Facts on the "Upgrade Loophole"

C

Chad Harris

Ed Bott's Microsoft Report

Vista Hands On #4: Clean install with an upgrade key
February 15th, 2007
http://blogs.zdnet.com/Bott/?p=196#more-196

I've been reading the breathless reports from other websites this week about
the "Vista upgrade loophole." Most of it is typical echo-chamber stuff, and
most of the reports I've read so far have gotten the basic facts wrong. The
Setup feature they're describing isn't a loophole at all. It's a perfectly
legal workaround for an amazingly stupid technical restriction that
Microsoft imposes on upgraders. In this installment of my Vista Hands On
series, I provide the background to help you understand exactly what's going
on and how you can legally perform a clean install using an upgrade key.

Let's start with a few essential facts:

All retail copies of Windows Vista use the exact same media. The DVD
contains all editions and can be used to perform a full installation or an
upgrade. If you compare a full retail copy of Windows Vista Ultimate and an
upgrade copy of Windows Vista Home Basic, you'll find that the installation
media for the two products are virtually identical.
The product key included with the copy you purchase determines how the Setup
program behaves. These behaviors are hard-coded into the Setup program based
on the key you enter. Specifically, the Setup program is able to look at
your key and use an algorithm to determine the edition it "unlocks." The
same algorithm determines whether you are allowed to use that key for an
upgrade or a clean install or both.
The license agreement for a Vista upgrade copy requires that the machine
already be licensed for Windows. This license agreement does not restrict
the method of installation in any way. Section 13 of the agreement reads as
follows:
UPGRADES. To use upgrade software, you must first be licensed for the
software that is eligible for the upgrade. Upon upgrade, this agreement
takes the place of the agreement for the software you upgraded from. After
you upgrade, you may no longer use the software you upgraded from.
When you run Setup with an upgrade key, the installer does not check to see
whether you're really eligible. In fact, Microsoft's licensing
infrastructure - the activation and validation servers it uses to check
product keys against hardware hashes - does not (yet) contain any mechanism
to match up your upgrade license with a previous license.
To use an upgrade product key, you must start the Vista Setup program from
Windows 2000, Windows XP, or any edition of Windows Vista. Your previous
version of Windows doesn't have to be activated. Even an evaluation copy of
the edition of Windows Vista you purchased will allow you to run the Setup
program with an upgrade key. (Remember that last part.)
Got all that? Good. Now let's put the pieces together.


I'm going to assume that you have a PC that came with Windows XP
preinstalled by the PC maker. Any OEM version of Windows XP is eligible to
upgrade to any edition of Windows Vista. So you purchase a retail upgrade
copy of Vista Ultimate. In the box is a DVD and a 25-character product key.

You don't want to do what Microsoft calls an in-place upgrade, which
preserves your installed programs and data files but has a greater risk of
migrating your problems as well. Instead, you want to do a clean install.
But there's a problem: Microsoft used a crude technique to make clean
installs more difficult for upgraders. If you boot from the Vista DVD and
enter an upgrade key, you'll see this error message and will not be able to
go any further:



Now, this restriction is stupid, because even Microsoft acknowledges that
you can be legally entitled to purchase the upgrade version and yet have to
do a clean install. (See the notes on Microsoft's official Windows Vista
Upgrade Paths from Previous Versions page, for example, which says: "If you
are currently using Windows 2000 Professional or Windows XP Professional
x64, you are eligible for an upgrade copy to a corresponding or better
edition of Windows Vista, but a clean install is required." Ahem.)

This silly technical restriction is not required by the license agreement.
It's designed to frustrate anyone who wants to use the upgrade version on a
new PC without an operating system and get them to pay more for a full
version. But it's easily worked around.

Your easiest option - by far - is to use the PC maker's system recovery
media to restore an image of Windows XP as it existed when you first got the
computer, and then install Vista. I can hear the complaints now: "That copy
is out of date. It's loaded with crummy, obsolete drivers and crapware."
Yes, I know. That doesn't matter. Every bit of that junk will be erased soon
enough. It will never get mixed with your new Vista setup.

After you finish restoring that original system image, start Windows, insert
the Vista DVD, and run Vista's Setup program. Follow the steps I listed in
Vista Hands On #2: A no-fuss, nondestructive clean install, this time using
your upgrade product key. When you're done, use the Disk Cleanup tool to
remove all traces of your old installation. You have a fresh, clean system
and you are in perfect compliance with your license agreement.

What if you don't have a restore CD? In that case, you can install an
evaluation copy of Windows Vista on the system, specifically to allow you to
run Setup. Here's how:

1. Boot from the DVD and click Install Now.

2. Leave the product key box blank. Instead, click Next.

3. Click No in this warning dialog box.



4. From the list of Vista editions, choose the one that matches the upgrade
you purchased.



5. Complete the installation, accepting all defaults.

Do whatever minimal steps are required to start your new installation for
the first time. Wouldn't it be nice if you could enter your perfectly legal,
fully paid-for product key now and just make the installation complete?
Sorry, you can't do that.

