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    Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1

    IT Discussion
    windows 7 windows 8 windows 8.1 windows media creation tool windows 10 windows licensing
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    • DashrenderD
      Dashrender @Mario Jakovina
      last edited by

      @Mario-Jakovina said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:

      @scottalanmiller Is it legal to buy Windows 7 Pro license and install Windows 10 with MCT and key from that Win7Pro without first installing Win7Pro on that PC?

      We can buy used Win7Pro licenses for 30EUR/35$ (in EU it is legal to buy/sell used licenses)

      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.

      If they are full box product licenses, then yeah, you can move them between machines.

      JaredBuschJ scottalanmillerS 2 Replies Last reply Reply Quote 0
      • JaredBuschJ
        JaredBusch @Dashrender
        last edited by

        @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 Is it legal to buy Windows 7 Pro license and install Windows 10 with MCT and key from that Win7Pro without first installing Win7Pro on that PC?

        We can buy used Win7Pro licenses for 30EUR/35$ (in EU it is legal to buy/sell used licenses)

        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.

        If they are full box product licenses, then yeah, you can move them between machines.

        He clearly stated he is buying legal licenses. So the only thing he has to do is install it, and upgrade from within Windows.

        1 Reply Last reply Reply Quote 1
        • scottalanmillerS
          scottalanmiller @Mario Jakovina
          last edited by

          @Mario-Jakovina said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:

          @scottalanmiller Yeah, that's annoying, and Win7 is not easy to install on most new hardware.

          Doesn't have to work, only get installed. If loads of crap breaks, that's okay.

          DashrenderD 1 Reply Last reply Reply Quote 1
          • DashrenderD
            Dashrender @scottalanmiller
            last edited by

            @scottalanmiller 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 Yeah, that's annoying, and Win7 is not easy to install on most new hardware.

            Doesn't have to work, only get installed. If loads of crap breaks, that's okay.

            as long as you can get on the internet to download MCT, you should be golden.

            1 Reply Last reply Reply Quote 0
            • scottalanmillerS
              scottalanmiller @Dashrender
              last edited by

              @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.

              DashrenderD 1 Reply Last reply Reply Quote 1
              • DashrenderD
                Dashrender @scottalanmiller
                last edited by

                @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.

                1 Reply Last reply Reply Quote 0
                • M
                  Mario Jakovina
                  last edited by

                  @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

                  scottalanmillerS DashrenderD 3 Replies Last reply Reply Quote 0
                  • scottalanmillerS
                    scottalanmiller @Mario Jakovina
                    last edited by

                    @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.

                    1 Reply Last reply Reply Quote 1
                    • scottalanmillerS
                      scottalanmiller @Mario Jakovina
                      last edited by

                      @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

                      M 1 Reply Last reply Reply Quote 0
                      • M
                        Mario Jakovina @scottalanmiller
                        last edited by Mario Jakovina

                        @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

                        DashrenderD 1 Reply Last reply Reply Quote 0
                        • DashrenderD
                          Dashrender @Mario Jakovina
                          last edited by

                          @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.

                          M 1 Reply Last reply Reply Quote 0
                          • DashrenderD
                            Dashrender @Mario Jakovina
                            last edited by

                            @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.pdf

                            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?

                            M scottalanmillerS 2 Replies Last reply Reply Quote 0
                            • M
                              Mario Jakovina @Dashrender
                              last edited by

                              @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)

                              1 Reply Last reply Reply Quote 0
                              • M
                                Mario Jakovina @Dashrender
                                last edited by

                                @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

                                DashrenderD scottalanmillerS 2 Replies Last reply Reply Quote 1
                                • DashrenderD
                                  Dashrender @Mario Jakovina
                                  last edited by

                                  @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 365

                                  Wow - 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.

                                  M 1 Reply Last reply Reply Quote 1
                                  • M
                                    Mario Jakovina @Dashrender
                                    last edited by

                                    @Dashrender I have not looked at it as an anti-piracy solution - Good point

                                    1 Reply Last reply Reply Quote 0
                                    • scottalanmillerS
                                      scottalanmiller @Dashrender
                                      last edited by

                                      @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.pdf

                                      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?

                                      Yes, would apply there too.

                                      1 Reply Last reply Reply Quote 0
                                      • scottalanmillerS
                                        scottalanmiller @Mario Jakovina
                                        last edited by

                                        @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 365

                                        Yeah, makes that problem kind of just disappear.

                                        1 Reply Last reply Reply Quote 0
                                        • WrCombsW
                                          WrCombs
                                          last edited by

                                          This is still going?
                                          holy crap.

                                          DashrenderD 1 Reply Last reply Reply Quote 0
                                          • DashrenderD
                                            Dashrender @WrCombs
                                            last edited by

                                            @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?

                                            WrCombsW 1 Reply Last reply Reply Quote 0
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