Legality of buying licenses from student MSDN accounts for resale

[turtlebain]

Binghamton University offers some students access to free software. I had an idea to purchase licenses that aren't being used by students to install on various desktops for resale.

I want to know if this is legal. I don't want to run into issues when trying to start up my business.

 

[FliGi7]

This is absolutely not legal. You are not licensed to do that.

 

[DeaconFrost]

I'm surprised a person would ask if it is legal to buy cheap licenses intended for students, and only students who are associated with that particular university, and resale them.

That being said, if you built a computer for a fellow student, and sold them a copy of Windows to go with it for the same cost, you might possibly be okay...but I wouldn't even bother to be honest. It should be blatantly obvious what those licenses are for, and why they are so cheap. Your school should also only be allowing one license per student anyway.

 

[turtlebain]

This is absolutely not legal. You are not licensed to do that.

I'm surprised a person would ask if it is legal to buy cheap licenses intended for students, and only students who are associated with that particular university, and resale them.

That being said, if you built a computer for a fellow student, and sold them a copy of Windows to go with it for the same cost, you might possibly be okay...but I wouldn't even bother to be honest. It should be blatantly obvious what those licenses are for, and why they are so cheap. Your school should also only be allowing one license per student anyway.

Well, they offer both an English version, and Chinese version. Both of which work for any Win7 Pro and are different keys. So 2 per person really.

I didn't know. I had my doubts. That's why I asked. Can't it be said that once the student downloads that software, as part of the tuition, he OWNS that software, and then can do anything he wants with that software?? It is a retail version, not a student version (If they even make one)

I don't see how this is BLATANTLY OBVIOUS

 

[DeaconFrost]

You don't ever own software. You license it, meaning you agree to follow the rules or you don't use it. The software is discounted because of you being a student. That's the blatantly obvious part...that selling it to a non-student violates the terms of licensing. You should have plenty of documentation to clearly outline that from your school.

In another thread, you mention being a start up system builder. Licensing would have been one of the first things you would have considered in your business plan. You should be looking into registering as a system builder with Microsoft, and then purchasing system builder licenses for use on the systems you will be selling. If you want to stay in business...you need to be legit. One phone call from a client who finds out their license isn't legit to Microsoft...and you'll be closing up shop.

 

[seekermeister]

I don't know if MS makes a student version of Windows 7 or not, but they certainly have for previous versions. You say that it is a retail version, are you positive about that, have you thoroughly read the EULA? If it actually is a true retail version, then yes, you could sell it to a non-student, however that seems highly unlikely.

 

[turtlebain]

In another thread, you mention being a start up system builder. Licensing would have been one of the first things you would have considered in your business plan. You should be looking into registering as a system builder with Microsoft, and then purchasing system builder licenses for use on the systems you will be selling. If you want to stay in business...you need to be legit. One phone call from a client who finds out their license isn't legit to Microsoft...and you'll be closing up shop.

Yes, I am. It's part of the plan. I am using system builder software, but I was told all you are obligated to do is install and use the key on a system being sold.

 

[FliGi7]

I didn't know. I had my doubts. That's why I asked. Can't it be said that once the student downloads that software, as part of the tuition, he OWNS that software, and then can do anything he wants with that software?? It is a retail version, not a student version (If they even make one)

I don't see how this is BLATANTLY OBVIOUS

Well, I will say it is much better that you asked than just assumed. Unfortunately, you're seeing it's not that straight forward. If you're going to be doing this as a business, I'd take the advice given and acquire a system builder's license.

 

[Jacee]

You may be interested in reading this Licensing FAQ

 

[fafhrd]

Think of Microsoft as a big drug-dealing franchise. The idea behind student licenses is to hook the kids into using their products by offering them cheaply at the school gates.

If they find that some small time operator like you is buying the kiddie packs then selling them at full price on the street - they will send the big boys around to break your legs.

 

[turtlebain]

I don't know if MS makes a student version of Windows 7 or not, but they certainly have for previous versions. You say that it is a retail version, are you positive about that, have you thoroughly read the EULA? If it actually is a true retail version, then yes, you could sell it to a non-student, however that seems highly unlikely.

More info:
- I had one and installed it on multiple computers no problem (1 at a time). I have since sold that computer with the software on it. I thought this was completely legal.

Quote from MSDNAA website:


"When a student purchases a product under this program, the product becomes the property of the student. The product will not terminate or expire simply by virtue of the termination, suspension, or other interruption of the student's status as an enrolled student.

Each student is limited to ONE copy of each product only."

I repeat, It becomes the PROPERTY OF THE STUDENT!!!

 

[turtlebain]

You may be interested in reading this Licensing FAQ

thanks

 

[DeaconFrost]

I repeat, It becomes the PROPERTY OF THE STUDENT!!!

I feel like a broken record here, but let's try again. That simply means, as stated, that the license becomes your property. You do not ever own software. You own the license, which means, again, as stated, that once you leave the organization (school), you may continue to use the license (because it is your property and not the property of the school). My work laptop and Windows 7 license is the property of my company, so if I leave the company, I don't get to keep the license or the laptop. That's pretty straightforward.

You also get one license per student, as I mentioned above, and as it is listed there...so that should be your most telling point in terms of your original question.

I'm still not sure what the confusion is...as these terms have been the same for years now...even over a decade ago when I was in college. The college gets discounted licenses to resell to students. Each student is allowed one license, which is valid only for the student and only for the student.

Now, to clear up one more bit of confusion. A student license can also be retail. Retail just means it can be moved from computer to computer, in the event you upgrade. An OEM or system builders license is tied to the first computer it is installed on, and that's it. The student portion means it is discounted (sometimes heavily), but you must meet the requirements of being a student to be eligible to purchase it. That has nothing to do with the license's classification of being retail or OEM. TechNet keys are retail...but that doesn't mean I can go and sell them.

 

[FliGi7]

From the MSDN EULA...

"2. INSTALLATION AND USE RIGHTS.
a. General. One user may install and use copies of the software to design, develop, test and demonstrate your
programs. Testing does not include staging on a server in a production environment, such as loading content prior to
production use."

"TRANSFER TO A THIRD PARTY. The first user of the software may transfer it, and this agreement, directly to a third
party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software.

The first user must uninstall the software before transferring it separately from the device. The first user may not retain any copies."


And MSDNAA Student Usage Agreement:

"You may not give copies of loaned or downloaded software to anyone else. Other eligible students must obtain software using the method(s) set up by the MSDNAA program administrator."

MSDN Academic Alliance (MSDNAA) Student Use Agreement

 

[RealPetChicken]

Think of Microsoft as a big drug-dealing franchise. The idea behind student licenses is to hook the kids into using their products by offering them cheaply at the school gates.

If they find that some small time operator like you is buying the kiddie packs then selling them at full price on the street - they will send the big boys around to break your legs.

Awesome. Makes me want to watch GoodFellas again.

 

[fseal]

If you as the one student that bought your one copy later sold the computer with the copy on it, no one would care.

If you uninstalled that copy and sold the student copy seperately, that would be iffy (unclear from the above).

What is blatently clear is that you could not start a buisness of obtaining student copies and reselling them. No way, no how