Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1
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@Dashrender said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:
What kind of licenses are these? OEM? Are you following the OEM rules for them? If they are used OEM licenses, you can only use them on the hardware they originally came with.
He said he is in the EU. OEM restrictions are illegal there. He can freely transfer licenses of any type. This isn't the US where software sales can be restricted.
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@scottalanmiller said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:
@Dashrender said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:
What kind of licenses are these? OEM? Are you following the OEM rules for them? If they are used OEM licenses, you can only use them on the hardware they originally came with.
He said he is in the EU. OEM restrictions are illegal there. He can freely transfer licenses of any type. This isn't the US where software sales can be restricted.
aww - I kinda gathered that from JB's slap down a min ago.. didn't know OEM licensing wasn't legal there.
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@Dashrender said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:
What kind of licenses are these?
There are all kinds of licenses on sale Volume, Retail... Those Win7 is Retail, but we can also buy, for example Win10 Enterprise 2016 VL for 65 euros.
@scottalanmiller said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:
He said he is in the EU. OEM restrictions are illegal there. He can freely transfer licenses of any type. This isn't the US where software sales can be restricted.
This is completly correct - OEM restrictions are illegal, as any restrictions to resell used license.
@Dashrender said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:
aww - I kinda gathered that from JB's slap down a min ago.. didn't know OEM licensing wasn't legal there.
OEM restriction in original sale is legal I think (you need to buy it with new HW), but after that, the buyer have all rights to resell that license to anybody
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@Mario-Jakovina said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:
This is completly correct - OEM restrictions are illegal, as any restrictions to resell used license.
This is why Microsoft 365 is such a big time.
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@Mario-Jakovina said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:
OEM restriction in original sale is legal I think (you need to buy it with new HW), but after that, the buyer have all rights to resell that license to anybody
That should mean that the original seller (OEM) can sell it to anyone, too. lol
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@scottalanmiller said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:
That should mean that the original seller (OEM) can sell it to anyone, too. lol
I'm not sure, because the "first sale" did not occur yet.
The judgement of Court of Justice of EU said this:
"An author of software cannot oppose the resale of his ‘used’ licences allowing the
use of his programs downloaded from the internet
The exclusive right of distribution of a copy of a computer program covered by such a licence is
exhausted on its first sale"This is the quoted document/judgement that made precedence in this matter (the case of UsedSoft Gmbh vs Oracle corp.):
https://curia.europa.eu/jcms/upload/docs/application/pdf/2012-07/cp120094en.pdf -
@Mario-Jakovina said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:
@Dashrender said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:
What kind of licenses are these?
There are all kinds of licenses on sale Volume, Retail... Those Win7 is Retail, but we can also buy, for example Win10 Enterprise 2016 VL for 65 euros.
@scottalanmiller said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:
He said he is in the EU. OEM restrictions are illegal there. He can freely transfer licenses of any type. This isn't the US where software sales can be restricted.
This is completly correct - OEM restrictions are illegal, as any restrictions to resell used license.
@Dashrender said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:
aww - I kinda gathered that from JB's slap down a min ago.. didn't know OEM licensing wasn't legal there.
OEM restriction in original sale is legal I think (you need to buy it with new HW), but after that, the buyer have all rights to resell that license to anybody
I supposed I can understand that. Though when it comes to VL - MS doesn't really have a transfer mechanism, so I'm not sure how you go about transferring those licenses to another owner.
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@Mario-Jakovina said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:
@scottalanmiller said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:
That should mean that the original seller (OEM) can sell it to anyone, too. lol
I'm not sure, because the "first sale" did not occur yet.
