses available, but AFAIK those can only be bundled with used PCs that are acquired and resold by Microsoft-licensed businesses specifically engaged in that line of business.

Okay, folks, I get it. I'm returning the reinstallation DVD to the online retailer for a refund and will shop for a retail version of Win 7. I'm back to square one and not happy about it, but I get it. It would be best, of course, if Win XP continued to be supported by Microsoft and I could put off the inevitable til a later date.

Microsoft has already extended support for XP too long.  It is a dinosaur and is long overdue to be eradicated.  I realize that does not work in your favor, but in all practicality, it is time to say goodbye :)

NOT Dell (or other BRANDED OEM) COA's, which is what we are talking about.  You will never find a Dell COA sold "legitimately" (which was the issue at hand).

According to eBay, it's legal to sell genuine OEM software under certain conditions, and be assured that their legal department has gone to lengths to confirm that.

Using a Dell Windows 7 DVD to "upgrade" a system licensed for XP is what we are talking about, which is NOT OK, as far as I know, in ANY country.

That is something determined by the laws of individual countries, which can and sometimes do trump the terms of vendors.

I'm returning the reinstallation DVD to the online retailer for a refund and will shop for a retail version of Win 7.

If you buy an OEM copy of Windows 7 from the likes of Newegg and use it to retire your copy of XP, you're doing Microsoft a favor. There's a reason they've left these on the market and allow them to be sold without any restrictions (unlike academic versions) by big-volume sellers like Fry's, Newegg and Amazon.

[quote user="theflash1932"]NOT Dell (or other BRANDED OEM) COA's, which is what we are talking about.  You will never find a Dell COA sold "legitimately" (which was the issue at hand).

According to eBay, it's legal to sell genuine OEM software under certain conditions, and be assured that their legal department has gone to lengths to confirm that.

[/quote]

I believe that applies ONLY to the installation disc.  Certainly not the COA.

[quote user="theflash1932"]Using a Dell Windows 7 DVD to "upgrade" a system licensed for XP is what we are talking about, which is NOT OK, as far as I know, in ANY country.

That is something determined by the laws of individual countries, which can and sometimes do trump the terms of vendors.

[/quote]

But you have no examples of this, and I seriously doubt ANY where (including anti-Microsoft EU) could win (or would even consider bringing) such a case to grant a user un-ending upgrade licensing rights using OEM media.