Windows Licensing Questions

[jack-ant]

My understanding of licensing is growing to some extent, but I find the nuances difficult to get my head around. I've read through the licensing sticky threads a few times, as I wanted to grow my understanding. It seems there are some grey areas and I want to see what the best practice is and what people are doing in some basic scenarios.

Let’s assume that you are not at the stage of wanting to join the Microsoft Certified Refurbisher program. What are the best practices for the following scenarios:

Scenario A

A customer has a Windows 7 OEM license on their laptop and assuming the customer wants the same OS everything should be OK with the licensing as the computer may have recovery media or a recovery partition that can be used in agreement with the license.


What if the hard drive fails where there is no recovery media available – is it OK to use another Retail or OEM disk to reinstall the same version of Windows?


Scenario B

A customer has a Windows Vista OEM license on their laptop and they want to change the OS from Windows Vista to Windows 7. I am assuming that the customer would require a retail upgrade or full retail version of Windows 7 that you could sell to them. This would need to be purchased second hand as Windows 7 retail is not available from Microsoft. Is this correct?


Scenario C


You build a new PC from scratch using parts and you’d like to sell it to a customer. Can you install the OEM version of Windows 7 as a system builder, i.e. as you are building a system, or do you need to purchase the full retail product?


Also, I'm interested to know if there are any major changes with Windows 10? The only thing I can gather so far is that the retail version of 10 can only be sold on once and I found this article about gaming that may question whether this sort of thing is enforceable:

http://www.eurogamer.net/articles/2...nnot-stop-you-reselling-your-downloaded-games

Any help is greatly appreciated.

 

[Porthos]

You build a new PC from scratch using parts and you’d like to sell it to a customer. Can you install the OEM version of Windows 7 as a system builder, i.e. as you are building a system, or do you need to purchase the full retail product?

If the said build is a Direct OEM computer like Dell HP ect the answer is NO. A retail l;license must be purchased.

You build a new PC from scratch using parts and you’d like to sell it to a customer. Can you install the OEM version of Windows 7 as a system builder, i.e. as you are building a system, or do you need to purchase the full retail product?

You can use the OEM as that is what it is intended for.

A customer has a Windows 7 OEM license on their laptop and assuming the customer wants the same OS everything should be OK with the licensing as the computer may have recovery media or a recovery partition that can be used in agreement with the license.


What if the hard drive fails where there is no recovery media available – is it OK to use another Retail or OEM disk to reinstall the same version of Windows?

Yes, as long as the computer is brought in for repair. Now some may quote other rules but but I can darn sure tell you they(repair shops) never require a customer to order a disk because either they are not availiable or they cost money making the repair not worth it and that equals a lost customer/sale.

A customer has a Windows Vista OEM license on their laptop and they want to change the OS from Windows Vista to Windows 7. I am assuming that the customer would require a retail upgrade or full retail version of Windows 7 that you could sell to them. This would need to be purchased second hand as Windows 7 retail is not available from Microsoft. Is this correct?

That is correct. I dont bother with Vista systems unless they are high end systems. I can sell them a refurbished computer for less than it will cost for a retail licnsce of Windows.

 

[trevm999]

Scenario A

A customer has a Windows 7 OEM license on their laptop and assuming the customer wants the same OS everything should be OK with the licensing as the computer may have recovery media or a recovery partition that can be used in agreement with the license.


What if the hard drive fails where there is no recovery media available – is it OK to use another Retail or OEM disk to reinstall the same version of Windows?

Yes, as long as the computer is brought in for repair. Now some may quote other rules but but I can darn sure tell you they(repair shops) never require a customer to order a disk because either they are not availiable or they cost money making the repair not worth it and that equals a lost customer/sale.

Technically it is against their terms (just try to download Windows 7 with an OEM key https://www.microsoft.com/en-ca/software-download/windows7)
But as @Porthos says, no one really follows it. It has not been tested in court, so it is entirely possible that it could be illegal for Microsoft to prevent people from doing it. They could however revoke your Registered Refurbisher licence, or other MS partnership for violating the terms, not very likely to happen though.

