Can Windows 7 Still Upgrade to Windows 10
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@manxam said in Can Windows 7 Still Upgrade to Windows 10:
SW actually had a similar discussion some time ago and Chris (formerly Chris from MS -- who was always extremely helpful in answering licensing questions) replied in no uncertain terms that this is not a valid method of receiving a LEGAL license of Windows 10.
Did you read that thread? I just went through it and none of that is in there.
First, Chris isn't in that thread. So he didn't offer any input. He's not been with MS since this situation even existed, so he'd not have any insight anyway.
Second, the thread is about the stuff we've already covered doesn't apply. I couldn't find anything in the thread applying to the situation being discussed.
The summary of the thread is the same thing we knew from the beginning... that the activation isn't a factor. But since that's not the license that we are discussing, why link the thread.
That that thread has been linked suggests that the concerns around the activation aren't valid, because they are based on factors that aren't applicable here. If there is something in that thread relating to this discussion (e.g. nothing to do with the 2016 offer, the assisstive tech, or the activation), I'm not sure what it was.
The SW thread is great and makes lots of great points. The old paths are closed to us, activation doesn't mean license, on and on. All correct information (from what I can tell.) But what I don't see is anyone addressing the current upgrade path that we have been using which is not created by or associated with any of those things.
Here is a great quote from Rod-IT on the SW thread: "I don't know why you are fixated on the fact you 'can do it' and not 'does this make me licensed'". That really shows just how much that thread is different, as the threads here on ML are completely focused on "we've gotten a proper license" and not about the activation. If you go through these threads, we are constantly trying to very that the fully legal license is valid, no concern for how technical activation might work. Yes, activation is required, but it is required as part of the instructions in the EULA that we just received.
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@manxam said in Can Windows 7 Still Upgrade to Windows 10:
I choose to err on the side of legality/compliance when we're possibly placing a client at risk.
So do all of us. Hence why we've dug into the paperwork so thoroughly to ensure that every step of the way is blessed by Microsoft and results clearly in a new EULA and is based in no way on any activation status like people on SW were doing.
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I ran it by another person who, while not legal counsel, does the prelims on our legal stuff and he said it was a clearly issued new license as they issue a EULA to which you agree and as long as that EULA is freely given by MS, it's a fresh license. All the other stuff is just red herrings. The new license issues by Microsoft under honest pretenses is all that is needed (and the subsequent activation, of course, which the EULA stipulates.)
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@scottalanmiller said in Can Windows 7 Still Upgrade to Windows 10:
I ran it by another person who, while not legal counsel, does the prelims on our legal stuff and he said it was a clearly issued new license as they issue a EULA to which you agree and as long as that EULA is freely given by MS, it's a fresh license. All the other stuff is just red herrings. The new license issues by Microsoft under honest pretenses is all that is needed (and the subsequent activation, of course, which the EULA stipulates.)
Would it be a good idea to print and keep that EULA?
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@JasGot said in Can Windows 7 Still Upgrade to Windows 10:
@scottalanmiller said in Can Windows 7 Still Upgrade to Windows 10:
I ran it by another person who, while not legal counsel, does the prelims on our legal stuff and he said it was a clearly issued new license as they issue a EULA to which you agree and as long as that EULA is freely given by MS, it's a fresh license. All the other stuff is just red herrings. The new license issues by Microsoft under honest pretenses is all that is needed (and the subsequent activation, of course, which the EULA stipulates.)
Would it be a good idea to print and keep that EULA?
Why would you keep a physical copy of anything like this today?
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@manxam "Having been a witness to a Microsoft LLC audit" - was this a SAM audit a BAS audit or an actual audit directly from MS? Unless it was from BAS, or directly from MS (not an affiliate) then is was just a sales pitch intended to extract money for nothing.
If you receive a new EULA and agree, you have received a new license, hence the term EULA - it's in the name "License Agreement"
Only a BAS audit has any teeth, and they really only go after habitual offenders, like installing office on 50 machines but only buying one retail box
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@JasGot said in Can Windows 7 Still Upgrade to Windows 10:
@scottalanmiller said in Can Windows 7 Still Upgrade to Windows 10:
I ran it by another person who, while not legal counsel, does the prelims on our legal stuff and he said it was a clearly issued new license as they issue a EULA to which you agree and as long as that EULA is freely given by MS, it's a fresh license. All the other stuff is just red herrings. The new license issues by Microsoft under honest pretenses is all that is needed (and the subsequent activation, of course, which the EULA stipulates.)
