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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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    • 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
                                        • WrCombsW
                                          WrCombs @Dashrender
                                          last edited by

                                          @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?

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

                                            It was necro-posted.. so sure.

                                            JaredBuschJ 1 Reply Last reply Reply Quote 0
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