Instead, you need to run Setup again, this time from within Windows Vista.
Don't choose the Upgrade option unless you want to spend an hour or two
migrating your nonpersonalized default Vista settings. Instead, do a
nondestructive clean install. When that's done (it should go very quickly),
use the Disk Cleanup tool to blow away the redundant installation in
Windows.old. You're now good to go.

Now, was that a loophole? No. You satisfied every condition of the license
agreement and aren't skating by on a technicality. The fact that you have to
use a kludgey workaround to use the license you've purchased and are legally
entitled to is Microsoft's fault.
 
B

Bill Condie

Yeah for Ed!

Chad Harris said:
Ed Bott's Microsoft Report

Vista Hands On #4: Clean install with an upgrade key
February 15th, 2007
http://blogs.zdnet.com/Bott/?p=196#more-196

I've been reading the breathless reports from other websites this week
about the "Vista upgrade loophole." Most of it is typical echo-chamber
stuff, and most of the reports I've read so far have gotten the basic
facts wrong. The Setup feature they're describing isn't a loophole at all.
It's a perfectly legal workaround for an amazingly stupid technical
restriction that Microsoft imposes on upgraders. In this installment of my
Vista Hands On series, I provide the background to help you understand
exactly what's going on and how you can legally perform a clean install
using an upgrade key.

Let's start with a few essential facts:

All retail copies of Windows Vista use the exact same media. The DVD
contains all editions and can be used to perform a full installation or an
upgrade. If you compare a full retail copy of Windows Vista Ultimate and
an upgrade copy of Windows Vista Home Basic, you'll find that the
installation media for the two products are virtually identical.
The product key included with the copy you purchase determines how the
Setup program behaves. These behaviors are hard-coded into the Setup
program based on the key you enter. Specifically, the Setup program is
able to look at your key and use an algorithm to determine the edition it
"unlocks." The same algorithm determines whether you are allowed to use
that key for an upgrade or a clean install or both.
The license agreement for a Vista upgrade copy requires that the machine
already be licensed for Windows. This license agreement does not restrict
the method of installation in any way. Section 13 of the agreement reads
as follows:
UPGRADES. To use upgrade software, you must first be licensed for the
software that is eligible for the upgrade. Upon upgrade, this agreement
takes the place of the agreement for the software you upgraded from. After
you upgrade, you may no longer use the software you upgraded from.
When you run Setup with an upgrade key, the installer does not check to
see whether you're really eligible. In fact, Microsoft's licensing
infrastructure - the activation and validation servers it uses to check
product keys against hardware hashes - does not (yet) contain any
mechanism to match up your upgrade license with a previous license.
To use an upgrade product key, you must start the Vista Setup program from
Windows 2000, Windows XP, or any edition of Windows Vista. Your previous
version of Windows doesn't have to be activated. Even an evaluation copy
of the edition of Windows Vista you purchased will allow you to run the
Setup program with an upgrade key. (Remember that last part.)
Got all that? Good. Now let's put the pieces together.


I'm going to assume that you have a PC that came with Windows XP
preinstalled by the PC maker. Any OEM version of Windows XP is eligible to
upgrade to any edition of Windows Vista. So you purchase a retail upgrade
copy of Vista Ultimate. In the box is a DVD and a 25-character product
key.

You don't want to do what Microsoft calls an in-place upgrade, which
preserves your installed programs and data files but has a greater risk of
migrating your problems as well. Instead, you want to do a clean install.
But there's a problem: Microsoft used a crude technique to make clean
installs more difficult for upgraders. If you boot from the Vista DVD and
enter an upgrade key, you'll see this error message and will not be able
to go any further:



Now, this restriction is stupid, because even Microsoft acknowledges that
you can be legally entitled to purchase the upgrade version and yet have
to do a clean install. (See the notes on Microsoft's official Windows
Vista Upgrade Paths from Previous Versions page, for example, which says:
"If you are currently using Windows 2000 Professional or Windows XP
Professional x64, you are eligible for an upgrade copy to a corresponding
or better edition of Windows Vista, but a clean install is required."
Ahem.)

This silly technical restriction is not required by the license agreement.
It's designed to frustrate anyone who wants to use the upgrade version on
a new PC without an operating system and get them to pay more for a full
version. But it's easily worked around.

Your easiest option - by far - is to use the PC maker's system recovery
media to restore an image of Windows XP as it existed when you first got
the computer, and then install Vista. I can hear the complaints now: "That
copy is out of date. It's loaded with crummy, obsolete drivers and
crapware." Yes, I know. That doesn't matter. Every bit of that junk will
be erased soon enough. It will never get mixed with your new Vista setup.

