Escrap Question

**JustInTime** · 07-06-2012, 01:04 PM

Originally Posted by drozenski

Because you do not legally "own" the windows operating system. The key gives you the right to use it. Microsfot is basically leasing it to you.

Differences Between Retail, OEM, System Builder, Volume Licensing, Full or Upgrade License for Windows « My Digital Life

You don't own the license key that is printed on the sticker and that is what you are selling. It is a violation of the EULA to sell that sticker by itself and therefore illegal, regardless of what you may think. That COA is licensed to the machine it came on and cannot be transferred to any other machine. Once again, violation of the EULA. It can most definitely not be sold legally.

**GeorgeB** · 07-06-2012, 02:18 PM

Originally Posted by JustInTime

You don't own the license key that is printed on the sticker and that is what you are selling. It is a violation of the EULA to sell that sticker by itself and therefore illegal, regardless of what you may think. That COA is licensed to the machine it came on and cannot be transferred to any other machine. Once again, violation of the EULA. It can most definitely not be sold legally.

That is what doesn't make sense. That is almost like saying, I bought a pc with Vista on it, and then bought a Windows 7 Operating System, but cannot use it, because it didnt come on the system.

**JustInTime** · 07-06-2012, 02:32 PM

Originally Posted by GeorgeB

That is what doesn't make sense. That is almost like saying, I bought a pc with Vista on it, and then bought a Windows 7 Operating System, but cannot use it, because it didnt come on the system.

That's simply because you don't understand the differences between OEM licensing and the license for a retail purchase of Windows 7. This is comparing apples to oranges since there are different licenses involved. The sticker on the side of a computer is an OEM sticker licensed to manufacturers like Dell, HP, Lenovo etc, and it allows them to install that OS on their machines only.

When you purchase a stand alone, retail copy of say, Windows 7, you're purchasing a different type of license which allows you to install it on whatever machine you want but you're generally only permitted to install it on a single machine. You are usually allowed, if that machine dies, to install it on a new machine. It's the same thing with most software like Office or any Adobe product. When you purchase Office, you're only purchasing a single license to install it on one machine.

So while you own the physical hardware, when it comes to software, you are simply purchasing permission to install it on a machine.

Then you get into volume/corporate licensing which is a whole different beast altogether.

**waredu** · 07-06-2012, 12:46 PM

I know how software leases work. I'm also familiar with how Microsoft ties the activation code to a particular system - and if I change out enough pieces of hardware, I will have to call Microsoft as the activation code may no longer work. I'm not under the impression I own the software. I do, however, legally own the sticker. It's not against the law for me to sell said sticker - however, I do concede that whoever buys that sticker may have more nefarious uses for it than looking at the pretty hologram. I can't do anything about that.

**waredu** · 07-06-2012, 01:10 PM

Decided to go straigh to the source COA and Hologram

Counterfeit Protection
Don't fall victim to stand-alone COAs. If you receive offers for COAs as stand-alone items, be aware that these offers are highly suspect—and they can put you and your customers at risk. If you fall victim to stand-alone COAs, you will have wasted money and your customers will not have a legal license to run their software.

Protect your customers and your company. Purchase software through a Microsoft authorized OEM distributor, an assured source of genuine Microsoft software.

The Anti-Counterfeiting Act of 2003 (U.S. only), passed on December 24, 2004, makes it a criminal offense to distribute stand-alone COA labels. There is now a significant legal risk for dishonest resellers to illegally deal in stand-alone COAs. The full weight of the law is behind the efforts of Microsoft to make the marketplace safe for your honest partners.

So, according to Microsoft, it is illegal to distribute stand-alone COA labels. I'll trust the law on this one. Thanks everyone - looks like my devil's advocate was wrong. I'm not sure I agree with the law - but it is the law and I will follow it.

**JustInTime** · 07-06-2012, 01:21 PM

Aye, ye came to ye senses.

Good man.

**mikeinreco** · 07-06-2012, 01:29 PM

Speaking of this I need a pirated copy of Windows XP and a COA to go with it to reinstall on this computer I just got..............

GOT YA!!!!! Just kidding.......A guy I talked to told me it was legal to sell these stickers as well, Good thing I never tried because I have thrown out tons of them

**GeorgeB** · 07-06-2012, 02:14 PM

Originally Posted by mikeinreco

GOT YA!!!!! Just kidding.......A guy I talked to told me it was legal to sell these stickers as well, Good thing I never tried because I have thrown out tons of them

I am a little confused by the statement. So, he told you it was legal to sell them?

**mikeinreco** · 07-06-2012, 02:29 PM

Originally Posted by GeorgeB

I am a little confused by the statement. So, he told you it was legal to sell them?

Yeah a guy I have bought scrap computers off of in the past asked me if I was selling the stickers.....I told him I thought it was illegal but he said it was ok......Anyways sorry for all the fuss you asked a legitimate question and I was wondering the same but just didn't have time to fool with it

**GeorgeB** · 07-06-2012, 03:58 PM

Originally Posted by mikeinreco

Yeah a guy I have bought scrap computers off of in the past asked me if I was selling the stickers.....I told him I thought it was illegal but he said it was ok......Anyways sorry for all the fuss you asked a legitimate question and I was wondering the same but just didn't have time to fool with it

Its cool. I am not real worried over it. I have searched for the last hour or so, and the only sources that say it is illegal is people's opinions. People even quoted things from Microsoft themselves, and Microsoft only said that you should becareful on who you buy them from, as most people do sell them in an illegal way.

So, who knows.

**Mechanic688** · 07-06-2012, 07:12 PM

Originally Posted by GeorgeB

Its cool. I am not real worried over it. I have searched for the last hour or so, and the only sources that say it is illegal is people's opinions. People even quoted things from Microsoft themselves, and Microsoft only said that you should becareful on who you buy them from, as most people do sell them in an illegal way.
So, who knows.

The person that knows is the expert on our forum, Drozenski And you've also seen him explain it.

George i am a CMGP ( Certified Microsoft Gold Partner ) i have had to read entire books on this crap. You can not sell a COA key with out selling the entire computer with it. Period. No matter how "not that illegal" you think it is, it is still Illegal.