how dodgy is this? Windows license from decommissioned pc...

tronator

esuhl wrote: »

It's against the licensing terms, but such terms are unenforceable in the EU as EU law takes precedence.

Exactly, I'm amazed how often I still read in IT forums that it is "illegal". You are allowed to re-sell any software in the EU, OEM or not.

But that doesn't mean that every Ebay seller acts within the law. There might be black sheep amongst them who sell non-genuine copies.

RobTang

esuhl wrote: »

It's against the licensing terms, but such terms are unenforceable in the EU as EU law takes precedence.

The sale isn't the breaking clause, the obligations transfer from buyer to seller and the obligation is you cannot transfer the oem windows licence from one machine to another.

The ruling is not in conflict with this term, you can legally buy it you just cant use it without buying the original machine it was on because you are bound by the original licence.

Not that is really matters I've never heard of MS ever enforcing it.

tronator

RobTang wrote: »

The sale isn't the breaking clause, the obligations transfer from buyer to seller and the obligation is you cannot transfer the oem windows licence from one machine to another.

The ruling is not in conflict with this term, you can legally buy it you just cant use it without buying the original machine it was on because you are bound by the original licence.

Software is software, the law doesn't make a distinction between OEM and other software.

https://www.usedsoft.com/en/used-software/wiki/glossary/licence-law/oem-software/

"Whoever has once purchased the original software together with the hardware as an OEM version is free to resell it. He can thereby unbundle the package of hardware and software when selling it."

And before you ask, "who the hell is usedSoft?", google them.

RobTang wrote: »

Not that is really matters I've never heard of MS ever enforcing it.

Guess why?

RobTang

tronator wrote: »

Software is software, the law doesn't make a distinction between OEM and other software.

https://www.usedsoft.com/en/used-software/wiki/glossary/licence-law/oem-software/

"Whoever has once purchased the original software together with the hardware as an OEM version is free to resell it. He can thereby unbundle the package of hardware and software when selling it."

And before you ask, "who the hell is usedSoft?", google them.

The sale bit is irrelevant and no one ever said it was illegal.

My point is that law doesn't have anything to say on the restriction of transfer between machine to machine. It only refers to the sale of the licence between people.

The link only states its legal to sell and buy the licence, it does not say anything about hardware transfer condition what is does say is...

There is only a possibility of additional individual restricting contractual agreements between buyer and producer.

The transfer from machine to machine falls under this "additional individual restricting contractual agreements." you are still liable all the old conditions of the licence.
I.E. There's nothing stopping buying the oem software separate from the machine but a completely different and separate term is stopping you using it without it.

Just because you can legally buy something doesn't mean you can legally use it in the way you intend to.

ThemeOne

The reason it "works" is that usually the product ID on the COA sticker is not the ID that was used to install the OS in the first place - particularly if the machine came from a big manufacturer with the OS pre-installed.