Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1
-
@bnrstnr said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
Also, this picture can be 100% ignored because it's not the EULA. This cannot be submitted as evidence. There is another page directly saying that the free upgrade period has ended and that you have to buy a Windows 10 license if you're upgrading from 7. Which was immediately dismissed as it's not EULA.
That page is the allowance to download the MCT. When you run the MCT, it gives you the EULA. This is all covered in the thread. I'm not sure why pointing out something random is not the license, when we keep showing the actual license and explaining where it came from, comes up.
And correct, any random web page that isn't part of the license path doesn't matter. The one you just showed, though, is part of the path and if that page said that you could only download this and run it under certain circumstances, that would have legal teeth. But it does not, so while it is not the EULA, does matter, unlike a random web page you are under no obligation to read.
-
@Dashrender said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
Exactly - and the EULA says the same thing - though it's more simply states - have a license - it doesn't say a license for what - and it doesn't mention upgrading until another section.
Yup, and since you have a license exactly as described by the EULA, the EULA is 100% valid. Hence why there isn't any gray area. You are properly licensed before, you do the upgrade as mentioned in the EULA, and the new EULA is your new license agreement.
Really simple. Every rule followed, everything described in the EULA is done.
-
@wayneh_nz said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@scottalanmiller https://support.microsoft.com/en-us/help/12435/windows-10-upgrade-faq
Just because you can does not mean you are allowed. From MS own page
Do I still qualify for the free upgrade offer if I've already downloaded Windows 10 to a USB drive, but haven't yet upgraded my device?
All upgrades must have completed and reached the "Welcome" screen by 11:59 PM UTC-10 (Hawaii) on July 29, 2016; this is one worldwide point in timeThat's a different offer. This has been covered in the threads over and over. There are multiple programs like this that have ended. That other offers have ended, or that other unrelated pages say that there isn't an upgrade have nothing to do with the situation being discussed. None of that is relevant to this upgrade discussion, they are about an upgrade that was superseded by another in 2016, and superseded by this one in 2018. We even have a whole thread explaining why MS does this.
-
@DustinB3403 said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
Here is the all important bit of information, directly on the MCT website.
That line is the strongest argument against the availability of the free upgrade, not for it. This is where I'd have to agree with @bnrstnr that that is suggestive that another license is required prior to downloading the MCT.
-
@scottalanmiller said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@Dashrender said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
Exactly - and the EULA says the same thing - though it's more simply states - have a license - it doesn't say a license for what - and it doesn't mention upgrading until another section.
Yup, and since you have a license exactly as described by the EULA, the EULA is 100% valid. Hence why there isn't any gray area. You are properly licensed before, you do the upgrade as mentioned in the EULA, and the new EULA is your new license agreement.
Really simple. Every rule followed, everything described in the EULA is done.
I need to see that section again - that specifically talks about upgrading.
-
And that's why the entire path matters, not just one piece, without that line we have absolutely nothing to suggest that not all licenses are already in place because of the upgrade.
But MS runs into problems like that being intentionally hidden on the download page by default making you dig for it and if their expansion code doesn't work, it doesn't exist.
However, more importantly, if you go to the MCT from Linux, that limitation does not exist. There are no limitations whatsoever on the install / upgrade tool.
-
@scottalanmiller said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@DustinB3403 said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
Here is the all important bit of information, directly on the MCT website.
That line is the strongest argument against the availability of the free upgrade, not for it. This is where I'd have to agree with @bnrstnr that that is suggestive that another license is required prior to downloading the MCT.
AND it's in the license path you've been talking about.
-
@Dashrender said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
I need to see that section again - that specifically talks about upgrading.
I posted it. But the upgrade section only says that you need a valid license (which Windows 7, 8, and 8.1 are valid Windows licenses) and that that license be genuine (which can only apply to the old license, not the new one you are reading) and can only apply to those three because they are the only possible "upgrade from" options and that you have to accept the EULA and not try to work around the activation.
So you "have a valid license" + "are given a new license" + "accept the new license" + "successfully activate" and that's following all of the requirements.
-
@Dashrender said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@scottalanmiller said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@DustinB3403 said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
Here is the all important bit of information, directly on the MCT website.
That line is the strongest argument against the availability of the free upgrade, not for it. This is where I'd have to agree with @bnrstnr that that is suggestive that another license is required prior to downloading the MCT.
AND it's in the license path you've been talking about.
No, it's only sometimes in the path. That makes it way more complicated, because I checked for it previously, and just again now to make sure that I got the MCT through the official channel and it isn't in my path - or available to me at all. MS blocks me from that page completely and gives me a totally different MCT page without that info.
-
@scottalanmiller said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@DustinB3403 said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
Here is the all important bit of information, directly on the MCT website.
