G
giulio caliari
Disclaimer: I worked with IT. the whole is valid for an IT and personal POV.
I AM NOT A LAWYER.
Preamble: Source Wikipedia germany.
Judgment of the Munich Higher Regional Court of 3 July 2008 [ edit ]
The Munich Higher Regional Court decided on 3 July 2008 (Az 6 U 2759/07 -. Judgment meeting in MMR 2008, 601) that a resale of Oracle licenses was unlawful because the consent of the originator had not existed. This applies even in the distribution of Oracle single-user licenses, which takes an original disk. This judgment relates however exclusively on Oracle software, not on software from Microsoft or other vendors. The Federal Court allowed the appeal against that judgment, the decision will therefore check. On 3 February 2011, the Supreme Court has, by order I ZR 129/08 Az -. Passed three key issues for the matter to the European Court of Justice ECJ - on the admissibility of distribution "used" software licenses.
So selling OEM keys should be illegal? And how about re-use them?
-------------- REINSTALL AN OEM WIN 7 ON AN PC WHICH HDD HAS GONE CORRUPT------------------------------------
I had a Netbook with an WIN 7 Pro. It's HDD broke. PC was out of warranty. I couldn't restore Windows in any way.
I could just reinstall. AXXX didn't provide me with any warranty. Nor Microsoft. At least not written. On my OS in case of crash of PC.
So I tried myself to find a windows installation DVD. But no luck. Where in the world I download a genuine copy of Windows to re-install it????
So. why Microsoft do not enable the download of its OS, tied to providing a VALIDATION KEY? Next there should be online Second Authorization that ties the Product ID and Map the computer. If the computer was an OEM with no installation or recovery cd there is actually no way to restore the system in any way if the HDD has failed. If the Mobo has failed is easier to change the whole than try to retrieve its details. But let's proceed with order.
MEDIACREATIONTOOL is the way to do that! Put the new os on a USB key and let we install our new systems!
It's the only way MS can protect CUSTOMERS who purchased a PC with WIN installed on it.
----------------------------------------INSTALL AN OEM KEY ON A TOTALLY - PARTIALLY NEW ENVIRONMENT---------------------------------
Do MS has a mortuary list for all Keys sold?
Do PEOPLE realize selling OEM Keys is a criminal offence? That is for German court, and EULA?
Do MS understand that not to provide CUSTOMERS with PARTS REPLACEMENT move people to go infringe EULA as well?
Let me explain: I buy a car, my tires explodes, I paid my car 10.000. My tires cant be changed nor bought. Do I have to bury my car?
People all over the world now sell tires for cheap. I buy these tires because I can't buy them from the manufacturer. I'm In Africa and I need to get back home. I change my tires and finally I get back on the road. I am now in the city.
But as I enter the city, police stops me and fines me for having not my original tires. I have to change them!!! I went to Africa and Back!!! No way you bought that there... show me the papers... now I will call customer office and check for verification...
Tires and chassis do not correspond!
Yes... I broke my chassis and had to change it... I had registered it while I was there on-line, the mechanic sent pictures to the registration panel and now I'm fine... what does that implies??
I must take your car.....
So I go to manufacturer and he tells me tire company is moon based, but I'm not a Virgin, and ask my insurance company to do the work for me... can I have my car back??
And why Moonlanders are so difficult to find here on Earth!?!?!
So....
DO Ms CARE about put an end to the multiplication of instances on which a single Key is ran?
HOW DO YOU KNOW?????????????????????????????????????????????????????????
What if I use Windows Xp/7 Full retail disc to install on multiple devices and I buy say three more licences and use those to validate my Windows system? If I am the owner of three PC and I bought a retail WIN COPY I should use the SAME LICENCE FOR ALL OF THEM- that is for personal use.
A Denmark court gave rights to do as such.
The Exhaustion principle for the EU - not US nor rest of the world - say it is legal to resell the software - in this case the licence, aka ACTIVATION KEY. It doesn't matter what the EULA say, as long as the EU court has legitimated such process.
People and companies sell those licences. But they are not valid for EULA... and MS...
