Dell will continue to install Windows
XP on new PCs after Microsoft's
June 30 retirement date by taking advantage of a little-known clause in the
downgrade rights that come with Vista
Ultimate and Vista Business.

"Dell has the ability to exercise 'Windows Vista downgrade rights' on
your behalf in the factory if ... you'd prefer to have Windows XP Professional
preinstalled on your PCs," Dell
said on its Web site.

According to Dell, it will factory install XP after June 18 when customers
choose a "Vista Ultimate Bonus" or "Vista Business Bonus"
option as they configure PCs. Dell will then install Windows XP on the machine,
and include backup media for that OS as well as the installation disc for Windows
Vista.

Although corporations that acquire Windows through volume license agreements,
or who have signed up for Software Assurance, can downgrade any Windows software
at any time, Microsoft has limited others' downgrade rights: only owners of
a Vista Ultimate or Vista Business license may downgrade to XP, and then only
to XP Professional, Professional x64 or XP Tablet PC.

Microsoft originally put the responsibility on users' shoulders for obtaining
the installation media to replace Vista with XP, but last year it began allowing
OEMs to include XP discs with new PCs or offer them as an after-sale option.

But although Dell's newest move is unusual, it is not an end-run around Microsoft's
rules. In a document that spells out OEM options for Vista downgrades (download
PDF), a FAQ section reads:

-- Q. Who can install the downgrade software or reinstall the original software?

-- A. An OEM (when authorized by end user), or the end user.

A Microsoft spokeswoman confirmed late Friday that Dell was within its rights
to factory-install XP on machines sold with a Vista Ultimate or Vista Business
license.

It's standard practice for original equipment manufacturers, retailers and
system builders to continue offering the previous version of Windows for a certain
period of time after a new version is released," she said in an e-mail.
"Dell is exercising their right to offer Windows XP as an option. Microsoft
will no longer offer the media for this process after January of 2009, but an
OEM can provide [XP] as long as they have stock on hand."

Dell did not specify which systems it would sell with XP preinstalled after
June 18, or how long it would tender the downgrade offer. Microsoft's statement
that OEMs can install XP "as long as they have stock on hand" could
be interpreted to mean that it will allow Dell and others to continue the practice
after the Jan. 31, 2009 retirement date for system builders.

Microsoft has set several deadlines for Windows XP. June 30 is the last possible
sales date for large computer makers -- obviously excluding the downgrade route
-- and at retail; on Jan. 31, 2009, Microsoft will bar system builders, which
are usually smaller shops and individuals, from adding Windows XP to machines
they assemble.

Earlier this month Microsoft extended
XP's availability until June 2010 for what it has dubbed "ultra-low
cost PCs," light and inexpensive sub-notebooks such as the One Laptop Per
Child (OLPC) XO and the Asustek Eee PC.

The Round Rock, Tex.-based computer maker is not the only OEM that has said
it will provide customers with the older operating system after Microsoft's
deadline. Lenovo, the Chinese company known for the ThinkPad line of laptops,
will sell XP media for
downgrading through Jan. 31, 2009, according to its Web site.

"Lenovo customers that have Windows Vista Business or Windows Vista Ultimate
'qualified systems' may purchase a Windows XP Recovery CD until January 31,
2009," the notice read.

Although Microsoft today again said that it will stop providing Windows XP
to OEM partners and at retail after June 30, CEO
Steve Ballmer seemed to leave
the door ajar.

» posted by abennett

Computerworld

• Email
• Print
• Share
  • Slashdot
  • Digg
  • Stumble
  • Reddit
  • Newsvine