The judgement of Court of Justice of EU said this:
"An author of software cannot oppose the resale of his ‘used’ licences allowing the
use of his programs downloaded from the internet
The exclusive right of distribution of a copy of a computer program covered by such a licence is
exhausted on its first sale"This is the quoted document/judgement that made precedence in this matter (the case of UsedSoft Gmbh vs Oracle corp.):
https://curia.europa.eu/jcms/upload/docs/application/pdf/2012-07/cp120094en.pdfI wonder - does this also mean that Cisco's iOS is transferable? As I understand it - the licensing for Cisco gear state that the OS on said gear does not transfer to the new (secondary, etc) owner of a device. That this non first owner must purchase the software themselves to legally use it.
Scott - or anyone - know if that's still the case?
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@Dashrender said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:
I supposed I can understand that. Though when it comes to VL - MS doesn't really have a transfer mechanism, so I'm not sure how you go about transferring those licenses to another owner.
I suppose I can understand that.
But that is then technical problem for MS. As I heard, people did not have problems with activating VL licenses (and they can be split also) -
@Dashrender said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:
I wonder - does this also mean that Cisco's iOS is transferable? As I understand it - the licensing for Cisco gear state that the OS on said gear does not transfer to the new (secondary, etc) owner of a device. That this non first owner must purchase the software themselves to legally use it.
Scott - or anyone - know if that's still the case?That cannot be the case in EU.
And that is huge driving factor for moving more and more licensing from perpetual to subscription based licensing, just as @scottalanmiller mentioned for Office 365 -
@Mario-Jakovina said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:
@Dashrender said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:
I wonder - does this also mean that Cisco's iOS is transferable? As I understand it - the licensing for Cisco gear state that the OS on said gear does not transfer to the new (secondary, etc) owner of a device. That this non first owner must purchase the software themselves to legally use it.
Scott - or anyone - know if that's still the case?That cannot be the case in EU.
And that is huge driving factor for moving more and more licensing from perpetual to subscription based licensing, just as @scottalanmiller mentioned for Office 365Wow - I had no idea about this situation in the EU. Toss in the fact of the third world (and china - are they still considered 3rd world?) pirating so much stuff - moving to subscription basically prevents most of that.
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@Dashrender I have not looked at it as an anti-piracy solution - Good point
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@Dashrender said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:
@Mario-Jakovina said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:
@scottalanmiller said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:
That should mean that the original seller (OEM) can sell it to anyone, too. lol
I'm not sure, because the "first sale" did not occur yet.
The judgement of Court of Justice of EU said this:
"An author of software cannot oppose the resale of his ‘used’ licences allowing the
use of his programs downloaded from the internet
The exclusive right of distribution of a copy of a computer program covered by such a licence is
exhausted on its first sale"This is the quoted document/judgement that made precedence in this matter (the case of UsedSoft Gmbh vs Oracle corp.):
https://curia.europa.eu/jcms/upload/docs/application/pdf/2012-07/cp120094en.pdfI wonder - does this also mean that Cisco's iOS is transferable? As I understand it - the licensing for Cisco gear state that the OS on said gear does not transfer to the new (secondary, etc) owner of a device. That this non first owner must purchase the software themselves to legally use it.
Scott - or anyone - know if that's still the case?
Yes, would apply there too.
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@Mario-Jakovina said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:
@Dashrender said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:
I wonder - does this also mean that Cisco's iOS is transferable? As I understand it - the licensing for Cisco gear state that the OS on said gear does not transfer to the new (secondary, etc) owner of a device. That this non first owner must purchase the software themselves to legally use it.
Scott - or anyone - know if that's still the case?That cannot be the case in EU.
And that is huge driving factor for moving more and more licensing from perpetual to subscription based licensing, just as @scottalanmiller mentioned for Office 365Yeah, makes that problem kind of just disappear.
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This is still going?
holy crap. -
@WrCombs said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:
This is still going?
holy crap.what are you holy crapping?
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@Dashrender said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:
@WrCombs said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:
This is still going?
holy crap.what are you holy crapping?
That this conversation that stem'd from My conversation is still going?
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It was necro-posted.. so sure.
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@Dashrender said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:
It was necro-posted.. so sure.
Not really. barely more than a month old and a perfectly reasonable question for clarification.
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Meh
