Sorry but we need to start looking at this differently. Even if one in the same, the system builder and the end-user are two different entities with two different contracts with Microsoft. And the retail purchaser is in a different contract (license "agreement") yet. Very similar, but with a few very important distinctions. And in upgrade situations like this, we as helpers must determine what the user has, and offer the proper advice from there - even if it is not something we particularly agree with.
Otherwise, we may be sending those seeking our help down an illegal path - totally oblivious they just did something illegal. Whether we agree or not with the license terms or the laws that support them is not important. And what the user does with the information is not really either. But they should have it.
It is a legal progression path so you won't violate any licensing.
Again, that's the area of contention, isn't it? PLEASE! What says it is legal?
Forgive my emphasize but,
The terms of the Retail license expressly state you can.
The terms of the System Builders license does not.
Why is that being ignored? Microsoft made it a point to put that in the Retail license. Are you assuming the Microsoft lawyers forgot to put it in the System Builders license? Clifford wants me to show where it says you can't. I can't do that. License agreements tell you how you can use the product, not how you can't.
Unless someone can come up with an official MS link that says you can,
as it does with the Retail license, I see no other legal, or ethical choice but to purchase a new license (or go Linux).
OEM licenses have never - TTBOMK,
never ever entitled users to the contents of the full "Retail" package - except maybe for a trial period - without paying extra. Why do you expect an exception here?
By the same token, the buyers of individual products (in any industry) are not entitled to the contents of the more expensive combo packs for free either. Why treat these
two different versions of Windows differently? Because it's technically possible is not a valid reason. Nor is, because so many do it anyway.
Unless the OP says differently, we should assume they have a normal W7 install and they lost the DVD(s).
And what is a "normal" install? BY far, more OEM licenses are in use than full Retail. Especially by self-builders, and of course, the big factory brands.
Please don't ignore the individual DVD vs BluRay/DVD/UVDC combo pack analogy. A movie on a disk is software, just as a program is. It is the same movie. They are governed by the same or similar intellectual property/copyright laws as software. We are not buying the media (disks), we are buying the license to use it. And by continuing to use the product, we agree to the terms of that product's license.
It is not like swapping a red car for an otherwise identical blue car, moving the tags and calling it good. 64-bit supports enhanced features, better security, and advanced hardware while providing better performance. It takes two development teams, working separately and together. HUGE capital investments for the TWO products.
You cannot use an OEM Norton AV license to assume it is legal to copy your neighbor's full Security Suite! It is sold separately for less.
Oh, as for the SB license and "no Microsoft support" - that is because the system builder (as per the terms of the SB license) is required to provide that support for 1 year and the end-user is still entitled to 1 year's free support - even if builder and end-user are one in the same. So the OEM
end-user is entitled to the same quality and duration support as the Retail license buyer.
We must remember System Builder licenses are not sold to the end-user.
Again, I don't always agree in Microsoft's marketing or pricing policies, but I support and will defend their Right to set them, and the laws and order of society that makes up a civilization. I think it is our duty, as help providers, to ensure readers have ALL the information on the topic in order to make an informed decision.
I'll step out of this now, but seriously, when it comes to giving advice about anything licensed and copyrighted, I urge you to
verify with an official "published" source
first to make sure it says it can legally be done. The Retail license says it can. The OEM does not.