Solved The Transfer of OEM Licenses from a dead PC to Another PC

[NoelDP]

It's not an obsession - it's the knowledge that Germany has different laws to the rest of Europe in respect of OEM Licensing.
Germany is the ONLY country where OEM licenses can be transferred legally, as I understand it.

 

[Closed account]

Matthew, I verified the information already and, yes, the EULA that you received with the product serves as the COA already.

That is what an MS rep said via the online chat service, and I feel satisfied now.

[Me:1:48:30 PM] I know Refurbisher's Copies of Windows are made for Authorized Refurbishers, but they are sold everywhere. They are legal copies, but can they used on new machines or to place over other Windows installs? The same for System Builders copies. They are made for OEMs, but is it allowed at any time to install it on any machine?
If I buy these, it will still be legal, right?
[MS Rep: 1:53:41 PM] yes that is legal. With regards to the installation, it will depend on the license type. If you will be installing the product in a system with an OEM license, your copy should also be OEM, otherwise, you will need to do reinstallation for a new system.

 

[SIW2]

Glad you are happy.

 

[Kari]

It's not an obsession - it's the knowledge that Germany has different laws to the rest of Europe in respect of OEM Licensing.
Germany is the ONLY country where OEM licenses can be transferred legally, as I understand it.

Living in Germany, reading the local IT media I have never heard of this. However, various court decisions has been made to allow resale of software, be it physical install media or legally downloaded copy, with original serial. Seller loses rights to use software, buyer gets the rights.

In case of Windows, this makes selling an OEM license legal and valid as long as it contains a "usable" valid product key. Is an already activated product key "usable" and valid is then another question.

 

[Closed account]

What I Conclude
Retail licenses follow the guidelines of Microsoft's EULA completely and can be transferred at any time.
OEM licenses that are bought with computers follow Microsoft's EULA completely and cannot be transferred at any time. When installed, it shall stay with that computer until it dies.
OEM licenses - Refurbisher's Licenses are licenses meant for authorized refurbishers to use on old computers that will be rehabilitated to be eventually given or sold to another party. Some users online sell this license online on sites like eBay for discounted prices and contain legit software. Some have the Product Key on the COA sticker while others have it on an EULA-like paper that describes terms and agreements in basic terms. This acts as the COA.
OEM licenses - System Builders are licenses meant for OEM manufactures to use on hardware to resell in the future. This is the only way for the system builder license to be 100% EULA compliant. System Builder licenses used to allow home system builders to use them, but this is no longer existent. These licenses are the licenses that are most common online and are still available after the OS is off the shelves of retail markets. This software is sold on sites like eBay, Amazon, and NewEgg for discounted prices and can be installed onto machines and will break certain EULA terms.

This is just what I gathered up, and if I do anything wrong please correct me! Thanks!
This article helped me gather lots of the information as well as MS reps and this thread.

Germany is the ONLY country where OEM licenses can be transferred legally, as I understand it.

Is this because of European Union sanctions for "bundling" Windows to hardware?

 

[SIW2]

Europe, not just Germany. Not many people know, I expect.

I would be very surprised if it isn't the same in every civilised country.

Not hard to understand.

When you buy a book, you can tear it up, give it to Aunt Mabel, or sell it on ebay. That copy is yours. That is what buying means. You do not have all rights over the content. That stays with the Author. So you cannot sell multiple copies, because you only bought one.


There is no reason why software should be different.

 

[SIW2]

Now you can see what a bad idea this subscription scam is.

You never own anything. All control is in the hands of the subscription peddler.

Subscriptions are the devil. Run far, run fast.

 

[Kari]

Now you can see what a bad idea this subscription scam is.

Quite the opposite. With a subscription to for instance an OS or a software suite or application, you do not have to worry if the mobo burns or HDD dies. With a valid subscription just reinstall and that's it; no worries, no activation issues due new components.

Easy.

 

[SIW2]

You don't have any activation issues with what you buy either.

LOL. I think you missed reading the previous couple of pages.

 

[Kari]

You don't have any activation issues with what you buy either.

LOL. I think you missed reading the previous couple of pages.

No, I didn't miss anything.

We have quite often activation questions, especially about OEM versions. Just yesterday I read a new thread about an Office license being activated too many times, user being unable to activate it anymore after reinstallation.

Office 365 is a good example of a subscription plan. As I can talk only for myself, I see it like this:

At the moment a single computer Office 365 Personal costs $6.99 per month or $69.99 per year. It includes installed versions of the same Office programs than today's Office 2013 Professional: Word, Excel, PowerPoint, OneNote, Outlook, Publisher and Access. Additionally, it includs extra storage space for OneDrive, mobile versions of various Office programs and 60 minutes calling time for Skype per month which can be used to calls to over 60 countries.

To get the same Office programs using non-subscription Office 2013 Professional I had to pay at the moment $499.99, a price that would give me the Office 365 subscription for over 7 years. I know myself, I know I want to have the latest versions as soon as they are published. Thinking back, Office 2003, Office 2007, Office 2010 and now Office 2013, in past 11 years Microsoft has published 4 new versions of Office. I have used them all, always liked the new version more than its predecessor.