 

[Markverhyden]

Scenario A

A customer has a Windows 7 OEM license on their laptop and assuming the customer wants the same OS everything should be OK with the licensing as the computer may have recovery media or a recovery partition that can be used in agreement with the license.


What if the hard drive fails where there is no recovery media available – is it OK to use another Retail or OEM disk to reinstall the same version of Windows?

If I remember correctly the product key, either SLP or the sticker, will not register if you do a restore using a Retail disk. Of course if you purchase it just for that it will work with it's key. Any OEM disk will probably restore and register. But with OEM disks there are two licenses for the OS, one with M$ and one with the OEM. Every OEM license I've read states that the OS may only be installed on their machines. The good news is you just need to keep one copy of each version as it will work on any model from that OEM.

 

[jack-ant]

That is correct. I dont bother with Vista systems unless they are high end systems. I can sell them a refurbished computer for less than it will cost for a retail licnsce of Windows.

Thanks. I see your logic considering the cost.

Technically it is against their terms (just try to download Windows 7 with an OEM key https://www.microsoft.com/en-ca/software-download/windows7)
But as @Porthos says, no one really follows it. It has not been tested in court, so it is entirely possible that it could be illegal for Microsoft to prevent people from doing it. They could however revoke your Registered Refurbisher licence, or other MS partnership for violating the terms, not very likely to happen though.

I think some EULA's are over-reaching. Too many lawyers! But I wouldn't expect it to be any other way.

Another scenario:
If you're selling an old system with Vista that a customer no longer wants. I'm assuming you can reformat it with Vista using its OEM license ready to sell. If you're not a Registered Refurbisher you can still sell the computer, but you can't upgrade the operating system. Is this correct?

 

[trevm999]

Another scenario:
If you're selling an old system with Vista that a customer no longer wants. I'm assuming you can reformat it with Vista using its OEM license ready to sell. If you're not a Registered Refurbisher you can still sell the computer, but you can't upgrade the operating system. Is this correct?

The answer is that you're not going to be selling a system with Vista on it. If you're not going to pay for a Windows licence for it, then install Linux.

But as long as you recovered from the OEM's recovery media, and include recovery media with it (I think I remember that being required), then you're all in the clear, no need to be a Registered Refurbisher. You could upgrade the operating system if you include a retail licence and recovery media. I think that's what even a RR would have to do now too with Vista.

 

[Markverhyden]

I think some EULA's are over-reaching. Too many lawyers! But I wouldn't expect it to be any other way.

What do you call 500 lawyers at the bottom of the ocean. A poor start. LOL!!!

Another scenario:
If you're selling an old system with Vista that a customer no longer wants. I'm assuming you can reformat it with Vista using its OEM license ready to sell. If you're not a Registered Refurbisher you can still sell the computer, but you can't upgrade the operating system. Is this correct?

That's another grey area. If I remember correctly there is some blather in OEM licenses about reselling machines. Recall something like you can't resell the license which means that you cannot sell it with the OS. But I think most states have laws where the original owner can sell the whole thing, including license, to someone else.

 

[jack-ant]

The answer is that you're not going to be selling a system with Vista on it. If you're not going to pay for a Windows licence for it, then install Linux.

lol Vista wouldn't be the best selling point. I used to use Ubuntu here and there but I'd have my head in the terminal for hours trying to get flash to work. I'm planning on trying Mint out.

If I remember correctly the product key, either SLP or the sticker, will not register if you do a restore using a Retail disk. Of course if you purchase it just for that it will work with it's key. Any OEM disk will probably restore and register. But with OEM disks there are two licenses for the OS, one with M$ and one with the OEM. Every OEM license I've read states that the OS may only be installed on their machines. The good news is you just need to keep one copy of each version as it will work on any model from that OEM.

Very good to know.

What do you call 500 lawyers at the bottom of the ocean. A poor start. LOL!!!

LOL


Thanks for helping me with these scenarios. It seems more art than science but I feel much more confident about this now.

 

[Porthos]

I'm assuming you can reformat it with Vista using its OEM license ready to sell.

Not unless one of 2 things.
1- the original recovery partition is in place and working.
2 -The factory issued OEM disk is provided with the computer, Not burned copies.

If not you buy full retail or become a refurbisher.