After you finish restoring that original system image, start Windows,
insert the Vista DVD, and run Vista's Setup program. Follow the steps I
listed in Vista Hands On #2: A no-fuss, nondestructive clean install, this
time using your upgrade product key. When you're done, use the Disk
Cleanup tool to remove all traces of your old installation. You have a
fresh, clean system and you are in perfect compliance with your license
agreement.

What if you don't have a restore CD? In that case, you can install an
evaluation copy of Windows Vista on the system, specifically to allow you
to run Setup. Here's how:

1. Boot from the DVD and click Install Now.

2. Leave the product key box blank. Instead, click Next.

3. Click No in this warning dialog box.



4. From the list of Vista editions, choose the one that matches the
upgrade you purchased.



5. Complete the installation, accepting all defaults.

Do whatever minimal steps are required to start your new installation for
the first time. Wouldn't it be nice if you could enter your perfectly
legal, fully paid-for product key now and just make the installation
complete? Sorry, you can't do that.

Instead, you need to run Setup again, this time from within Windows Vista.
Don't choose the Upgrade option unless you want to spend an hour or two
migrating your nonpersonalized default Vista settings. Instead, do a
nondestructive clean install. When that's done (it should go very
quickly), use the Disk Cleanup tool to blow away the redundant
installation in Windows.old. You're now good to go.

Now, was that a loophole? No. You satisfied every condition of the license
agreement and aren't skating by on a technicality. The fact that you have
to use a kludgey workaround to use the license you've purchased and are
legally entitled to is Microsoft's fault.
 
D

Diamontina Cocktail

It basically sounds like "install XP or W2K and then load the Vista DVD and
tell it to clean install from there". Wasnt that always obvious? I remember
many of my colleagues installing WIN95 so they could install the 98SE
upgrade, not realising they could install the 98SE upgrade fresh from the CD
without installing WIN95. So it is actually something we should already be
used to seeing.
 
C

Chris

Diamontina said:
It basically sounds like "install XP or W2K and then load the Vista DVD
and tell it to clean install from there". Wasnt that always obvious? I
remember many of my colleagues installing WIN95 so they could install
the 98SE upgrade, not realising they could install the 98SE upgrade
fresh from the CD without installing WIN95. So it is actually something
we should already be used to seeing.

Bill Condie said:
Yeah for Ed!

Chad Harris said:
Ed Bott's Microsoft Report

Vista Hands On #4: Clean install with an upgrade key
February 15th, 2007
http://blogs.zdnet.com/Bott/?p=196#more-196

I've been reading the breathless reports from other websites this
week about the "Vista upgrade loophole." Most of it is typical
echo-chamber stuff, and most of the reports I've read so far have
gotten the basic facts wrong. The Setup feature they're describing
isn't a loophole at all. It's a perfectly legal workaround for an
amazingly stupid technical restriction that Microsoft imposes on
upgraders. In this installment of my Vista Hands On series, I provide
the background to help you understand exactly what's going on and how
you can legally perform a clean install using an upgrade key.

[SNIP]

1. Boot from the DVD and click Install Now.

2. Leave the product key box blank. Instead, click Next.
[SNIP]
....
etc

I wonder what Mr. Bott thinks the difference is between a loophole and a
legal workaround? Anyway, he is basically describing what Paul
Thurrott, and others, already reported about, but adding a snarky
opening paragraph griping about how others reported this issue.
 
D

Dale

I'd still like to hear what Microsoft says about that; whether they call it
a blunder or intentional.

Dale
 
J

Jim

Diamontina Cocktail said:
It basically sounds like "install XP or W2K and then load the Vista DVD
and tell it to clean install from there".

Even that is stupid. Why would anyone install XP first? Vista installs so
much faster than XP.
 
L

Leythos

Even that is stupid. Why would anyone install XP first? Vista installs so
much faster than XP.

No it doesn't - at least not if you don't cound all the security
updates.

I took a blank drive, installed the upgrade without using the key, then
used that install to do an inplace install with my key, it took several
hours from start to finish.
 
L

Leythos

Do the same thing starting with XP. It will take even longer.

Nope, I've done thousands of XP installs from scratch, on a virgin
drive, and vista takes must longer using the "Upgrade" method. I retail
install is quicker, but the upgrade method, where you install twice,
takes much longer.
 
S

Shane Nokes

That's really odd.

From the time I insert my Vista DVD until I'm at my desktop it's 15mins tops
(and that's on a worst install time case)

The second install I haven't had to do yet as I'm waiting on an upgrade copy
for my wife's PC, but knowing how fast things tend to install for me I
imagine it should take no more than an additional 20 mins.

I'll post my time once her copy arrives (hopefully it shouldn't take more
than a week)
 
P

Pipboy

No it doesn't - at least not if you don't cound all the security
updates.

