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    Windows licensing 32 bit and 64 bit, a few words

    Discussion in 'Windows OS and Software' started by surfasb, May 2, 2008.

  1. surfasb

    surfasb Titles Shmm-itles

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    There seems to be a lot of confusion when it comes to users trying to get a x64 version of Vista when their computer came with a x86(32 bit) version of Vista. It has been a hot debate and I would like to set the record straight.

    If your computer came with a 32 bit version of Vista (OEM), then it is <del>ILLEGAL</del> against the EULA to take a retail x64 Vista disk, install from it and use the OEM key to activate it. Technically though, if you request x64 VISTA disks from your OEM, then you can LEGALLY use those to install a x64 VISTA. This is because, in general, the OEM key you buy is tied to THAT version of Vista, x86 or x64.


    Notice the OEM Vista specifically says 32 bit or 64 bit.

    http://www.newegg.com/Product/ProductList.aspx?Submit=ENE&N=2000350368+1179212718&name=Basic

    Also, notice these posts on Microsoft's Technet by Carey Firsch, MVP poster.

    http://forums.microsoft.com/TechNet/ShowPost.aspx?PostID=2873182&SiteID=17


    Now I have seen this part of the EULA quoted, but I can't seem to find it on my copy.

    This implies that your machine actually CAME with both versions. Notice this part of the EULA. Since the OEM packages only contain ONE disk of Vista, x86 or x64.

    Copied and pasted from a system builder license. I added the bold.

    Now, if you purchased a RETAIL version of Vista, your key DOES allow you to use a x86 or x64 bit version of Windows, provided you install one or the other

    I added the bold to the quote.
    http://www.microsoft.com/windows/products/windowsvista/editions/64bit.mspx



    In the end, your OEM key is tied to with version of Vista it was installed as. x86 or x64. While many people have activated a x64 Vista using an OEM key originally from a x86 Vista, does NOT mean it's ethical <del>or legal</del> makes Microsoft's lawyers happy :smile:.

    If you bought a machine that came with a OEM x86 Vista, but you would like to get a x64 version of Vista. Your best course of action is to contact your OEM and obtain x64 disk from them. Some OEMs will do this. Some won't. They negotiate their own contracts with Microsoft.
     
  2. Lithus

    Lithus NBR Janitor

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    Don't use the word illegal. Instead use "against the EULA".

    Just because something's against the EULA doesn't mean that it's illegal, given that part of the EULA may not be legally enforceable. Otherwise, I would end all my posts with "by reading this, you agree to be my _____".
     
  3. surfasb

    surfasb Titles Shmm-itles

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    point taken.

    Honestly, the price gouging Microsoft employs on it's software is ridiculou and I emotionally support people's efforts to to fight back. But we gotta keep it real.
     
  4. flipfire

    flipfire Moderately Boss

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    Meaning you can choose between either aslong as only one is active. They would have changed this and said 'you may only use the version you purchased'

    Licence = meaning legally able to use x86 or x64 as they stated on c. EULA above
     
  5. surfasb

    surfasb Titles Shmm-itles

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    This assumes your license even allows both. Again, since your OEM package only comes with ONE version, this should not even be an issue. Notice the entire system builder EULA here.
     
  6. flipfire

    flipfire Moderately Boss

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    Again, back to the original EULA.
    Notice the bold, that is part of your licence
     
  7. surfasb

    surfasb Titles Shmm-itles

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    The software may include more than one version, such as 32-bit and 64-bit. You may use only one version at one time.

    Maybe the logic here is the second part is true if the first part is true also.

    If your software DOES include basic, home, business, etc versions of Windows. You may only use one. The one your license allows for.

    Notice also that your software did NOT include x64 Vista so this statement doesn't even apply.