Is it legal to buy a Dell with Vista Business Edition and downgrade it to XP Professional?

  • Thread starter Thread starter Puppy Breath
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Puppy Breath

As far as I know you're free to put any OS you want on any computer you
want.

Do you have to buy the machine from Dell? If not, you could just buy a no-OS
system and install whatever you want on it. Here's some at TigerDirect:

http://www.tigerdirect.com/applications/category/category_slc.asp?CatId=336&

Some of them are "barebones", which means you may have to choose some
components as extras. But you can get whatever you want and not be stuck
with Vista or all the other garbage that the big box makers put on their
machines ;-)
 
I was wondering if itIs legal to buy a Dell with Vista Business
Edition and downgrade it to XP Professional?

Microsoft & Dell have put me in a back spot. I never expected this
transition to happen overnight the way it did.

Dell has few offerings worth buying that still have XP Pro on them.

Since the applications I want to use are not "Yet" supported by
Windows Vista, can I buy a new machine with Vista Business Edition,
replace the hard drive or reformat and install XP Professional instead
without purchasing a copy of XP Pro?

I do have access to a Dell XP Pro CD, and I understand installing it
does not prompt to ask for the license key.

Does Microsoft's COA allow me to do this? It would seem rediculous
for Microsoft to expect me to spend a few hundred dollars on a copy of
XP Pro to "hold me over" until the software & hardware world have
caught up in the transition. It would be a bad investment to buy a
brand new machine with XP when Vista is already out, and just until
recently Dell were offering the machines with XP and a free upgrade to
Vista.

I'm i'm not able to do that, can anyone provide a link or number where
I can buy a Dell with XP Pro on it and a free upgrade to Vista Bus?

Thanks.

I'd also like to read the Vista Bus. Edition COA if someone can
provide a link to it. I've already heard different answers from Dell
about this, and i'm sure some of them would be happy to just sell me a
copy of XP, even if I don't really need to buy it.
 
On first reading I missed the part about the Dell Pro CD being for a
different computer. If that's already installed on that other computer, I
don't think you'll be able to activate it after you do get it installed.
 
It would be a violation of the EULA to use the XP disk from a different Dell
on your new one, it is an OEM license and only allowed for use on the PC it
shipped with. Also, you didn't spend "a few hundred dollars" on the copy of
XP that shipped with your old Dell, likely you paid less than $100 for it.
That being said, it is likely that you can use it to install XP on the Vista
machine, and it may even retain it's pre-activation as long as it recognizes
that your new PC is a Dell.
Another option would be to run an XP Virtual machine on the new Vista
machine and run your non Vista compatible software there.

--

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On first reading I missed the part about the Dell Pro CD being for a
different computer. If that's already installed on that other computer, I
don't think you'll be able to activate it after you do get it installed.
appy to just sell me a
Click to expand...

The Windows XP Pro installation CDs from Dell are generic, and do not
require entering the product key. Of course, they will only work with
Dell.

I'm asking this for legal advice about it, not rather if it can be
done.

So if Microsoft allows one to downgrade from Vista Bus to XP Pro, I
have the needed media to do so. Just want to make sure they aren't
going to have a cow about it. If so, i'll probably end up waiting
before buying a new pc since it is so rediculous to buy a new pc with
an outdated OS and pay full price to upgrade it in a few months when
the computer world is ready for us to do so.
 
John Lima said:
I was wondering if itIs legal to buy a Dell with Vista Business
Edition and downgrade it to XP Professional?

Microsoft & Dell have put me in a back spot. I never expected this
transition to happen overnight the way it did.

Dell has few offerings worth buying that still have XP Pro on them.

Since the applications I want to use are not "Yet" supported by
Windows Vista, can I buy a new machine with Vista Business Edition,
replace the hard drive or reformat and install XP Professional instead
without purchasing a copy of XP Pro?

I do have access to a Dell XP Pro CD, and I understand installing it
does not prompt to ask for the license key.

Does Microsoft's COA allow me to do this? It would seem rediculous
for Microsoft to expect me to spend a few hundred dollars on a copy of
XP Pro to "hold me over" until the software & hardware world have
caught up in the transition. It would be a bad investment to buy a
brand new machine with XP when Vista is already out, and just until
recently Dell were offering the machines with XP and a free upgrade to
Vista.

I'm i'm not able to do that, can anyone provide a link or number where
I can buy a Dell with XP Pro on it and a free upgrade to Vista Bus?

Thanks.

I'd also like to read the Vista Bus. Edition COA if someone can
provide a link to it. I've already heard different answers from Dell
about this, and i'm sure some of them would be happy to just sell me a
copy of XP, even if I don't really need to buy it.
Click to expand...

