Windows Licencing question

[KC Tech]

Say a customer has a windows 7 computer and they get a new hard drive. Would it be legal to install a store bought windows that no longer has a product key and use the product key that can be found on their computer case instead?

Thank you very much for your help.

 

[carrcomp]

Say a customer has a windows 7 computer and they get a new hard drive. Would it be legal to install a store bought windows that no longer has a product key and use the product key that can be found on their computer case instead?

Thank you very much for your help.

Use the recovery media that came with the PC, or order recovery media from the OEM.

Chances are, the OEM key won't work with your retail software.

 

[KC Tech]

Thanks for the help datagnostic, and for the cool new trick. Also thanks to carrcomp for answering the question but I like datagnostic's answer better.

 

[Xander]

Yes, it is perfectly legal to use your own installation media as long as your license key is legit.

Can you cite a source on this?

This topic gets brought up at least every couple of months and the overwhelming answer is usually that we techs are expected to use the customer's original media (recovery disks/partitions) OR the customer must purchase new media.

 

[Kitten Kong]

Yes, it is perfectly legal to use your own installation media as long as your license key is legit.

Sorry, but this is 100% incorrect. It is NOT legal in any shape or form.

I have posted about this numerous times on TN. If you would like to do a simple search, you will find the posts relating to this question.

In simple terms, you either have to use the recovery partition from the existing hard drive. If the hard drive has failed, then you have to contact the respective manufacturer, and order recovery media direct from them.

That is the legal way, any other way, is illegal in Microsofts eyes, and you are breaking the EULA.

 

[Kitten Kong]

I'll be damned, definitely something to keep in mind...

If that is the only reason

It may be the only reason, but on a OPEN forum, obviously we have to agree and abide by the rulings as laid down by Microsoft.

I have fought this issue so many times, and have got nowhere. I have attempted to have a meeting with a microsoft rep, to be told they won't come to me, so I do not know where to turn to now.

 

[Xander]

Originally Posted by Xander Can you cite a source on this?

The procedure to create your own (recovery) media and to edit EI.CFG is described on Microsoft Technet...

The questions wasn't how to bypass OEMvsRetail, though.

Nigel covered the point at hand. I knew we'd had a couple of folks with first-hand interaction with MS on this but couldn't recall who it was.

Hopefully, the OP will come back to his thread and take note.

 

[datagnostic]

The questions wasn't how to bypass OEMvsRetail, though.

Nigel covered the point at hand. I knew we'd had a couple of folks with first-hand interaction with MS on this but couldn't recall who it was.

Hopefully, the OP will come back to his thread and take note.

I was unaware about what is said in the Licensing FAQ that Nigel quoted.
As a matter of fact, that whole page seems to be gone now.

Also, I've never seen it stipulated as such in any EULA either, so you would expect there to be a bit more transparency towards the end users.

But I stand corrected, and will be editing my posts above

 

[KC Tech]

Wow. Good thing I passed back to look at the tread. I guess it does make sense because microsoft would lose money if they didn't make you buy a new copy of windows when your harddrive crashes. The product key that comes with the computer means absolutely nothing if you don't make a recovery disk for your system ... that's sad. Well thanks for the answer.

 

[rjframe]

Wow. Good thing I passed back to look at the tread. I guess it does make sense because microsoft would lose money if they didn't make you buy a new copy of windows when your harddrive crashes. The product key that comes with the computer means absolutely nothing if you don't make a recovery disk for your system ... that's sad. Well thanks for the answer.

It has nothing to do with Microsoft making money off drive failures. When you order recovery media from the OEM, Microsoft doesn't get that money.

The OEM is responsible for supporting the Windows OS installed on the machine, which includes ensuring all drivers for the machine are packaged with the OS. This means that to install using the OEM license tied to that machine, it has to be installed within the OEM's terms with Microsoft. Hence the need for using the recovery media for that machine.

It's about being clear on who supports the OS/system and ensuring the end user actually gets the experience he/she paid for.

