Windows 10: About License Key Resale and eBay Retail Products

Hello, this is Lee Seung-young.

Microsoft Windows genuine reseller inquiries.

https://www.ebay.com/itm/123371738512?ul_noapp=true

I would like to ask questions about MS Licensing.


"Does purchasing and reselling a genuine license key (RETAIL product) violate Microsoft licensing regulations? "


The court ruling is legitimate.


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Visit: http://curia.europa.eu/juris/document/document.jsf?text=&docid=124564&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=716084---------------------------------------------------------------------------------------------------------------

JUDGMENT OF THE COURT (Grand Chamber)

According to the decision of the European Court (Curia) of Justice on the 3rd of july in 2012, (C-128/11.) the sale of software is permitted even without the physical transport of the medium (CD/DVD/Pendrive). The transfer of the used license activation keys is permitted, furthermore the sale, transfer of the unused software licenses is legal regardless of whether the software license is on a medium or online license activation key. The software company shall not prevent the further sale of its license, and usage of its software, including OEM, DSP and ESD versions. The software company’s copyright is exhausted when its software has been sold for the first time. The individual sale of Volume License and the trading of online transferable licenses are permitted. (C-128/11., EU 2001/29/EG, 28., 2009/24/EK)

"Legal protection of computer programs — Marketing of used licences for computer programs downloaded from the internet — Directive 2009/24/EC — Articles 4(2) and 5(1) — Exhaustion of the distribution right — Concept of lawful acquirer"

Visit: http://curia.europa.eu/juris/document/document.jsf?text=&docid=124564&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=716084


Articles 4(2) and 5(1) of Directive 2009/24 must be interpreted as meaning that, in the event of the resale of a user licence entailing the resale of a copy of a computer program downloaded from the copyright holder’s website, that licence having originally been granted by that rightholder to the first acquirer for an unlimited period in return for payment of a fee intended to enable the rightholder to obtain a remuneration corresponding to the economic value of that copy of his work, the second acquirer of the licence, as well as any subsequent acquirer of it, will be able to rely on the exhaustion of the distribution right under Article 4(2) of that directive, and hence be regarded as lawful acquirers of a copy of a computer program within the meaning of Article 5(1) of that directive and benefit from the right of reproduction provided for in that provision.


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eBay Policy States
"OEM, bundled, or recovery software may be listed only if it is included along with the original hardware, such as the motherboard, hard drive, or computer sold with the OEM software." - Therefore, this sale includes the original broken beyond economical repair computer and motherboard. (If only OEM)

This Sale complies with all eBay & Microsoft Terms & Conditions. This product is sourced from Authorized Microsoft Seller and only sold within the European Union.


If you need the broken motherboard, that comes with the OEM key as required to comply with ebay policy of OEM software, then contact us for more details abou this. The list price is not include scrap/broken PC and hardware item. Extra item price and shipping costs (+35usd) apply if need the hardware.

This product does not infringe on any copyright. Trademark names are only a sale offer, not advertising. This product does not infringe Trademark, or any other rights, or any of eBay's listing policies or spam policies. This is a remarketing item from broken/demaged PC, this legal in EU.

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OEM Software

Microsoft's Distribution Agreement for System Builders states that the system builder software packs are not intended for distribution to end users unless the end users are acting as system builders by assembling their own PCs. A "system builder" is anyone who assembles, reassembles or installs software on a new or used computer system. This product does not infringe on any copyright, trademark, or any other rights, or any of eBay's listing policies or spam policies.

---------------------------------------------------------------------------------------------------------------I will let you know about eBay ads.




:)

 

Windows 10 retail license key

As noted, only Microsoft and through special relations and partnership, Amazon.com can resell digital licenses.

Those listed on ebay are likely MSDN product keys.

About MSDN or TechNet Product Keys

They are genuine Microsoft product keys, they are actually retail licenses, but it is intended for a particular product channel either the Microsoft Software Developer Network (MSDN) or TechNet for IT Professionals who pay a subscription fee. The main purpose
is for evaluation purposes. The great thing about them, unlike trial Microsoft software, MSDN or TechNet keys don't expire. Because the agreement under which the subscription is provided is a single license, none of the software should be distributed outside
of it. Even though its $50,000 worth of licenses, it is for one person only to use and no one else. Unfortunately, regardless of the licensing terms, persons still abuse the program, either giveaway product keys or resell it on auction sites. Microsoft licenses
it in good faith that customers won't do so, but I guess human nature wins out.

　

In your case, what probably happened is, you bought an MSDN licensed key, which carries up to 10 activations unlike full packaged retail licenses which only carry 1 activation. The person who sold it to you probably sold it to 10 other persons. Somewhere
along the way, one of those persons might have installed it on a second system, activated it, because it went past 10 activation threshold, Microsoft detected it that it was being abused and blocked the key from further use.

 

Windows 10 retail license key

I've been looking into possibly getting Windows 10. I found retail license keys being sold on eBay for extremely cheap (under $15). It
seems like there would have to be some issue with these. However, I'm not sure what the problem could be. I've been doing some research. If I understand correctly, if it's retail then it cannot be OEM. Also, if it's retail, I understand it cannot be
a volume license key. From what I understand, it cannot be MSDN, either. If it were simply pirated, then I don't see how it could be activated as they claim it can be. What am I missing? FWIW, it comes from Europe, but claims to be valid worldwide.

(Not linking to the eBay sale as I don't want to "promote" it if there is an issue with it. But what can you suggest to me based on the little info available?)

Edit: A possibility... could it potentially be resold to other parties and activated by them, but then if I reinstall (when enough activations have been done), I will be unable to reactivate again?

 

Purchased Win 10 Pro off Ebay, but it was not Retail version

Did you not read my response #11?

The seller is not actually scamming you per se. They are stated it was a Retail version and you have one from the Retail Branch. There is not really such a licence as a Retail licence. A licence is either Retail Branch Standalone (EULA calls it that) or Retail Branch Preinstalled (which is the category yours comes under as really system builder licences are not supposed to be sold directly to end user).

Unfortunately, people use term Retail when they mean Standalone and this misleads people.

So you did buy a Retail Licence - but it happens to be a Retail Branch Preinstalled licence.

It is disengenuous of Sellers to do this and you can complain to ebay of course, but whether the vendor has to legally do anything is debatable. They probably will to avoid getting blacklisted by ebay but .....


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a) Software preinstalled on device. If you acquired the software preinstalled on a device (and also if you upgraded from software preinstalled on a device), you may transfer the license to use the software directly to another user, only with the licensed device. The transfer must include the software and, if provided with the device, an authentic Windows label including the product key. Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software.
b Stand-alone software. If you acquired the software as stand-alone software (and also if you upgraded from software you acquired as stand-alone software), you may transfer the software to another device that belongs to you. You may also transfer the software to a device owned by someone else if (i) you are the first licensed user of the software and (ii) the new user agrees to the terms of this agreement. You may use the backup copy we allow you to make or the media that the software came on to transfer the software. Every time you transfer the software to a new device, you must remove the software from the prior device. You may not transfer the software to share licenses between devices.