Hi John,

What you are referring to is "downgrade" rights where you are legally
allowed to use a previous version of the operating system and move back up
to the one you originally purchase when you are ready.
The OEM End User License Agreement for Windows Vista Business
(EULAID:VISTA_RM.0_BUS_OEM_en-US) contains the following section:

14. DOWNGRADE. Instead of using the software, you may use one of the
following earlier versions:
. Microsoft Windows XP Professional,
. Microsoft Windows Professional x64 Edition, or
. Microsoft Windows XP Tablet PC Edition.
This agreement applies to your use of the earlier versions. If the earlier
version includes different components, any terms for those components in the
agreement that comes with the earlier version apply to your use of them.
Neither the manufacturer or installer, nor Microsoft is obligated to supply
earlier versions to you. You must obtain the earlier version separately.
At any time, you may replace an earlier version with this version of the
software.


So the short answer is yes you have downgrade rights - now how you acquire
the software that you are licensed to use is up to you.
If you have a SLP (BIOS locked) protected Dell OEM CD that will work on your
machine then you are legal as you hold a valid license for Vista that
include downgrade rights and you have the software to use to exercise those
rights.
 
Just so you guys know the dell cds have their cd keys in a file on the disk
in the i386 folder. Look for Winnt.sif this has some of the setup information
in it. For dells that come preinstalled most are actually using the same cd
key. Which is in the sysprep folder. So actually there could be millions of
folks using the same cd key for a dell machine. Since dells activate using
the bios it is able to do that.
 
Thanks Mike. That does sum it up.

I'm unable to find this online to read myself. Can you post a link?

Does anyone disagree that this upgrade path may not be legal?
Microsoft certainly makes it difficult to find out, and Dell would
love to be able to tell people they have to pay for a copy of XP Pro
even if they own Vista Bus.

If this EULA is the correct one for Dell as an OEM, this EULA is
saying you may certainly legally downgrade but Microsoft won't supply
you with the media which you need to obtain yourself. I already have
the media.

-------------------------------------------------------------------------------------------------------------



What you are referring to is "downgrade" rights where you are legally
allowed to use a previous version of the operating system and move
back up
to the one you originally purchase when you are ready.
The OEM End User License Agreement for Windows Vista Business
(EULAID:VISTA_RM.0_BUS_OEM_en-US) contains the following section:

14. DOWNGRADE. Instead of using the software, you may use one of the
following earlier versions:
. Microsoft Windows XP Professional,
. Microsoft Windows Professional x64 Edition, or
. Microsoft Windows XP Tablet PC Edition.
This agreement applies to your use of the earlier versions. If the
earlier version includes different components, any terms for those
components in the agreement that comes with the earlier version apply
to your use of them.

Neither the manufacturer or installer, nor Microsoft is obligated to
supply earlier versions to you. You must obtain the earlier version
separately. At any time, you may replace an earlier version with this
version of the software.

So the short answer is yes you have downgrade rights - now how you
acquire the software that you are licensed to use is up to you.
If you have a SLP (BIOS locked) protected Dell OEM CD that will work
on your machine then you are legal as you hold a valid license for
Vista that include downgrade rights and you have the software to use
to exercise those rights.
 
The only issue I see as far as the EULA is you don't have a valid license to
install it on the Vista PC. Even though the Dell CD uses a volume key, you
still technically need a license to run it on a Dell other than the one it
shipped with (that one has the COA on the case).

--

----
Crosspost, do not multipost http://www.blakjak.demon.co.uk/mul_crss.htm
How to ask a question http://support.microsoft.com/kb/555375
How to Post http://www.dts-l.org/goodpost.htm
http://www.db-pc.com
_________________________________________________________________________________
 
John

You can put your own OS on it.. two things to bear in mind first.

#1.. driver availability.. you may be reliant on Dell supplying XP drivers
for the model..

#2.. the warranty will be invalidated.. if sent back for repair, you will be
obliged to reload the OS supplied with the machine..


John Lima said:
The Windows XP Pro installation CDs from Dell are generic, and do not
require entering the product key. Of course, they will only work with
Dell.

I'm asking this for legal advice about it, not rather if it can be
done.

So if Microsoft allows one to downgrade from Vista Bus to XP Pro, I
have the needed media to do so. Just want to make sure they aren't
going to have a cow about it. If so, i'll probably end up waiting
before buying a new pc since it is so rediculous to buy a new pc with
an outdated OS and pay full price to upgrade it in a few months when
the computer world is ready for us to do so.
Click to expand...

