What happens to the Windows 7 key when upgrading to Windows 8?

When you use an upgrade version of Windows, you need to have a valid licence for a previous, eligible version of Windows. That licence is not freed up for use on another computer after the upgrade.

From the Windows 8 EULA (source: ZDNet):

The software covered by this agreement is an upgrade to your existing operating system software, so the upgrade replaces the original software that you are upgrading. You do not retain any rights to the original software after you have upgraded and you may not continue to use it or transfer it in any way.

Specifically, note the last sentence - you may not continue to use [the old Windows licence] or transfer it in any way. This means that if you use your Windows 7 licence on your desktop to upgrade to Windows 8, you cannot continue using it on your laptop, or indeed anywhere. It's now essentially a part of your Windows 8 licence, though not permanently - if you reinstall Windows 7 and activate with your old product key, you can then use the upgrade licence on another computer.

The same terms applied to previous Windows versions as well. For instance, from the Windows 7 EULA (source: Microsoft):

15. 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.

On a somewhat related note, if your Windows 7 licence came with your laptop (in other words, it's an OEM licence), then you're not even allowed to use it on your desktop - OEM licences are permanently tied to the hardware (specifically, the motherboard) they were originally sold with or first activated on.

Indrek

Posted 2012-10-12T17:55:41.597

Reputation: 21 756

1You could if you wanted ( this is allowed by the license ) install Windows 7 over Windows 8 and install the Windows 8 upgrade on some other computer. The Windows 8 Upgrade can be moved around. Its only the OEM licenses that cannot be moved around. Only a single computer can use an upgrade at any given time. Please understand the installer will let you but eventually one of the computers will be flagged as not being legit ( likely even if they are exactly the same ) since the hdd serial is likely taken into account. – Ramhound – 2012-10-12T19:26:08.373

@Ramhound Good point, thanks. I'll update my answer to mention that the upgrade licence doesn't permanently tie up the previous licence. – Indrek – 2012-10-12T19:34:42.303

Its a trade off. In the past you would pay more to transfer the license around, with Windows 8, because only the System Builder will be sold at retail thats not really possible. Of course the cost is not reduced by several factors. There are very few people who will use a single license across several computers in the course of 2-3 years. – Ramhound – 2012-10-12T19:38:56.547

There's an analysis of the Windows 8 license at http://www.zdnet.com/how-the-new-windows-8-license-terms-affect-you-7000003028/

– David Marshall – 2012-10-12T23:08:38.460

@DavidMarshall Thanks, that's very helpful! That article cites the relevant part of the Windows 8 EULA that pertains to upgrade licences, and I've amended my answer to include it. – Indrek – 2012-10-12T23:18:33.773

> It's now essentially a part of your Windows 8 licence This is not clear, does this mean that Windows 7 and 8 share the pool of keys? If so, then what’s stopping anyone from simply using their 7 key on 8? Surely you receive a new, Windows 8 key, in which case the original question remains: what happens to the old 7 key? Is it blacklisted with the WU servers? What about the free-upgrade offers where systems that were purchased shortly before release of a new version of Windows (e.g., Vista⇨7, 7⇨8)? How do those differ from a regular upgrade. – Synetech – 2012-10-25T19:26:18.513

@Synetech I'm talking about licences, not product keys. Of course you receive a new Windows 8 product key when you buy the Upgrade version, and your old Windows 7 key will become unavailable for use, since the licence it represents is tied together with the Windows 8 Upgrade licence - basically they form a single licence, represented by the combination of the two product keys. The old Windows 7 key won't be blacklisted, you'll still be able to reinstall and reactivate with it, but that will undo the upgrade and free your Windows 8 upgrade licence for other purposes. – Indrek – 2012-10-25T19:34:27.197

Well yes, obviously the license (which is just an intangible idea) transfers and there are those restrictions on it, but the question that I and the OP are asking is about the keys and what happens to them (i.e., whether they stop working). – Synetech – 2012-10-25T19:49:41.507

@Synetech Fair enough. I did address that issue in my answer, but looking at it now I see I didn't really use the term product key, which may have left it a bit ambiguous. I'll see if I can reword it a bit to clarify that point. – Indrek – 2012-10-26T08:09:37.507

@Indrek How is this going to work with a VLK on say a HP notebook, if I use the HP W7 recovery media it will still be preactivated and work even if I previously upgraded to W8. Since HP and others use the same exact product key on millions of pc's, they cannot deactivate it, or can they for one specific PC? – Moab – 2012-10-26T22:42:44.583

1@Moab I'm not sure I follow. To the best of my knowledge, nothing special happens to your old product key. It's not blacklisted or deactivated. If you restore your old pre-activated Windows 7 install, then that essentially deactivates your upgrade key and frees it up for use on another computer, if you so desire. Bottom line is, as long as you're using a Windows install activated with the upgrade key, you're not allowed to use a different Windows install activated with your old key. Does that clear it up? – Indrek – 2012-10-26T23:24:03.833

This question has a good answer, and one that hints at a likely answer for the general case of upgrading from Windows X to Windows Y. But in some ways it's a very specific answer, and doesn't cover the general case. – mwfearnley – 2015-08-28T19:18:39.037

Are you asking about a regular upgrade or one of the free-upgrade offers that manufacturers are doing for those who buy a system just before a new version of Windows is released? – Synetech – 2012-10-25T19:27:18.310

What happens to the Windows 7 key when upgrading to Windows 8?

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