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What Microsoft won't tell you about Windows 7 licensing

By | November 3, 2009, 6:41pm PST

Summary: If you’re not a lawyer, the subject of Windows licensing can be overwhelmingly confusing. Over many years of studying this stuff, I have learned that Microsoft has buried much of this information in long, dry license agreements and on sites that are available only to partners. Microsoft hasn’t assembled this information in one convenient place, so I decided to do the job myself, gathering details from public and private sources.

Microsoft offers many ways to buy Windows 7. You can buy the operating system preinstalled on a new PC, upgrade an existing PC using a shrink-wrapped retail package, purchase an upgrade online, or build a PC from scratch and install Windows yourself. In each of these cases, you can also take your pick of multiple Windows editions The price you pay will vary, depending on the edition and the sales channel. There are different license agreements associated with each such combination. Those license agreements are contracts that give you specific rights and also include specific limitations.

This might sound arbitrary. Indeed, a common complaint I hear is that Microsoft should simply sell one version of its OS at one price to every customer. That ignores the reality of multiple sales channels, and the fact that some people want the option to pay a lower price if they don’t plan to use some features and are willing to pay a higher price for features like BitLocker file encryption.

If you’re not a lawyer, the subject of Windows licensing can be overwhelmingly confusing. The good news is that for most circumstances you are likely to encounter as a consumer or small business buyer, the licensing rules are fairly simple and controversy never arises. But for IT pros, enthusiasts, and large enterprises knowing these rules can save a lot of money and prevent legal hassles.

I have been studying the topic of Windows licensing for many years. As I have discovered, Microsoft does not have all of this information organized in one convenient location. Much of it, in fact, is buried in long, dry license agreements and on sites that are available only to partners. I couldn’t find this information in one convenient place, so I decided to do the job myself. I gathered details from many public and private sources and summarized the various types of Windows 7 license agreements available to consumers and business customers. Note that this table and the accompanying descriptions deliberately exclude a small number of license types: for example, I have omitted academic and government licenses, as well as those provided as part of MSDN and TechNet subscriptions and those included with Action Pack subscriptions for Microsoft partners. With those exceptions, I believe this list includes every license situation that the overwhelming majority of Windows customers will encounter in the real world.

The table below is your starting point. The license types listed in the columns of this table are arranged in rough order of price, from least expensive to most expensive. For a detailed discussion of each license type, see the following pages, which explain some of the subtleties and exceptions to these rules. And a final, very important note: I am not a lawyer. This post is not legal advice. I have provided an important disclaimer on the final page of this post. Please read it.

[Click image to open full size in its own window]

Although the table above is packed with information, it’s not the whole story. Please click through to the following pages for detailed explanations.

Page 2: OEM versions

Page 3: Upgrade versions

Page 4: Full and Volume License versions

Next page: All about Windows OEM versions –>

Topics

Ed Bott is an award-winning technology writer with more than two decades' experience writing for mainstream media outlets and online publications.

Disclosure

Ed Bott

Ed Bott is a freelance technical journalist and book author. All work that Ed does is on a contractual basis.

Since 1994, Ed has written more than 25 books about Microsoft Windows and Office. Along with various co-authors, Ed is completely responsible for the content of the books he writes. As a key part of his contractual relationship with publishers, he gives them permission to print and distribute the content he writes and to pay him a royalty based on the actual sales of those books. Ed's books written prior to fall 2011 have been distributed by Que Publishing (a division of Pearson Education) and by Microsoft Press. As of November 2011, Ed is a partner in the independent publishing company Fair Trade Digital Exchange, which exclusively publishes his books.

On occasion, Ed accepts consulting assignments. In recent years, he has worked as an expert witness in cases where his experience and knowledge of Microsoft and Microsoft Windows have been useful. In each such case, his compensation is on an hourly basis, and he is hired as a witness, not an advocate.

Ed does not own stock or have any other financial interest in Microsoft or any other software company. He owns 500 shares of stock in EMC Corporation, which was purchased before the company's acquisition of VMware. In addition, he owns 350 shares of stock in Intel Corporation, purchased more than two years ago. All stocks are held in retirement accounts for long-term growth.

Ed does not accept gifts from companies he covers. All hardware products he writes about are purchased with his own funds or are review units covered under formal loan agreements and are returned after the review is complete.

Biography

Ed Bott

Ed Bott is an award-winning technology writer with more than two decades' experience writing for mainstream media outlets and online publications. He's served as editor of the U.S. edition of PC Computing and managing editor of PC World; both publications had monthly paid circulation in excess of 1 million during his tenure. He is the author of more than 25 books on Microsoft Windows and Office, including the recently released Windows 7 Inside Out.

