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  1. #1
    waredu's Avatar
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    I've got to ask - it's the devil's advocate in me I suppose.

    But, if I buy something legally - why can't I take it apart and sell the individual items legally? What the buyer does with it is their business - not mine. I have no control over what they do. Compare it to gun laws. An individual (Party A) can legally sell a gun to another individual (Party B). If Party B then uses that gun to commit a crime, it is not Party A's fault, unless Party B specifically said "I'm going to use this gun illegally" (or some variation thereof where there is no doubt to Party A that a crime will be committed).

    The closest anyone has come with blaming Party A for Party B's crimes is when cities or individuals attempt to sue gun makers for making the gun available (in this case - that would be Microsoft).

    People pay hundreds of dollars for little pieces of cardboard with pictures of baseball players - how is a COA any different? Unless I'm told that the buyer will be using the COA in a fraudulent manner, I should be able to sell the sticker legally.


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    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

    Here’s a brief explanation on various licenses or licensing schemes that available for Windows operating system from Microsoft.

    Retail: Windows operating system products that are acquired through a retail store (physical or online) are individually licensed and are activated. Retail version of Windows generally can be purchased in two license pricing levels, namely Full of Upgrade license.
    Full License – also known as Full Packaged Product (FPP). The full version of Windows has no limitation on how customers can install and use the OS, as long as each PC has its own legitimate license. Full retail can perform either clean (custom) and upgrade install, and can be transferred to upgraded or entirely new systems as long as only one copy is installed at a time. Full license is always the most expensive edition, and is normally purchased for computer that does not sold with Windows operating system originally.
    Upgrade License – available at cheaper discounted price (for example see Windows 7 prices or Windows Vista prices), upgrade license is targeted at end-users who already has a genuine license of previous version of Windows operating system, and wish to move to newer operating system. For example, upgrade from Windows Vista to Windows 7. Upgrade retail license can only be installed on a system that already has an OEM or full license.
    Retail version of Windows license includes full support from Microsoft, and each purchased copy comes with one unique product key (printed on the product packaging), which the user enters during the product installation to complete the activation online or via phone.

    OEM: OEM (Original Equipment Manufacturer) license is a restricted version of Windows that included with a new computer. Manufacturers and vendors ship Windows with OEM license as it’s deeply discounted when compared with retail copy. OEM license has limitation that it can only perform a clean install or custom install, but not upgrade.
    Since Windows Vista and including Windows 7, EULA of OEM license can only be installed on one computer, and is forever locked and bounded to the computer (motherboard) of which it’s installed. In Windows XP, OEM license can be installed on one computer at a time. OEM license is always the least expensive edition, but is available to OEMs only.

    OEM license also has another variant called System Builder OEM license, which is also an OEM license with lesser discount, has all the same restrictions and limitations of OEM license. But System Builder OEM license may be available to general customer who purchased a new PC (or hardware) from a small system builder via retail store.

    Hardware vendors perform OEM activation by associating the operating system to the firmware (basic input/output system, or BIOS) of the computer prior to shipping new PC to customer. So no additional actions are required by the user to activate Windows, except when user choose to activate Windows with COA (Certificate of Authenticity) product key, which normally pasted on the casing of the hardware, in the case of not installing Windows with OEM provided image.

    Support for Windows with OEM license is provided by OEM or system builder, which is usually non-existent. So, end-users are virtually have to support their own.

    Volume Licensing: Volume licenses is a software license programs (depending on the Volume Licensing program, subscriber may receive media, or has the option to acquire media or supplemental media, documentation, and product support separately as needed) that are sold in bulk to corporate customers, in quantities of five or more at a time. There are actually many options and choices available for volume licensing, such as Open Value, Open Value Subscription, Open License, Select Plus, Select License, Enterprise Agreement, and Enterprise Subscription Agreement. Some editions of Windows, such as Windows 7 Enterprise, are available only through the Volume Licensing channel.
    Again, depending on Volume Licensing programs or related entitlement customizations, Volume License may cover only upgrades to Windows client operating systems, and thus require qualifying OS licensing for each computer before upgrade rights obtained through Volume Licensing can be exercised on these computers.

    Windows with volume license can be activated through Volume Activation models, which is through Key Management Service (KMS), a locally hosted activation services preactivated with Microsoft activation service normally used in large corporations with minimum activation threshold of 5 servers or 25 client computers (physical or virtual machines), and Multiple Activation Key (MAK), which similar to retail product key and used for one-time activation with Microsoft’s hosted activation services, independently or through MAK proxy.

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  3. #3
    JustInTime is offline Metal Recycling Entrepreneur
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    Quote Originally Posted by drozenski View Post
    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.

  4. #4
    GeorgeB started this thread.
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    Quote Originally Posted by JustInTime View Post
    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.
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  5. #5
    JustInTime is offline Metal Recycling Entrepreneur
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    Quote Originally Posted by GeorgeB View Post
    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.

  6. #6
    GeorgeB started this thread.
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    Quote Originally Posted by JustInTime View Post
    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.
    I get what your saying for the most part. I do understand the difference between the two.

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