Speculation is once again making its way around the Internet, that it may be legal to install a Vista Upgrade version as a clean install. One noted writer has posted several times in his newsletter that there is a ‘hole’ of sorts in the Vista operating system, that permits this. The thinking also goes that since Microsoft did not plug this gap, therefore it must be legal.

I believe most people realize that if they pull into a 7-11 and see a car with the engine running sitting empty, it does not indicate that the driver’s intent is for you to steal it. This is where common sense comes in.

Also Microsoft provides this statement in the Vista EULA:

13. 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.

So you be the judge. Is it technically legal to do a clean install with a copy of Vista intended as an upgrade?

Comments welcome.

Microsoft Vista Licensing Agreement is here.

[tags]vista, upgrade, clean, install, legal, eula, opinion, [/tags]