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RE: What Microsoft won't tell you about Windows 7 licensing
optimoz 25th Dec
good lord! think about linux.
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Wow. Thanks.
lostarchitect 3rd Nov 2009
This really clears up Windows licensing for me. I had been wondering about this and everything I could find seemed to be convoluted or written in legalese. Thanks again.
1 Vote
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why is this so hard?
nickbenj 6th Nov 2009
This is the single biggest reason to move away from Windows. This should not be this complex or need explaining. It should be immediately obvious to me a consumer or consultant what is required to be legal, I should not have to research this issue, nor wonder if I'm in compliance. Simplicity.. It should not be this much work to know what is required. When a 4 page article is the "amazingly easy" solution to understanding licensing you have a problem. Why make it this hard to buy your products?
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Ridiculous Comment
PMC-CON 7th Nov 2009
We are all laughing!

Oh, you didn't mean to be funny?

All DRM license agreements are this complex (even downloaded music) -- they just are ignored. Microsoft is serious about their product rights so people HAVE to take note.
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olny a fool
emenau 7th Nov 2009
"only a fool makes things more complicated"

-Albert Einstein
1 Vote
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I'm going to show you two pages: one that shows the
license terms, then one that shows the End User
License Agree. I'm not so much asking you to read the
license, but pay attention to it's presentation.

First page:
http://creativecommons.org/licenses/by-nd/3.0/

Second page:
http://creativecommons.org/licenses/by-
nd/3.0/legalcode


So... so why can't all firms do something like that?
Thanks very much! happy rolex explorer replica
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thanks . . .
CobraA1 3rd Nov 2009
Thanks.

Sadly, the retail still seems to be a pretty stiff price.
So, if I have a Mac with retail Vista Ultimate installed
via BootCamp can I get the upgrade version of 7? Not
entirely clear about that.
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Contributr
Yes
Ed Bott 4th Nov 2009
If you already have a legal copy of Vista installed on any computer (PC, Mac, virtual machine), then you can upgrade it to Windows 7.
http://blogs.zdnet.com/Bott/?p=1505&tag=wrapper;col1

(More reasons not to support MS anymore - one can't even do a clean install with an upgrade license without doing a lot of shouldn't-be-necessary steps. And with Microsoft freely promoting piracy in other countries, why should anyone take their anti-piracy measures even remotely seriously, especially in the real world where one BIOS upgrade or video driver upgrade triggers the activation process, like we are a bunch of criminals or something... http://money.cnn.com/magazines/fortune/fortune_archive/2007/07/23/100134488/ (bottom of first page merrily reveals all:

"Gates argued at the time that while it was terrible that people in China pirated so much software, if they were going to pirate anybody's software he'd certainly prefer it be Microsoft's.

Today Gates openly concedes that tolerating piracy turned out to be Microsoft's best long-term strategy. That's why Windows is used on an estimated 90% of China's 120 million PCs. "It's easier for our software to compete with Linux when there's piracy than when there's not," Gates says. "Are you kidding? You can get the real thing, and you get the same price." Indeed, in China's back alleys, Linux often costs more than Windows because it requires more disks. And Microsoft's own prices have dropped so low it now sells a $3 package of Windows and Office to students."
) )

Even $3 for them and $300 for us. How nice; that free market principle really being the latest "trickle-down" swindle...
  • Flagged
-1 Votes
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Contributr
Oh blah blah blah
Ed Bott 4th Nov 2009
Microsoft sells a $29 copy of Windows to American students. But you are muchmore interested in FUD than facts.
  • Flagged
1 Vote
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Well, Ed, that's rude
pdf6161 4th Nov 2009
MS's predatory tactics are well known; facts are not FUD.
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NT
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$29?
levinson 4th Nov 2009
My bookstore sells Windows for around $100, depending on the version.
Where can I get the $29 set?
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Contributr
For students
Ed Bott 4th Nov 2009
You must have an Email address ending in ".edu" to qualify. A great many of colleges don't issue email addresses in the college domain. Mine doesn't.
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Contributr
A .edu address is not required
Ed Bott 4th Nov 2009
That is the easiest way to get this offer fulfilled, but there is a specific set of procedures for qualifying if you university does not provide you wath an e-mail adress:

http://ms.bluehornet.com/surveys/submit_my_id/en_us_7
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for students
zepro29 4th Nov 2009
there is much better deal for windows 7 professional for $29.00 which I found at Microsoft's Ultimate steal.