I took a blank drive, installed the upgrade without using the key, then
used that install to do an inplace install with my key, it took several
hours from start to finish.

Several hours? What were you instaling to? A P100 with 64mb or ram? I did
the same thing and it took about one hour at most.
 
I

iceeagle

I think that the checkbox for automatic Windows activation should be
unchecked at step #3.

-iceeagle
 
D

Diamontina Cocktail

Jim said:
Even that is stupid. Why would anyone install XP first? Vista installs
so much faster than XP.

We are talking about a clean install from an upgrade disk here. Vista isn't
XP or previous where you could just shove an upgrade disk in the drive of a
machine with a blank HD on it and during the install be told to put a
previous Windows disk in and then it continues to install from there. Vista
wants there to be XP or W2K on the machine already and then it will do it
from any upgrade disk. Note I am not talking about a Vista sold not as an
upgrade.
 
D

Diamontina Cocktail

Leythos said:
No it doesn't - at least not if you don't cound all the security
updates.

I took a blank drive, installed the upgrade without using the key, then
used that install to do an inplace install with my key, it took several
hours from start to finish.

Just out of interest - what was the reasoning behind that? Eg, what did you
expect to get that is better than you having to install XP (for instance)
and upgrade from there?

Not having a go at you. Just wondering what you expected the difference to
be. Eg, isn't it exactly the same, in the end, if you put a clean XP on and
upgrade to Vista from there?
 
D

Diamontina Cocktail

I just upgraded from my few year old XPSP2 Pro. I did it because of some
things I didn't want to lose before I got more used to Vista but also so I
knew what to expect. I did upgrade to Xp from 98SE and it worked but wasn't
great compared to when I just installed XP fresh. I was lead to believe the
Vista upgrade was supposed to be as viable as a fresh Vista install on the
same machine but I have yet to experience that.

Dale said:
Do the same thing starting with XP. It will take even longer.

Dale
 
D

Diamontina Cocktail

You would be the only one if it does take only that long on the reinstall.
Upgrade from XP to Vista here took hours. When I started it, I watched with
glee for about 30 minutes then went and watched TV. About 90 minutes later
it was still going. About 2 hours later it was done. P4 3.0Ghz with,
admittedly, only 1gig ram.

Shane Nokes said:
That's really odd.

From the time I insert my Vista DVD until I'm at my desktop it's 15mins
tops (and that's on a worst install time case)

The second install I haven't had to do yet as I'm waiting on an upgrade
copy for my wife's PC, but knowing how fast things tend to install for me
I imagine it should take no more than an additional 20 mins.

I'll post my time once her copy arrives (hopefully it shouldn't take more
than a week)
 
A

Adam Albright

You would be the only one if it does take only that long on the reinstall.
Upgrade from XP to Vista here took hours. When I started it, I watched with
glee for about 30 minutes then went and watched TV. About 90 minutes later
it was still going. About 2 hours later it was done. P4 3.0Ghz with,
admittedly, only 1gig ram.

Just my two cents... A upgrade should only require proof of prior
ownership, not demand some halfass backwards install the old version
AGAIN dance, then do a upgrade and waste another hour of your time or
more. Sadly some other ignorant software houses do the same dumb thing
and there is NEVER a good reason for it. Assuming of course the new
version is smart enough to simply detect a previous version, ie be
able to READ the necessary code or whatever it is verifying against
regardless if already installed or simply by inserting a CD or DVD for
confirmation. That is the normal process and how most software upgrade
work including prior versions of Windows and such major and expensive
software such as Photoshop.

How long it takes to install depends on many variables. Not just your
system's memory or CPU's speed. I have a Intel Duo Core 2, 2.13 Ghz
and just 1 GB of RAM and it took 59 minutes flat start to finish. That
was an install in place which means it also needed to mirror and copy
back my software and settings from by XP install.
 
D

DevilsPGD

In message <#[email protected]> "Chad Harris"
Instead, you need to run Setup again, this time from within Windows Vista.
Don't choose the Upgrade option unless you want to spend an hour or two
migrating your nonpersonalized default Vista settings. Instead, do a
nondestructive clean install. When that's done (it should go very quickly),
use the Disk Cleanup tool to blow away the redundant installation in
Windows.old. You're now good to go.

Oh, and when you're done, image the system so you don't have to do it
again...
 
L

Leythos

In message <[email protected]> Leythos


What security updates? Why bother patching a Vista that you're about to
blow away in a "Clean" upgrade anyway?

You misunderstand - The XP SP2+ updates are what I was talking about. If
I were to virgin install XP +SP2 + almost 70 updates, it would still be
about the same amount of time as the initial Vista Business install
without the key and then the reinstall with the key. I've done this
enough times on enough machines to be sure that installing vist using
the "Upgrade" path is slower than installing XP.
 

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