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Windows key


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8 replies to this topic

#1 Xdecora

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Posted 05 June 2016 - 08:00 AM

So I'm planning on upgrading my systems motherboard and Cpu. I was wondering if I would have to buy a new Windows key or if I could use the one I already have.

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#2 SleepyDude

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Posted 05 June 2016 - 08:58 AM

Hi,

 

The new motherboard means a new Windows activation, if you have an OEM key that is bound to the hardware then yes you will need a new Windows key.

 

Only Retail keys can be legally moved to different hardware.


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#3 Drillingmachine

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Posted 05 June 2016 - 11:27 AM

So I'm planning on upgrading my systems motherboard and Cpu. I was wondering if I would have to buy a new Windows key or if I could use the one I already have.

 

Depends on Windows and license, but you perhaps can reuse your Windows key.

 

Hi,

 

The new motherboard means a new Windows activation, if you have an OEM key that is bound to the hardware then yes you will need a new Windows key.

 

Only Retail keys can be legally moved to different hardware.

 

Well, at least inside European Union even selling software licences is legal (applies to OEM licenses and even Steam games and such) https://www.techdirt.com/articles/20120703/11345519566/eu-court-says-yes-you-can-resell-your-software-even-if-software-company-says-you-cant.shtml


Edited by Drillingmachine, 05 June 2016 - 11:29 AM.


#4 DJBPace07

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Posted 06 June 2016 - 07:25 AM

Generally, OEM and System Builder licenses are tied to motherboards.  If you replace the motherboard, you invalidate the license and need the new one.

 

Retail licenses can only be installed once, but may be moved from one PC to another.  Microsoft defines a PC by the motherboard, so new motherboard, new PC.

 

There may be exceptions to these rules for businesses.


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#5 SleepyDude

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Posted 06 June 2016 - 08:30 AM

Well, at least inside European Union even selling software licences is legal (applies to OEM licenses and even Steam games and such) https://www.techdirt.com/articles/20120703/11345519566/eu-court-says-yes-you-can-resell-your-software-even-if-software-company-says-you-cant.shtml

 

OEM licenses are different from Steam games or purchased Oracle licenses.

 

This is from the Windows 10 license terms for example http://www.zdnet.com/article/microsoft-releases-new-license-terms-for-windows-10-no-surprises/

 

Transfer rights. I heard some observers speculate that the new terms would limit Windows 10 transfer rights. Nope. The new license agreement preserves the longstanding transfer rights: OEM copies are locked to the device on which they're sold, retail copies can be transferred to a different device as long as the old copy is removed first. (The Windows 10 EULA includes a specific exception for PC buyers in Germany, who are allowed to transfer OEM software thanks to a court ruling.)

https://www.microsoft.com/en-us/Useterms/Retail/Windows/10/UseTerms_Retail_Windows_10_English.htm

 

There is an exception for users from Germany but nor for other countries.

 


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#6 Drillingmachine

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Posted 06 June 2016 - 10:08 AM

Well, at least inside European Union even selling software licences is legal (applies to OEM licenses and even Steam games and such) https://www.techdirt.com/articles/20120703/11345519566/eu-court-says-yes-you-can-resell-your-software-even-if-software-company-says-you-cant.shtml

 
OEM licenses are different from Steam games or purchased Oracle licenses.


Original court ruling does not make difference between different programs and so in France consumer group tries to attack directly against Valve, nice to see what happens http://arstechnica.com/gaming/2015/12/french-consumer-group-sues-for-right-to-resell-steam-games/

Although German regional court agreed with Valve, EU court ruling still applies to all other EU countries, unless they decide something different. And if question is about single user, then national courts do not bother.
 

This is from the Windows 10 license terms for example http://www.zdnet.com/article/microsoft-releases-new-license-terms-for-windows-10-no-surprises/

Transfer rights. I heard some observers speculate that the new terms would limit Windows 10 transfer rights. Nope. The new license agreement preserves the longstanding transfer rights: OEM copies are locked to the device on which they're sold, retail copies can be transferred to a different device as long as the old copy is removed first. (The Windows 10 EULA includes a specific exception for PC buyers in Germany, who are allowed to transfer OEM software thanks to a court ruling.)

https://www.microsoft.com/en-us/Useterms/Retail/Windows/10/UseTerms_Retail_Windows_10_English.htm
 
There is an exception for users from Germany but nor for other countries.


I cannot see that says selling OEM licence is illegal. Also EU court decision clearly states that re-selling OEM software is legal, so Germany does not make exception. It's just that Germany decided it's legal but EU court did not decide it's illegal http://curia.europa.eu/juris/document/document.jsf?text=&docid=124564&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1&cid=137700

So that applies to all countries in EU unless court (national or EU) decides to make another decision. And to do that decision they need something much bigger than single OEM license transferred/sold. I live inside EU and in my country Windows OEM licences are openly sold. Especially after that court ruling nobody cares. Not even Microsoft!

All summed up, transferring Windows OEM licence may be illegal somewhere around world but not everywhere. And in many countries laws override any licence terms.

Edited by Drillingmachine, 06 June 2016 - 10:08 AM.


#7 SleepyDude

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Posted 06 June 2016 - 11:09 AM

I cannot see that says selling OEM licence is illegal.


I did not say that or the pages I mention.

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#8 Drillingmachine

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Posted 06 June 2016 - 11:49 AM

 

I cannot see that says selling OEM licence is illegal.


I did not say that or the pages I mention.

 

 

Selling also includes transfer so if selling is legal, so is transferring.

 

Anyway because I cannot figure out where thread starter is living, this legal discussion is going nowhere.



#9 hamluis

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Posted 08 July 2016 - 05:51 AM

IMO...most of the above commentary does not focus on the question which is raised.  "I was wondering if I would have to buy a new Windows key or if I could use the one I already have."

 

The simple answer:  Depends on the system and the type of license sold with that system.  If you tell us the manufacturer and model of the system, we can probably avoid idle speculation and rhetoric.  The documentation for your purchase of said system should indicate that data.

 

FWIW:  Since "legal" implies laws...and laws vary from geographical region to geographical region...the "legality" aspects of Microsoft doing business are not the question, as I see it.  It is the violation of the EULA which should be the focus, IMO.

 

The terms of sale/use...between the seller and the purchaser...is the issue that I focus on.  This is commonly referred to as the EULA applicable.

 

I believe that, under the EULA applicable to any version of Windows...Microsoft retains the right refuse or terminate activation.  Activation is necessary to actually acquire the authorized usage of said O/S.

 

Microsoft also retains the right to refuse/negate usage of its licensed product.

 

The idea stated that an isolated example in another country or continent...can be made to apply to what transpires in the U.S.A...is somewhat absurd, IMO.  If the OP lives within the U.S., he/she is bound by U.S. law.  Life does not generalize from an isolated example and apply that to everything else...isolated examples are generally considered to be anomalous and not the norm for the conduction of daily life or business.

 

Louis


Edited by hamluis, 18 July 2016 - 10:50 AM.





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