Buying cheap Windows 10 licence key Locked

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Simon Garrett Veteran Member • Posts: 6,590
Re: Speculations on software licenses

Chris Noble wrote:

Simon Garrett wrote:

Chris Noble wrote:

Simon Garrett wrote:

I'm sure many are not legit, but some can be legal resale of used licences.

The software license says clearly that it can't be "resold". In any cases they are leases. The software is not sold to you.

It depends on the jurisdiction. In many countries it is legal to sell on a used software license. It's like selling a used book. See https://en.wikipedia.org/wiki/First-sale_doctrine.

The First-Sale Doctrine has no bearing on this.

Software makers may try to say that you're not buying a copyright work but a limited license.

"try to say"? How about "that's what you the customer agreed to in the license"?

However, courts in some countries take the view that if it looks like a dog, smells like a dog and it barks, then legally it's a dog, even if the person selling it calls it something different. And that metaphor applies to some Microsoft software in more ways than one.

Sorry, can you translate those two sentences into English?

This appears to be a topic that you are not familiar with.

Chris, are you a lawyer and qualified in copyright and related law in the UK and EU? The emphatic nature with which you express your views suggests you might not be, as no lawyer I ever met states anything with such certainty. They get paid more for emphasising uncertainty!

You're not paying me, so I don't need to be uncertain.

I've done IP licenses in the UK and EU.

Me too.

In any case the consumer end-user software transaction is contract law.

Some times overridden by other law.  For example, a click-through licence that says "You agree that we may kill you" is not valid, even if you have accepted the licence terms.

For all practical purposes, any software that runs on an end-user's machine is not a piece of property that can be commercially separated from that machine.

This thread was over months ago. "Discount" WIndows licenses are not legit. But you can always contact MS in your country and ask them if you have any doubts.

I'm no lawyer, but I have taken advice (from a more reliable source than MS) which differed from your view.

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