Simple mathematics first. As it is quite difficult to find what the price of versions 2003, 2007 and 2010 officially were the day they were published and what had been the price of Office 365 subscription back in 2003 if it had existed then, let's say that both the monthly subscription price and the non-subscription based prices had always been the same since August 2003 when Office 2003 was published. Buying all four latest Office versions had cost me calculating this way 4*499.99 = $1,996.96 (or would cost if calculating 11 years to the future with same publishing cycle), whereas an Office 365 subscription had been (August 2003 - July 2014) 11*69.99 = $769.89. Quite a big difference. Assuming Microsoft will keep the same about 3 year cycle in releasing new versions, my savings would be $290 in each three year cycle, almost hundred dollars per year.

This is even better if you have two or more computers needing Office: Office 365 Home can be used on maximum of 5 computers, total price $9.99 per month or $99.99 per year.

Office 365 Personal (subscription):

• Saves a lot of money for you
• Flexible, no activation issues. Remove from an old computer, install on new one
• Always the latest versions of all Office products
• Additional OneDrive storage space
• An hour worth of free calls (Skype) per month
• Mobile and iOS versions available

Office 2013 Professional (no subscription):

• Nice box and shiny DVD to hold in my hand
• When a new version is published, pay to get again a nice box and shiny DVD

Personally I am keenly waiting the time I can get my Windows in the same way. So incredibly flexible, money saving and easy.

Kari

 

[Closed account]

Subscriptions sound like a better deal than full-retail copies.

When I contacted MS about my product key and how I got it non 100% EULA-compliantly from Ebay, I hope they don't blacklist my key. Do they only do that if its a VLC that has been sold?

 

[NoelDP]

A Key becomes blocked when MS can show that it has been used outside the terms of the license - usually because either it's been sold and activated on multiple machines, or has been reported as returned.
In the case of Volume licenses, they can also be blocked because of overuse, or because the subscription has been rescinded for whatever reason.

 

[SIW2]

Subscriptions sound like a better deal than full-retail copies.

Of course they make it sound like that. They are trying to move you into subscriptions. They are not going to make it seem unattractive. That would be stupid.

The whole point is to stop you owning it.

Very bad idea.

 

[Closed account]

A Key becomes blocked when MS can show that it has been used outside the terms of the license - usually because either it's been sold and activated on multiple machines, or has been reported as returned.

So It's a possibility that MS will kill my PK because I contacted them?

 

[NoelDP]

You have NEVER 'owned' anything with any software, unless you wrote it yourself.
The only thing you purchase is the right to use the software.
Windows has so far been a perpetual license - and until Office 365, so was Office. This allowed you to use the software until doomsday should you so wish, so long as you could find something to run it on.

Subscription software is identical - except that the license is time-limited and will deny access as soon as (or at least soon after) you forget to pay the subscription. It does have the advantage that in theory it provides 'free' upgrades when a new version is released. Many people will feel that this makes budgeting easier - and it may be the case that in a business it will also give a tax incentive.

 

[NoelDP]

A Key becomes blocked when MS can show that it has been used outside the terms of the license - usually because either it's been sold and activated on multiple machines, or has been reported as returned.

So It's a possibility that MS will kill my PK because I contacted them?

Possible - but very unlikely, I think. So long as the same Key doesn't appear on multiple machines in a short period , then you should be fine.

 

[Closed account]

Possible - but very unlikely, I think. So long as the same Key doesn't appear on multiple machines in a short period , then you should be fine.

Yeah, its only one one computer and its not a Volume License Key according to support.

 

[Closed account]

After contacting MS one last time, I noticed one thing that the reps have been mentioning. Some OEM product keys have the ability to be moved to one other machine (I believe its OEM licenses without Retail manufacturer links) without WGA getting involved and Microsoft letting it go as an exception. My desktop key (an OEM key bought from eBay, like my refurb key) had a little bit of a history:

Nov 2013 (Previous owner, Clean Install, Not Active, WGA approval)
Dec 2013 (Sold to Me)
Apr 2014 (Me, Clean Install, Not Active, WGA failed on server records)
Jun 2014 (Me, Clean Install, Active, WGA approval)

Type of Key: OEM

At the end, the rep said that my desktop key was totally fine and it followed EULA guidelines and is in fact genuine. Opinions on this weird concept the rep mentioned? Buying copies off of eBay just seems really sketchy and I should stay with buying Retail copies. I'm just frazzled by the inflation of the prices ($409, Windows 7 Pro Retail, non-OEM)

 

[NoelDP]

Office installs - some of them - have a license which allows installation on two machines at the same time, providing both machines are owned and primarily used by the same person.

As far as I am aware NO Office OEM license allows this - and most certainly, no Publicly available Windows license (except for the Family Pack upgrade license, and Volume licenses) have this ability.

You can find the precise license terms for most public current MS products here. License Terms

Retail licenses have always been more expensive than OEM ones - because they include MS support (for 90 days after activation) and allow transfer to new machines. However, now that Windows 7 Retail is no longer publicly available, there is a rarity value attached - and counterfeiters can be expected to try and take advantage of this.

The price of $409 for Windows Pro is exorbitant - and far higher than RRP ever was.

 

[SIW2]

It is perfectly clear:

Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of
computer programs (OJ 2009 L 111, p. 16).

Where the copyright holder makes available to his customer a copy – tangible or intangible
– and at the same time concludes, in return form payment of a fee, a licence agreement
granting the customer the right to use that copy for an unlimited period, that rightholder
sells the copy to the customer and thus exhausts his exclusive distribution right. Such a
transaction involves a transfer of the right of ownership of the copy.

Therefore, even if the licence agreement prohibits a further transfer, the rightholder can no longer oppose the resale of that copy.