Despite the so called “hole”, if it was Microsoft’s intent to allow a fresh install with the upgrade version of Vista they would not sell a “full” version of the OS. I like your running car example.

I ran into this but it worked for me. Here is the story my operating system setup on my MacBook Pro (early 2008 gen):

1. Mac OS X 10.5.2
2. Windows XP Professional in VMware Fusion
3. Windows Vista Ultimate SP1 in Boot Camp

The version of Windows Vista Ultimate that is only paid a legal $15 for because I work at a University that sells the most current version of Microsoft Windows and Microsoft Office to their faculty/staff. Anyway, the Windows Vista Ultimate media clearly says (don’t know the exact writing at the time of this post because I don’t have it in front of my) that it is only to be used as an upgrade install. I was kind of spectacle as to whether or not it would fail or not. I installed it without any problem and about 3 weeks later, I upgraded it to Service Pack 1 without any problem.

So as far as the legality behind it, I don’t have the time to read the EULA but it is at least possible.

–Doug

Interesting! Microsoft seems to follow the trend of companies not reading their own EULA.

Hi everyone,
Thanks for the comments.

Doug - $15 ? That must be the true value of the software.

Ron,

Yup $15 bucks. Whether or not that’s what it’s really worth, it’s still a good deal. Still, you make a good point.

–Doug

Semantics

According to Computer Desktop Encyclopedia Definition for: Clean Install this is “A completely new installation of an operating system or application. To clean install an OS, the hard disk is formatted and completely erased. To clean install an application, the older version is uninstalled first. Installing the OS on a new computer or installing an application for the first time is automatically a clean install.”

Therefore you can still legally be licensed for the software that is eligible for the upgrade and do a clean install. You do not have to install the older OS to install the newer one, all you need is to own and have legal license for the former version of the OS you want to clean install

Is it legal?

I’m not a lawyer so I can’t speak to that. But my thoughts are that it *IS* ethical to do a clean install using a Windows Vista Upgrade *IF* you own a qualifying license to another version of Windows and *NOT* ethical if you do not. The *PROCEDURE* in which one installs the upgrade doesn’t change their eligibility to use the upgrade so IMO it’s ethical if you otherwise qualify.

So for the home user, my personal opinion is to go for it if you otherwise qualify. OTOH if you work for a billion-dollar multinational, better check with legal first…

Thanks for all of the responses. Your comments are appreciated.
Regards, Ron