There is a new upgrade policy that you should check out if you’re still using EE 1.x.
Would the new policy be retroactive for expired ExpressionEngine 1.x Download Accounts?
As you can tell from the title, the answer is yes. As of today, that’s reflected in the store as well. If your Download Account was expired for EE 1, you can now download the latest version of EE1.
However, please note that the upgrade pricing has not changed, just the ability to download ExpressionEngine 1.x.
If the Download Account was expired when the new policy went into effect, the upgrade price will still be the same as before ($50 + old renewal fee). Likewise, if the Download Account was active when the new policy went into effect, the price to upgrade to EE2 is still just $50.
Read the announcement EE 1.x upgrade policy.
Here was the announcement re: ExpressionEngine Paid Upgrades Go Free:
We’ve changed the Paid Upgrade policy for all our commercial software. Here is the short version. All “right of point” releases are free. This also impacts our Download Access policy. The new policy is that you’ll always have download access to the latest release of the version you purchased.
Read the article on the ExpressionEngine website.