 

[KC Tech]

So does that mean, as a repair tech, that I will either have to save all the vendors phone numbers in case I bump into a computer with a bad hard drive, tell my customer they have to handle it themselves, or ask them to buy a new copy of windows. The windows 7 disc and the installation as much as a new computer, and in my area people would rather the new computer

 

[Kitten Kong]

No as per my above posts KC, what you would need to do in your scenario, is to contact the OEM manu, and order a set of recovery media direct from them. It costs a whole lot less than the cost of a replacement coa and copy of windows.

 

[carrcomp]

No as per my above posts KC, what you would need to do in your scenario, is to contact the OEM manu, and order a set of recovery media direct from them. It costs a whole lot less than the cost of a replacement coa and copy of windows.

100% correct.

Only time you'd have an issue here is if the OEM doesn't sell the modle anymore. At that point they may not havea disc.

 

[NWPhotog]

Sorry, but this is 100% incorrect. It is NOT legal in any shape or form.

I have posted about this numerous times on TN. If you would like to do a simple search, you will find the posts relating to this question.

In simple terms, you either have to use the recovery partition from the existing hard drive. If the hard drive has failed, then you have to contact the respective manufacturer, and order recovery media direct from them.

That is the legal way, any other way, is illegal in Microsofts eyes, and you are breaking the EULA.

Honestly I have to disagree with this. From a technical perspective it is correct if possibly OCD. From a practical perspective if the owner has a valid COA I would reinstall with an OEM disk every time. I have never heard of MS coming after an owner or tech who has done so. If anyone has evidence of such please post it. In addition you will often find MS employees at Technet events recommending such. That's good enough for me. Obviously you have to make your own choice.

 

[Kitten Kong]

I can only go off what I have been informed, and have proof of, by Microsoft.

There was a thread some time ago, where a company were being taken to court by MS, for doing exactly what you mentioned. I will try and dig the thread up, for you to peruse.

http://www.technibble.com/forums/showthread.php?t=28301

Edit. M$ taking a company to court. This was over refurbing, but the practicalities do still apply

 

[NWPhotog]

I can only go off what I have been informed, and have proof of, by Microsoft.

There was a thread some time ago, where a company were being taken to court by MS, for doing exactly what you mentioned. I will try and dig the thread up, for you to peruse.

I would appreciate that. I have seen MS go after companies pirating their OS but never after people with legitimate COAs. And honestly even getting them to go after companies doing pirating is difficult. In addition you will even come across MS employees recommending what I outlined. Ultimately we have to decide what is fair and right.

 

[NWPhotog]

I can only go off what I have been informed, and have proof of, by Microsoft.

There was a thread some time ago, where a company were being taken to court by MS, for doing exactly what you mentioned. I will try and dig the thread up, for you to peruse.

http://www.technibble.com/forums/showthread.php?t=28301

Edit. M$ taking a company to court. This was over refurbing, but the practicalities do still apply

Nope, that is not what I was talking about. That was a company refurbing used computers in quantity. Even there I have no way to verify what the anonymous poster states. He could be easily misstating the situation. I stand by what I wrote and believe it to be fair and right way to proceed although each tech has to make their own decision.

 

[Daifne]

You have asked for someone who MS came after to come forward. Well, here I am. They didn't really "come after" me. but they called me and educated me in the correct way to do this. Cadishead Computers is absolutely correct. How they found out, I have no clue, but it was right after I turned in another tech for installing pirated versions on machines he was building.

 

[Rosco]

maybe there should be a sticky of microsoft legal questions. When ever this come up it takes away from other discussion. I mean it is a big enough issue to get a sticky. As a lot of regulars said it does come up about once a month. I dont mind helping people but this is really beating a dead horse....

 

[ers1121]

Here's a question; customer brings in a system with a bad HDD. No recovery disc, recovery partition not accessible, whatever the case. Can you use software from a Technet subscription? I remember each subscription came with a certain number of licenses. Several years ago i considered getting a subscription; work slowed down so I never bothered. Now i'm considering getting back into it and considering a Technet subscription. My understanding is that their use agreements have changed. Can anyone shed some light on that?