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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 a

By Ed Bott for The Ed Bott Report |February 15, 2007 -- 13:12 GMT (14:12 CET)

Summary: You probably heard or read about the "Vista upgrade loophole." Most of the reports I've seen have 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 explain exactly what's going on and how you can legally perform a clean install using an upgrade key.

Vista Hands On #4: Clean install with an upgrade key

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Vista Hands On #4: Clean install with an upgrade key | ZDNet