Would it be a good idea to print and keep that EULA?
Never a bad idea. Although MS is not in the business of faking them. I'd not be worried as your original is on the drive of any working system. And if the system has died, it can't be audited.
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Just to clarify as I have dealt with this in the past, have consulted attorneys, and have done extensive research on MS licensing compliance. MS has three ways that they perform audits:
But first, a word from the lawyers.... Understanding licensing agreements are not for the faint of heart, nor for those who have not had professional legal training. They are complex, and even most attorneys will not attempt to tackle this multidimensional albatross. The law firm we used referred us to a firm that specializes in software licensing. They are expensive, and unless you are the target of an actual Microsoft license compliance verification or a Business Software Alliance audit you will not have to go down this rabbit hole.
Back to their methods:
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SAM audit, or Software Asset Management audit. This is voluntary, and is always done by a third party reseller. This is the most common encountered, and a lot of companies comply because they think it is required. It is not, and is in almost all cases, a sales pitch intended to extract licensing fees from the company whether they are needed or not. Again, this is voluntary, and you can refuse with no repercussions. I know what you are going to say..."But won't this lead to a full audit?" Nope... refused a number of them and never heard another word.
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Microsoft license compliance verification. This is invoked by Microsoft and is done by a third party accounting firm. This type of audit is rarely done, and if you are the target, you would receive a certified letter directly from Microsoft. At this point, you should engage an attorney. If you are the target of this type of audit, you are probably out of compliance, and you would probably already know you are out of compliance.
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BSA or Business Software Alliance audit. In most cases, this is triggered by a whistle blower who turned in your company. They offer rewards, so there is incentive for people to turn in companies who are pirating software. They do not exclusively audit Microsoft products, but this is by and large their biggest customer. They also act on behalf of Adobe, Autodesk, Oracle, and a litany of others. Again, with a BSA audit you would receive a certified letter, not an email, and again, if you get one of these, contact an attorney before doing anything.
At the end of the day, if you have been issued a EULA, and your software activates, you are probably just fine and have nothing to worry about.
Even if you end up with BSA or direct Microsoft audit, you will probably just have to buy some licenses and move on. Unless you are knowingly installing pirated software, or using some tool to bypass the activation process, you will likely never encounter anything beyond a SAM request.
I hope this clarifies some issues and belays some concerns.
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@pchiodo This is good info, thank you. I have been plagued with yearly SAM audits for as long as I have been working for this company. I've never received requests for SAM audits before starting working for this company 7 years ago. We are 100% compliant on all licenses we need, and yet they are now asking me to prove the purchases of each 57 computers we currently have in circulation basing their request on all the free Windows 10 upgrades and not having licenses for them. When last year we passed this audit. So I think I am going to send them a note saying I will not complete this Audit.
Thanks for posting this.
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@Natchos said in Can Windows 7 Still Upgrade to Windows 10:
@pchiodo This is good info, thank you. I have been plagued with yearly SAM audits for as long as I have been working for this company. I've never received requests for SAM audits before starting working for this company 7 years ago. We are 100% compliant on all licenses we need, and yet they are now asking me to prove the purchases of each 57 computers we currently have in circulation basing their request on all the free Windows 10 upgrades and not having licenses for them. When last year we passed this audit. So I think I am going to send them a note saying I will not complete this Audit.
Thanks for posting this.
I've started telling SAM Auditors that "we know what a SAM audit is and don't need to be sold anything we don't need as we understand how licensing works" and they just stop responding after that.
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@scottalanmiller that works for me. Sent them a reply, hopefully I didn't land on a relentless guy!
Thanks for the input, it's great. -
@Natchos said in Can Windows 7 Still Upgrade to Windows 10:
@scottalanmiller that works for me. Sent them a reply, hopefully I didn't land on a relentless guy!
Thanks for the input, it's great.Once you turn them down, you can just mark them as spammers and block them. There is no requirement to respond at all.