http://www.microsoft.com/student/discounts/theultimatesteal-us/default.aspx

get their development software for free at

http://www.dreamspark.com
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Contributr
That's the exact same offer
Ed Bott Updated - 4th Nov 2009
Just a different entry point and defaults to Professional instead of Home Premium.
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FAke?
levinson 6th Nov 2009
I hate to say this, but this site looks like a fake. Or am I just too
cautious?
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Contributr
Not a fake
Ed Bott 8th Nov 2009
If you start at the link I provided, you will see that it all sponsored by Microsoft and run by third parties they contracted.
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I see.. back to the sandbox
pkrdk 4th Nov 2009
And there goes any credibility from the blog owner out the window. Blah blah blah to a poster, how stupid he/she may be, sends us to the sandbox level. There are no stupid questions, only stupid answers.
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Not only students...
az_nemesis 29th Jan 2010
but anyone with an address that ends in .edu. Although, they seem to have stopped selling the $30 upgrade version and started only selling a $60 full version. The fact is, though, that I would have rather paid the extra $30 and got the full version. I bought the $30 upgrade just a couple of days before the change was made.
If this is the case then it just shows how Microsoft Marketing Machine is working into dominating other overseas markets.

1. Give it to them for free in the way of promoting piracy.

2. Wait a few years until piracy has gripped that nation wholly.

3. Go in and get your Legal System involved and demand action.


1, 2 and 3.
They work that way all the time.

When people are addicted they can't get away from it unless if they are strong willed enough to remove the temptation.

The WEAK Willed will always SUCCUMB to the TEMPTATIONS of the DEVIL.

Sorry about the preaching then again that is how the world is run.
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nt
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It's called 'Truth and Honesty'. I think you're allergic to it! (NT)
No More Microsoft Software Ever! Updated - 9th Nov 2009
NT
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That's how Apple made its sales
Wayne@... 5th Nov 2009
Sticking Apples in the classrooms so kids would learn on them and presumably want the same when the were old enough to buy.

I don't know-- are they still doing that?
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Big difference! Selling to schools v/s allowing piracy! (NT)
No More Microsoft Software Ever! 9th Nov 2009
NT
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Or...
az_nemesis 29th Jan 2010
taking an open source OS (i.e. Linux), tying it to specific software, making it all proprietary, then charging out the @$$ for it. Such is the way of Lord High Steve Jobs.

Oh, yeah, then when you can't run the software, telling you, "But you can also run Microsoft Windows and other software just by installing yet more software." So, Mac users run to put Windows on their machines in third-rate VMs, then pretend they're above it all. They're running bastardized Linux, then adding Windows to the mix--and paying dearly for the privilege. Please. Mac users are so pretentious...and foolish.
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Jesus just told me to tell you-
unclefixer@... 6th Nov 2009
That he very much enjoys a great deal of Microsoft products- and that he finds merit in all the common operating systems. Also he said that you should stuff a sock in it unless you're going to say something of merit.
Thank you.
www.dfwsupergeek.com
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You just profaned the holy spirit. Which is unforgivable (just like Gates, Ballmer and the MS corporation (on Jesus' authority)).
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supergeek
careybgood 9th Feb 2010
You aren't really selling web site design from that site are you?
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win741.com?
DAUnderwood 31st Dec 2010
Ed, the price at that link is $65. What am I missing?
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Thank you for contravention out each website and explanation what made the site one of the best? Too many era articles ranking top websites just demonstrate a screen shot with no clarification. thesis help | coursework writing | research writing
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media. They know what its used for and I dare say if I hadn't read this I'd assume the OEM media was fine for building my own machine.
I understood it was tied to the motherboard, but I have seen them support motherboard changes if it was a repair and not an upgrade.
The advantage of buying the retail edition is its easily installed on a second machine, especially if one was a 32 bit and one was a 64 bit. I had uninstalled it on the 32 bit machine and was only using one copy at a time but I never had to make "The Call".
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Contributr
Because System Builders buy there
Ed Bott 4th Nov 2009
I am a System Builder (seriously). In the past, I have built and sold 5-10 PCs per year. I buy the parts from retailers, either online or B&M. I certainly wouldn't set up a coporate account with Ingram for that level of business.

The problem is with the packaging and the training for resellers, not to mention the inconsistent/incomplete messaging.

And maybe, just maybe, there's some wink-and-a-nod stuff going on. I doubt that, because I know Microsoft realy doesn't work that way. But I supppose it's possible.
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Whole lotta winkin' and noddin' going on...
g-man_863 Updated - 8th Nov 2009
Regarding the statement:

Although it is possible for an individual to buy a System Builder copy of Windows 7 and install it on a new PC, that scenario is specifically prohibited by the license agreement, which requires that the software be installed using the OPK and then resold to a non-related third party. (As I noted in a September 2008 post, Microsoft once allowed hobbyists to use OEM System Builder software to build their own PCs, but the company switched to a hard-line stance on this issue sometime after Vista shipped in early 2007.)

