Vista OEM + Win7 Upgrade = Win7 Retail?

As Jigga mentioned in this thread, Paul Thurrott has confirmed you can do a clean install of Win7 with the upgrade media. So my question isn't about installation logistics; it's about what I am entitled to do with my Win7 license (does it retain the OEM limitations or is it a retail version)? When I buy the Win7 upgrade am I "destroying" my Vista OEM license and creating a Win7 Retail license OR do I now own a Vista OEM and Win7 OEM license which are both tied to the same machine?


Specifically I am concerned with the following scenario:
I currently own Machine 1 with Vista OEM installed on it. I purchase Win7 upgrade, so now I have Machine 1 with Win7 on it. In a year or two I plan on building a new machine, let’s call it Machine 2. I am going to take Machine 1 out of service completely or install an old retail copy of XP or linux on it at this time.
Am I licensed to install Win7 on Machine 2 OR is that license stuck with Machine 1?

Great question I also wanted to know that and would like to throw one more question in the mix. Can you boot from the upgrade media, install without entering product key, and then reinstall from within windows 7 (upgrade from windows 7 unregistered) all the while leaving your OEM copy still valid to transfer to another computer. I have a secondary computer in need of a legit copy of windows and though of doing this to transfer the oem version of Windows vista to the other computer.

This may also create another possible scenario for the original poster, DAVEHCYJ

PLEASE ANSWER THE ORIGINAL POSTERS QUESTION FIRST OUT OF RESPECT, NOT TRYING TO HIJACK A THREAD JUST WANTED TO EXPAND THE QUESTION SOMEWHAT AND SEE IF ANYONE COULD ELABORATE.

velozzity said:

while leaving your OEM copy still valid to transfer to another computer

Click to expand...

An OEM copy is bound to a single computer, so you can't transfer it to a new computer.

That is sort of where my original question comes from -- My Vista copy is an OEM copy, so I can't move it to new hardware, but the Win7 upgrade is a retail product suggesting I could move the install to new hardware.

DaveHCYJ said:

An OEM copy is bound to a single computer, so you can't transfer it to a new computer.

That is sort of where my original question comes from -- My Vista copy is an OEM copy, so I can't move it to new hardware, but the Win7 upgrade is a retail product suggesting I could move the install to new hardware.

Click to expand...

I would agree with this. Your OEM Vista will be restrained to the original machine but the upgrade would be able to be moved to another box. It wouldn't hurt to give MS a call to verify though.

A tech who worked at a local pc store told me essentially you could call ms and say that some random piece of equipment died and therefore you have a different hardware configuration and they would reissue you another code or reactivate the old one, just not allow you to have the copy on 2 computers at the same time or get tech support.

As long as a component from the original system transfers into the new build the oem license can move along with it. Some retailers package case thumbscrews, or a fan with the OEM copies that are for sale, so in theory, that hardware is sufficient to maintain continuity for OEM licensing.

Well however you have to do it you should (maybe not formally by the EULA) be able to use any product (operating systems included) that you buy as long as you want to and I dont really care if it includes completely rebuilding the computer as long as you dont use it on 2 builds at the same time. See i've heard the argument that it is pirating by moving an oem version to another build but pirates did'nt originally pay for the product, they flat out stole it. I spent my hard earned money on the OS whatever version it is and I intend to use it for as long as I like barring flat out refusal to reactivate from ms.