That line is the strongest argument against the availability of the free upgrade, not for it. This is where I'd have to agree with @bnrstnr that that is suggestive that another license is required prior to downloading the MCT.
According to the EULAs, you do have a license to upgrade to Win10 by having a proper Win7 or 8.1.
-
@Obsolesce said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@scottalanmiller said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@DustinB3403 said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
Here is the all important bit of information, directly on the MCT website.
That line is the strongest argument against the availability of the free upgrade, not for it. This is where I'd have to agree with @bnrstnr that that is suggestive that another license is required prior to downloading the MCT.
According to the EULAs, you do have a license to upgrade to Win10 by having a proper Win7 or 8.1.
That's the hard part, does the EULA come into effect before or after the download? After, AFAIK. And the MCT seems to say (on that one page) that you need a Windows 10 Installation License and are upgrading. Not that you have a valid license and are upgrading.
The wording is subtle but matters. But isn't universally present in all Windows 10 acquisition methods.
-
@scottalanmiller said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@Obsolesce said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@scottalanmiller said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@DustinB3403 said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
Here is the all important bit of information, directly on the MCT website.
That line is the strongest argument against the availability of the free upgrade, not for it. This is where I'd have to agree with @bnrstnr that that is suggestive that another license is required prior to downloading the MCT.
According to the EULAs, you do have a license to upgrade to Win10 by having a proper Win7 or 8.1.
That's the hard part, does the EULA come into effect before or after the download? After, AFAIK. And the MCT seems to say (on that one page) that you need a Windows 10 Installation License and are upgrading. Not that you have a valid license and are upgrading.
The wording is subtle but matters. But isn't universally present in all Windows 10 acquisition methods.
This is the part that I say is to ambiguous. It says you have to have a "valid License" AND are upgrading... You're reading that to mean SINCE you're upgrading, the only thing you can upgrade from is Win 7 or 8.1, therefore the valid license can only apply to a win 7 or 8.1 license... I sorta see that... but it just seems wrong.
At this point I'll just let it go because I'm no lawyer and can't really guess how a court would rule.
-
@scottalanmiller said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@Obsolesce said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@scottalanmiller said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@DustinB3403 said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
Here is the all important bit of information, directly on the MCT website.
That line is the strongest argument against the availability of the free upgrade, not for it. This is where I'd have to agree with @bnrstnr that that is suggestive that another license is required prior to downloading the MCT.
According to the EULAs, you do have a license to upgrade to Win10 by having a proper Win7 or 8.1.
That's the hard part, does the EULA come into effect before or after the download? After, AFAIK. And the MCT seems to say (on that one page) that you need a Windows 10 Installation License and are upgrading. Not that you have a valid license and are upgrading.
The wording is subtle but matters. But isn't universally present in all Windows 10 acquisition methods.
It depends on the device you are ON when you go to the site and download the MCT and run it. On one device I get a straightforward EULA. On another, I get a single paragraph. I have not tried it on a Win7 device.
-
@Obsolesce said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@scottalanmiller said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@Obsolesce said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@scottalanmiller said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@DustinB3403 said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
Here is the all important bit of information, directly on the MCT website.
That line is the strongest argument against the availability of the free upgrade, not for it. This is where I'd have to agree with @bnrstnr that that is suggestive that another license is required prior to downloading the MCT.
According to the EULAs, you do have a license to upgrade to Win10 by having a proper Win7 or 8.1.
That's the hard part, does the EULA come into effect before or after the download? After, AFAIK. And the MCT seems to say (on that one page) that you need a Windows 10 Installation License and are upgrading. Not that you have a valid license and are upgrading.
The wording is subtle but matters. But isn't universally present in all Windows 10 acquisition methods.
It depends on the device you are ON when you go to the site and download the MCT and run it. On one device I get a straightforward EULA. On another, I get a single paragraph. I have not tried it on a Win7 device.
And the fact that the pages all show different shite depending on what OS you're coming from just makes this even more crazy - Though I'm betting that's just lazy programming more than anything.
-
Also worth noting, according to the MCT page, only Windows 7 and Windows 8.1 are eligible for upgrade, NOT Windows 8!
I assume because Windows 8 left support early, so is no longer valid.
-
@Dashrender said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@Obsolesce said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@scottalanmiller said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@Obsolesce said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@scottalanmiller said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@DustinB3403 said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
Here is the all important bit of information, directly on the MCT website.
That line is the strongest argument against the availability of the free upgrade, not for it. This is where I'd have to agree with @bnrstnr that that is suggestive that another license is required prior to downloading the MCT.
According to the EULAs, you do have a license to upgrade to Win10 by having a proper Win7 or 8.1.
That's the hard part, does the EULA come into effect before or after the download? After, AFAIK. And the MCT seems to say (on that one page) that you need a Windows 10 Installation License and are upgrading. Not that you have a valid license and are upgrading.
