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

Closed account · 04 Jul 2014

So, a few months ago, I received a Windows XP and Vista license from a family member who was scrapping some old computers and I was wondering if they could activate on a VM or another machine. I tried and it succeeded. The Vista license went onto a VM and the XP license worked on a netbook. I don't know if these installs are legal, but they both activated properly. I asked a MS rep, which I assume has been trained properly, and he agreed to this point:

10:28:28 PM [Me]: So, let me get this straight. An OEM Windows product key can be reinstalled on a brand new PC without a preexisting Windows key as long as the old PC is dead or is not using the old Windows product key. And a retail version of Windows can be transferred as many times as you want. So, the basics of the policy, whether its an OEM or retail key is that if its on one machine, its legal? Is this correct?
10:32:04 PM [MS Representative]: Simply correcy
correct

But, to refute his statement the MS website says this:

The Microsoft Software License Terms is granted to the end user by you, the system builder. It is related to the OEM System Builder License for the PC on which it was originally installed.

I also have an old, dead PC affected by the NVIDIA GPU defect of 2006-2008 with a Vista license, and I decided to load it on another PC, and just like the VM and netbook I tried it on, it activated properly. Is XP and Vista the only ones that allow this? I'm presuming Windows 7 has more advanced technologies that block this. And I'm ruling out Windows 8 because OEM installs are tied to the motherboard now, unlike older installs.

What should I listen to exactly?

ICIT2LOL · 04 Jul 2014

As far as I know Ict01 any OEM version is tied to the motherboard it is originally installed on either on a store bought or self made machine - although I have contacted Microsoft in the past with a dead board and got the same OEM installed on a new board - that was using 7.

A retail version again as far as I ma aware is limited I don't think you can go on forever ie onto 7 or 8 machines

NoelDP · 04 Jul 2014

There are only two types of License which can be installed on more than one machine at a time
1) Volume License (either MAK or KMS)
2) The Family Pack Upgrade which was available for Win7 Home Premium for certain periods.

OEM Licenses are tied to the first motherboard on which they are activated, except under specific circumstances, and can NEVER be moved to another computer.
Retail licenses can be moved almost at will - although activation may become progressively more difficult, as the activation servers keep a record of every activation attempt, and are set to flag every so often.

In other words, while your activations may be successful, and validation pass, your transfer of the OEM License from one computer to another is a breach of the licensing rules, and makes the installs effectively counterfeit.

Closed account · 04 Jul 2014

In other words, while your activations may be successful, and validation pass, your transfer of the OEM License from one computer to another is a breach of the licensing rules, and makes the installs effectively counterfeit.

That's interesting. Many sellers on eBay sell OEM Windows licenses that used to be attached to old PCs and provide the product key and and the licensing agreement. I'm looking at the eBay listing I bought from that had Windows 7 licenses available. The seller says that he is 'complying with Microsoft licensing' by bundling the software (Win7) with the original motherboard that the software was never used with. (Never installed on an actual computer, but came with it, I guess they slapped the refurbish sticker on it and didn't install it) The license was placed on my Win8 machine and worked well. The license seems to be a Microsoft Registered Refurbisher license. Is this legal?

NoelDP · 04 Jul 2014

Definitely NOT!
Refurbisher licenses are the same as OEM ones and cannot legally be transferred to a new motherboard/ computer.

NoelDP · 04 Jul 2014

... and a refurb license MUST BE PREINSTALLED to comply with the license terms.

Closed account · 04 Jul 2014

More than 8k+ of these types of licenses have been sold of this sort on eBay from several different sellers. I'm surprised eBay or anyone has flagged them yet.

NoelDP · 04 Jul 2014

IT MAKES NO DIFFERENCE HOW MANY HAVE BEEN SOLD - THEY ARE ALL COUNTERFEIT, UNDER THE LICENSING AGREEMENT which must be agreed to by each and every installer of Windows.

eBay is the most common source of counterfeits on the planet (unless there's a similar site in China)

Layback Bear · 04 Jul 2014

When did ebay start caring about anything being counterfeit.
They get paid the same counterfeit or legal.

I love this by Noel.

eBay is the most common source of counterfeits on the planet (unless there's a similar site in China)

NoelDP · 04 Jul 2014

Layback Bear said:

When did ebay start caring about anything being counterfeit.

That's not really fair - they are quick to remove listings for demonstrably counterfeit products, and do work closely with MS in attempting to keep a level playing-field.
However with the number of new listings that go up every day, there is no way of automatically checking each for validity, and no possible manual checks that can be done in a timely manner - eBay relies on the purchasers reporting incidents, and then takes appropriate action (OK - we could argue about that bit, but...)