"Hard line stance?" Seriously? The only requirements to purchase and install an OEM system builder copy of Windows 7 are money and a DVD drive!

On most major Internet retail sites, there is no mention nor disclosure of the above licensng terms. Online site "N".com regularly offers combo deals consisting of motherboards and barebones systems packaged with OEM copies of Windows 7 - most of which I would guess are purchased by hobbyists, not mom-and-pop computer stores.

Go to the computer components department of store "F" and you can buy OEM copies of Windows for up to 50% less than the retail packages located 40 feet away in their software department - a fact not lost on customers who go into the store carrying the Friday newspaper flyer advertising "WINDOWS 7 PREMIUM $109.99!"

Since almost all Windows activations are done on-line, Microsoft has no way of knowing who purchased the OEM. Even if they did, it seems legally possible a "system builder" could end up being a friend who "sold" you the PC for the cost of the parts and OS.

My take is Microsoft is playing a game of "Don't Ask, Don't Tell" with OEM licenses. If they were serious about enforcing the issue vendors selling OEM versions would be required to collect some proof of resale such as a tax ID or business license prior to purchase.

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You make more errors than most! Did you graduate High-School?
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System Builder, also
rboyd32@... 9th Nov 2009
I build computer for a hobby and am always giving them to friends. Age and health limit my ability to do much of anything else. Right now I have two machines on the table that I am building for the christmas season, both will have OEM windows 7 Professional installed. I have already upgraded a ASUS ee to Windows 7, OEM and it works perfect. It is much faster than it wase with Windows XP. I purchase all parts on-line as well as the OEM versions of Windows and have never had a problem with any of them that was not self-created by my carelessness or lack of knowledge.
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Faster than XP?
Bill1William 10th Nov 2009
Hi rboyd32, I do not have 7 yet but when my old XP machine died I bought a much more powerful Vista 64 computer. It is much slower in every way, and full of bugs neither HP or MS can fix. In the reports from PC mag Win 7 is about the same as Vista. Better at some things and slower at others but not much faster at anything. Are you sure you have the same apps loaded on your Win 7 computer that was loaded on the XP computer? On a clean install Win OS are fast and reliable.When loaded up they are slow and buggy. Bill My Vista64 has many locked and unlockable files and folders and I have found the same issue on the MS Win 7 support site. If they can fix this issue I may upgrade. Yes, many hours were wasted communicating with Ms and HP.
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In Germany...
wright_is 4th Nov 2009
The courts decided that a system builder is a system builder, whether they sell them or build them for themselves. 8-)
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Contributr
Do you have a link for that?
Ed Bott 4th Nov 2009
...
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In Germany...
dawgstyler 6th Nov 2009
The German courts can decided what ever they want. The fact remains that according to MS a system builder has to use the OPK to install windows. Which means they are on the hook for supporting that user. As Ed Stated:

"Although it is possible for an individual to buy a System Builder copy of Windows 7 and install it on a new PC, that scenario is specifically prohibited by the license agreement, which requires that the software be installed using the OPK and then resold to a non-related third party"
So MS isn't dictating who is considered a system builder, but they are dictating how the software can be used. I am not saying this is right or wrong, it just is what it is.
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Like MS will support retail versions without the consumer paying BIG BUCKS?
No More Microsoft Software Ever! Updated - 9th Nov 2009
Please! MS charges EVERYONE who calls. And a hefty price it is!
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I wondered too
Muttz 7th Nov 2009
Have any of you checked out the "barebone kits" from retailers such as Tiger Direct? They include an OEM copy of Windows 7. Interesting...
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I've purchased and installed OEM versions in the past with no problem.
No More Microsoft Software Ever! 9th Nov 2009
Course, I have not purchased a Windows version since moving to Mac (so much better and my morality is upheld) so I don't know about today's 'latest pushed in your arse' version!
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Now, how long did this take you?
Cylon Centurion 4th Nov 2009
It's quite saddening that Microsoft can't take the time to do something similar.

Thanks Ed, this really clears up the recent mess created by confused customers.
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Contributr
The chart took a week
Ed Bott 4th Nov 2009
The research has taken literally years.
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I don't doubt it.
Cylon Centurion 4th Nov 2009
I'm sure the licensing schemes change over time. Something Microsoft should keep track of and better convey to its customers.
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And The Road Goes On Forever
klumper 4th Nov 2009
It's the Microsoft Way.
good lord! think about linux.

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