--


Mike Hall
MS MVP Windows Shell/User
http://msmvps.com/blogs/mikehall/
 
It would be a violation of the EULA to use the XP disk from a different Dell
on your new one, it is an OEM license and only allowed for use on the PC it
shipped with. Also, you didn't spend "a few hundred dollars" on the copy of
XP that shipped with your old Dell, likely you paid less than $100 for it.
That being said, it is likely that you can use it to install XP on the Vista
machine, and it may even retain it's pre-activation as long as it recognizes
that your new PC is a Dell.
Another option would be to run an XP Virtual machine on the new Vista
machine and run your non Vista compatible software there.
Click to expand...

I had no problems reinstalling my Dell Media Center Edition 2005 license after
having put my Dell Vista Home Premium Upgrade on it. The XP re-install did
retain the original activation, by the way, since I never changed any hardware
on the machine.

However, if you want to retain your current files, you will to have either keep
Vista on it, or upgrade to a higher edition of Vista, since to down-grade, one
must do a clean install, which will delete all files on the HD.

Donald L McDaniel
Please Reply to the Original thread.
============================================================
 
HelloJohn,

Here is the licensing link on downgrade rights:
http://www.microsoft.com/downloads/details.aspx?FamilyID=4f4b3cfd-7f4e-46cb-
8117-8275f7683d3f&DisplayLang=en

http://www.microsoft.com/windowsxp/pro/howtobuy/corpSmallBiz.mspx

Can I downgrade my OEM version of Windows Vista Business to Windows XP
Professional?
Yes. OEM downgrade rights for desktop PC operating systems apply to Windows
Vista Business and Windows Vista Ultimate as stated in the License Terms.
Please note, OEM downgrade versions of Windows Vista Business and Windows
Vista Ultimate are limited to Windows XP Professional (including Windows XP
Tablet PC Edition and Windows XP x64 Edition). End users can use the
following media for their downgrade: Volume Licensing media (provided the
end user has a Volume Licensing agreement), retail (FPP), or system builder
hologram CD (provided the software is acquired in accordance with the
Microsoft OEM System Builder License). Use of the downgraded operating
system is governed by the Windows Vista Business License Terms, and the end
user cannot use both the downgrade operating system and Windows Vista
Business. There are no downgrade rights granted for Windows Vista Home
Basic or Windows Vista Home Premium.

Thanks,
Darrell Gorter[MSFT]

This posting is provided "AS IS" with no warranties, and confers no rights
--------------------
|>From: (e-mail address removed) (John Lima)
|>Newsgroups: microsoft.public.windows.vista.installation_setup
|>Subject: Re: Is it legal to buy a Dell with Vista Business Edition and
downgrade it to XP Professional?
|>Date: Mon, 12 Mar 2007 18:54:30 GMT
|>Organization: Posted via Supernews, http://www.supernews.com
|>Message-ID: <[email protected]>
|>References: <[email protected]>
<[email protected]>
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|>X-Tomcat-NG: microsoft.public.windows.vista.installation_setup
|>
|>Thanks Mike. That does sum it up.
|>
|>I'm unable to find this online to read myself. Can you post a link?
|>
|>Does anyone disagree that this upgrade path may not be legal?
|>Microsoft certainly makes it difficult to find out, and Dell would
|>love to be able to tell people they have to pay for a copy of XP Pro
|>even if they own Vista Bus.
|>
|>If this EULA is the correct one for Dell as an OEM, this EULA is
|>saying you may certainly legally downgrade but Microsoft won't supply
|>you with the media which you need to obtain yourself. I already have
|>the media.
|>
|>--------------------------------------------------------------------------
-----------------------------------
|>
|>
|>
|>What you are referring to is "downgrade" rights where you are legally
|>allowed to use a previous version of the operating system and move
|>back up
|>to the one you originally purchase when you are ready.
|>The OEM End User License Agreement for Windows Vista Business
|>(EULAID:VISTA_RM.0_BUS_OEM_en-US) contains the following section:
|>
|>14. DOWNGRADE. Instead of using the software, you may use one of the
|>following earlier versions:
|> . Microsoft Windows XP Professional,
|> . Microsoft Windows Professional x64 Edition, or
|> . Microsoft Windows XP Tablet PC Edition.
|>This agreement applies to your use of the earlier versions. If the
|>earlier version includes different components, any terms for those
|>components in the agreement that comes with the earlier version apply
|>to your use of them.
|>
|>Neither the manufacturer or installer, nor Microsoft is obligated to
|>supply earlier versions to you. You must obtain the earlier version
|>separately. At any time, you may replace an earlier version with this
|>version of the software.
|>
|>So the short answer is yes you have downgrade rights - now how you
|>acquire the software that you are licensed to use is up to you.
|>If you have a SLP (BIOS locked) protected Dell OEM CD that will work
|>on your machine then you are legal as you hold a valid license for
|>Vista that include downgrade rights and you have the software to use
|>to exercise those rights.
|>--
|>Mike Brannigan
|>
|>
 
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