The wording is subtle but matters. But isn't universally present in all Windows 10 acquisition methods.
It depends on the device you are ON when you go to the site and download the MCT and run it. On one device I get a straightforward EULA. On another, I get a single paragraph. I have not tried it on a Win7 device.
And the fact that the pages all show different shite depending on what OS you're coming from just makes this even more crazy - Though I'm betting that's just lazy programming more than anything.
In general, license information is something I don't think MS allows "lazy" to come into. They are crazy strategic about this stuff.
-
@Obsolesce said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@scottalanmiller said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@Obsolesce said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@scottalanmiller said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@DustinB3403 said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
Here is the all important bit of information, directly on the MCT website.
That line is the strongest argument against the availability of the free upgrade, not for it. This is where I'd have to agree with @bnrstnr that that is suggestive that another license is required prior to downloading the MCT.
According to the EULAs, you do have a license to upgrade to Win10 by having a proper Win7 or 8.1.
That's the hard part, does the EULA come into effect before or after the download? After, AFAIK. And the MCT seems to say (on that one page) that you need a Windows 10 Installation License and are upgrading. Not that you have a valid license and are upgrading.
The wording is subtle but matters. But isn't universally present in all Windows 10 acquisition methods.
It depends on the device you are ON when you go to the site and download the MCT and run it. On one device I get a straightforward EULA. On another, I get a single paragraph. I have not tried it on a Win7 device.
The EULA itself should appear after install, not prior to install (well during, you know.)
-
@scottalanmiller said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@Dashrender said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@Obsolesce said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@scottalanmiller said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@Obsolesce said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@scottalanmiller said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@DustinB3403 said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
Here is the all important bit of information, directly on the MCT website.
That line is the strongest argument against the availability of the free upgrade, not for it. This is where I'd have to agree with @bnrstnr that that is suggestive that another license is required prior to downloading the MCT.
According to the EULAs, you do have a license to upgrade to Win10 by having a proper Win7 or 8.1.
That's the hard part, does the EULA come into effect before or after the download? After, AFAIK. And the MCT seems to say (on that one page) that you need a Windows 10 Installation License and are upgrading. Not that you have a valid license and are upgrading.
The wording is subtle but matters. But isn't universally present in all Windows 10 acquisition methods.
It depends on the device you are ON when you go to the site and download the MCT and run it. On one device I get a straightforward EULA. On another, I get a single paragraph. I have not tried it on a Win7 device.
And the fact that the pages all show different shite depending on what OS you're coming from just makes this even more crazy - Though I'm betting that's just lazy programming more than anything.
In general, license information is something I don't think MS allows "lazy" to come into. They are crazy strategic about this stuff.
So now you're saying that if you download the MCT from Linux - that you just get free shit (ok not really still have to have valid Win 7 or 8.1 license) but if you download from windows - you get this potential that you can't actually use MCT unless you have a valid Windows 10 license first AND are using MCT to upgrade a win 7 or 8.1 system... that just seems crazy.
-
@scottalanmiller said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
Also worth noting, according to the MCT page, only Windows 7 and Windows 8.1 are eligible for upgrade, NOT Windows 8!
I assume because Windows 8 left support early, so is no longer valid.
Sure, but 8 can be upgraded to 8.1 (at least as far as I know it still can be).
-
@scottalanmiller said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@Obsolesce said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@scottalanmiller said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@Obsolesce said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@scottalanmiller said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
@DustinB3403 said in Free Upgrade to Windows 10 in 2019 from Windows 7, Windows 8, and Windows 8.1:
Here is the all important bit of information, directly on the MCT website.
That line is the strongest argument against the availability of the free upgrade, not for it. This is where I'd have to agree with @bnrstnr that that is suggestive that another license is required prior to downloading the MCT.
According to the EULAs, you do have a license to upgrade to Win10 by having a proper Win7 or 8.1.
That's the hard part, does the EULA come into effect before or after the download? After, AFAIK. And the MCT seems to say (on that one page) that you need a Windows 10 Installation License and are upgrading. Not that you have a valid license and are upgrading.
The wording is subtle but matters. But isn't universally present in all Windows 10 acquisition methods.
It depends on the device you are ON when you go to the site and download the MCT and run it. On one device I get a straightforward EULA. On another, I get a single paragraph. I have not tried it on a Win7 device.
The EULA itself should appear after install, not prior to install (well during, you know.)
Can you imagine having to accept a EULA before you even get to see the EULA? A judge would throw the entire thing out in a heartbeat.
Plaintiff: Your honor, I can't possible accept the EULA for <whatever> without being given the chance to read and accept the EULA.
Microsoft: Your honor, we really just want to force anything and everything down any user or company that ever even wants to consider our product.
Judge: Yeah MS. . . eat an entire bag of ****s.
