Still possible to transfer Windows 10 from old defunct PC to new build?

[ubuysa]

That law is interesting, thank you. I wasn't aware of that.

However, the following sentence in there just doesn't sound right to me...

The software company’s copyright is exhausted when its software has been sold for the first time.

Even if that law allows me to sell the product key to an old copy of Windows I may have, that doesn't make the software copyright free.

I note also that the law applies only to used software keys, not to new and unused keys. I also think that were this law enforceable we would already have seen infinitely more cheap Windows product keys for sale than we do.

 

[TonyCarter]

Would this bit not relate to

The transfer of the used license activation keys is permitted, furthermore the sale, transfer of the unused software licenses is legal regardless of whether the software license is on a medium or online license activation key.

I don't think the ruling negates copyright at all - and doesn't say you can make copies outside of whatever the EULA says. But once the first sale has been completed, Microsoft cannot stop you from selling it on.

I suppose in a volume licence situation, using only 50 of 100 licences means there are effectively 50 available for sale.

You're simply buying the licence - how you get the W10 installation media is up to you and the seller (I'd prefer to download it directly from Microsoft servers, but others will still torrent something that's available completely safely/legally) - and we know a lot of OEM/DSP/ESD versions will not come on physical media anyway.

BTW, if any of this is coming across as overtly defensive or not in PCS best interests, please feel free to delete it. I'm only commenting for the sake of discussion, and have no skin in this game.

 

[ubuysa]

Would this bit not relate to


I don't think the ruling negates copyright at all - and doesn't say you can make copies outside of whatever the EULA says. But once the first sale has been completed, Microsoft cannot stop you from selling it on.

I suppose in a volume licence situation, using only 50 of 100 licences means there are effectively 50 available for sale.

You're simply buying the licence - how you get the W10 installation media is up to you and the seller (I'd prefer to download it directly from Microsoft servers, but others will still torrent something that's available completely safely/legally) - and we know a lot of OEM/DSP/ESD versions will not come on physical media anyway.

BTW, if any of this is coming across as overtly defensive or not in PCS best interests, please feel free to delete it. I'm only commenting for the sake of discussion, and have no skin in this game.

What puzzles me, is the lack of cheap 'second hand' licenses on offer. Either most people don't know about the law (likely) or it's not as clear cut as it looks to us lay people.

Any law is only as good as your ability to enforce it.

 

[TonyCarter]

I've ordered a new W10 Pro licence with my build because whilst I have spare keys released from my Macs that used to be dual-boot (3 Macs, only the 'work machine' is dual-boot now, and physical Windows 7 discs that have been subsequently upgraded to W10), I know I may go back to dual-boot, so may as well keep that for the machine it came off.

My concern with the cheap ones is less about the legality (of which there are many opinions/views), and more about what that money is supporting...e.g. Russian/Polish/Lithuanian drug/human smuggling, etc.

But you can see why software companies would prefer to move to a subscription model, as it means there is no actual product being sold, just a service with limited-term usage rights, and there's not much point selling a part-used subscription even if it was allowed.

 

[ubuysa]

From PCS's point of view I think (and I don't work for them of course), since they are Microsoft partners they would need to be confident that the Windows license any customer is using is legal before they're able to offer software support. I would suggest that the same applies to these fora too since they are PCS owned.

 

[SpyderTracks]

From PCS's point of view I think (and I don't work for them of course), since they are Microsoft partners they would need to be confident that the Windows license any customer is using is legal before they're able to offer software support. I would suggest that the same applies to these fora too since they are PCS owned.

Absolutely.

 

[SpyderTracks]

As I understand volume licensing, the license is essentially to that business for a maximum amount of users. That doesn’t mean if you have surplus licenses that they’re available to be sold outside of that business, that would be against the contract terms. They implicitly need to be used within the company that holds the license.

 

[TonyCarter]

Absolutely.

Ditto - I wouldn't expect ANY help from PCS for anything they didn't supply or sanction - be that software or hardware.

 

[TonyCarter]

As I understand volume licensing, the license is essentially to that business for a maximum amount of users. That doesn’t mean if you have surplus licenses that they’re available to be sold outside of that business, that would be against the contract terms. They implicitly need to be used within the company that holds the license.

I think I've just used volume licensing wrongly, as there's no specific mention of that in the ruling, but wasn't sure what DSP/ESD licences were (understood the OEM bit).

 

[ubuysa]

What is DSP software?

DSP means “Delivery Service Partner.” It is a version of OEM software used by smaller computer manufacturers and system builders.


What is the difference between OEM and DSP software?

The software in both OEM versions and DSP versions is the same. OEM software normally has the hardware manufacturer’s name, such as Dell or Sony, printed on the manual and license. DSP software, however, has NO manufacturer’s name stamped on the manual or printed on the license. DSP versions usually just say “OEM.” Basically, DSP is a more generic packaging of an OEM product that is sold to smaller system builders who do not qualify for larger volume discounts and custom printing on their software.


ESD (electronic software distribution) licenses are meant for academic institutions so they can distribute software to students and faculty more efficiently (without having to deal with bulky disks). They are of 2 types- Work at Home (WAH) licenses and Student select licenses. WAH licenses are are purchased by the institution via volume licensing and granted to faculty and staff for use at home for work purpose.

Thanks for this! [emoji106]

 

[TonyCarter]

...and it also depends on which definition of 'delivery' and 'distribution' you use

This is one of the reasons that our 20-200 page contracts have 2-10 pages of 'definitions' at the front.

 

[Gavras]

A lot of warranty repairs for laptops, PCs etc have a dependency on genuine licenced software installed.

MS do not distribute PK’s on their own.

They need to have a genuine Certificate of authenticity.

I know from previous Microsoft audits they take these things rather seriously.

mainly organisations are fingered for misuse.

there is a large involvement of organised crime behind a lot of resale, counterfeiting, etc.

My view is, you buy one on the cheap, you are responsible as part of the whole.

 

[ubuysa]

...and it also depends on which definition of 'delivery' and 'distribution' you use

This is one of the reasons that our 20-200 page contracts have 2-10 pages of 'definitions' at the front.

And so that the lawyers can add a zero or two to the end of their bills.... [emoji35]

 

[TonyCarter]

And so that the lawyers can add a zero or two to the end of their bills.... [emoji35]

We have a whole department of lawyers/counsel in our organisation...doesn't cost anything extra, but adds a damn sight more time to the negotiation processes when they ask you to include a boilerplate clause and then take 2 weeks to review their own wording.

 

[SpyderTracks]

A lot of warranty repairs for laptops, PCs etc have a dependency on genuine licenced software installed.

MS do not distribute PK’s on their own.

They need to have a genuine Certificate of authenticity.

I know from previous Microsoft audits they take these things rather seriously.

mainly organisations are fingered for misuse.

there is a large involvement of organised crime behind a lot of resale, counterfeiting, etc.

My view is, you buy one on the cheap, you are responsible as part of the whole.

Perfectly stated, couldn't agree more!