# Cheap Windows 8 upgrade path...



## spacetwin4 (Oct 14, 2012)

I mentioned this in a previous post, but I wanted to open a new thread to see what other people thought about the idea because it has potential to save $85 off retail Windows 8 Pro...

So, there are NUMEROUS copies of Windows XP being sold on eBay ranging from $15-$30. They are typically never-before activated OEM copies, sold with the broken motherboard (to adhere to Microsoft policies). The sellers guarantee the copy to install and activate when loaded on a freshly formatted hard drive...or your money back! So, once you've installed this genuine copy of XP, you should then qualify for the $40 upgrade to Windows 8...am I right? Seems like a cheap (and totally legal) way to get Win Pro.

Now before all you naysayers rip on eBay saying "be careful what you buy off eBay", I've been buying and selling on eBay for 10 years and already know the ins and outs. These are reputable sellers with 1000+ positive feedback ratings, and they are guaranteeing activation of the XP copy...and therefore is also covered by eBay buyer protection. So, does anybody see any issues with this?

Thanks, and bless all you techy-types...you're such a great help to us older folks!


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## wcogent (Oct 11, 2010)

ACTUALLY,
according to microsoft rules
The oem is to be used only with the PC (not motherboard) it came bundled with.
Using the same license on another PC is a violation of contract
Selling the license separately is also a violation of contract
Essentially, when your PC dies/upgraded, your OEM license goes with it.
To prevent this snafu, you have to upgrade/buy a FULL PRODUCT LICENSE (transferrable to another PC). Selling your full product license is still under debate.
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WHY YOUR ONLINE BUYING WORKS
Because XP OEM will install up to X times based on Windows Licensing servers. (x=4 the last time i checked) So essentially, you CAN install on a different PC, but you ARE violating license rules once you install it on a different PC (windows licensing servers can't tell the difference between new pc and the old one you have).
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ESSENTIALLY
And in violating these rules, you are, in fact, performing piracy.
No different from downloading a copy off the internet (in terms of offense).
Actually, it's worse because your pirated copy will update. while pirated ones off the net won't.
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DON'T
say it's not piracy because violating the COA is piracy. 
say because you get away with it (and you will) that it's not piracy.
say it's a small violation. there's no such thing as being "a little pregnant"
say you bought your XP license legit. As users not allowed to sell to begin with (it's in the COA). 
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WHAT YOU'RE ACTUALLY DOING
exploiting a loophole in the technology. no different from xbox hackers, ipad jailbreakers
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LIKELY
M$oft will not rain holy heck on you as you're a normal user. A normal user is usually sue proof (no money). But if you own a business (or worse, a successful business);when it's worth their time, they'll make an example of you. But they probably won't  But posting around your successful exploits is probably not a good idea. 
---
Background: selling m$oft licenses for 15 years to corporate LEGALLY.


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## Basementgeek (Feb 7, 2005)

I would think that most XP machines can't run Win 8, probably going run into drivers problems for the hardware. Going from Win 8 to XP would be the same problems, missing drivers.

BG


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## GZ (Jan 31, 2010)

The only *upgrade* path to Windows 8 from XP -

Legally licensed Windows XP installation.
Legally licensed Windows Vista Upgrade (Retail)
Legally licensed Windows 8.

Windows Vista or Windows 7 MUST be installed on the PC prior to *upgrade*.

Upgrade directly to Windows 8 from XP requires a *clean install*.


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## spacetwin4 (Oct 14, 2012)

Thank you for your answers. However, looks like Microsoft's older policy were a little more liberal...here's what I found:

The Microsoft End User License Agreement (EULA) states that the original owner of a licensed, retail copy of Windows XP may make a one-time, permanent transfer of the software to another user, provided the initial user retains no copies of the software. This is referred to as third-party transfer in the agreement, since the original owner and Microsoft are the original two parties involved in the transaction. Only when the new owner activates the software does the license officially transfer to him.

Seems like I'm in the clear as long as the eBay seller can verify they were the only other owner of the OS.


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## GZ (Jan 31, 2010)

The problem with this is...



> retail copy


What the seller is selling, as per your post, are *OEM* copies, not *Retail* copies.


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