EULA binds OEM keys for new systems install only to manufacturer's and not for personal use and optional reselling-
I am recycling my old licences, yet is true. I myself have four dead laptops with valid Windows stickers on them.
The Product ID is a combination of the Computer itself and the copy of the Software installed. This is important as a matter of fact when a HDD fail, on OEM PC's, Netbook, etc, and you only have a sticker left in your hands, it's not possible to legally re-install the same OS. If the computer is still under warranty obviously it can be. But AXXX, DXXX, HXXXX, SXXXXX... all of them are on the same wagon. The Warranty on the software is not included. New product key will be integrated in the computer Bios and will have to be retrieved manually.
Just in case your BIOS fails... what a wonderful scenario up-a-head... how do we get MS to know that that VALIDATION KEY is true to that PC?
The warranty to be able to re-install the software from a source, let that be Microsoft, straight into your system, with remote download, or none... and use your own product key to re-activate a formatted pc with the same OS as it was before, should be debated as legal matter. but as a matter of fact, there is not even the option to this day to retrieve the original OS on any pc's if something break. It's against Customer rights to do that. Where is the regulation in that? How many years have to pass since my own digital software rights expires? XXXX make a laptop who disintegrates after one year. Who protects me???
MORGANA?
--------------------------------- SO IS OEM GOING TO BE THE ONLY WAY WIN WILL BE SHIPPED IN THE FUTURE??----------------------
--------------------------------- Not concerned about Volume Licencing----------------------------------------------------------------------------------------
Using an OEM key associated with a Retail disc should not break the EULA. DO OEM keys THEMSELF infringe the EULA? Because at this point MS does not recognize them as genuine.
The way windows validate now, its obsolete. Already.
No mortuary, no track, nothing.
Have a Windows Live USB ... that reads PC ID, make an SSH key, and download the right copy for you.... that is the way....
MS could disable offline installation as an additional security wall...
piracy is the only way normal people over the world are experiencing this exhausting process of verification and cannot download the sources as for now, win 10 deployment is moving in a new direction... be aware of that...
---------------------------------------------- VERIFICATION THAT MY OEM IS UNIQUE REQUIRED---------------------------------------
----------------------------------------------------- CAN I VALIDATE MY OEM WIN COPY NOW??---------------------------------------------------
What is MS going to do? Because a 100 bucks fresh OEM licence key just bought is going straight down the flush at the bottom of this line....
I would like to have an answer... not arise people against Digital rights infringement that is going way over the horizon....
I need an answer to that....
Continue reading...
I AM NOT A LAWYER.
Preamble: Source Wikipedia germany.
Judgment of the Munich Higher Regional Court of 3 July 2008 [ edit ]
The Munich Higher Regional Court decided on 3 July 2008 (Az 6 U 2759/07 -. Judgment meeting in MMR 2008, 601) that a resale of Oracle licenses was unlawful because the consent of the originator had not existed. This applies even in the distribution of Oracle single-user licenses, which takes an original disk. This judgment relates however exclusively on Oracle software, not on software from Microsoft or other vendors. The Federal Court allowed the appeal against that judgment, the decision will therefore check. On 3 February 2011, the Supreme Court has, by order I ZR 129/08 Az -. Passed three key issues for the matter to the European Court of Justice ECJ - on the admissibility of distribution "used" software licenses.
So selling OEM keys should be illegal? And how about re-use them?
-------------- REINSTALL AN OEM WIN 7 ON AN PC WHICH HDD HAS GONE CORRUPT------------------------------------
I had a Netbook with an WIN 7 Pro. It's HDD broke. PC was out of warranty. I couldn't restore Windows in any way.
I could just reinstall. AXXX didn't provide me with any warranty. Nor Microsoft. At least not written. On my OS in case of crash of PC.
So I tried myself to find a windows installation DVD. But no luck. Where in the world I download a genuine copy of Windows to re-install it????
So. why Microsoft do not enable the download of its OS, tied to providing a VALIDATION KEY? Next there should be online Second Authorization that ties the Product ID and Map the computer. If the computer was an OEM with no installation or recovery cd there is actually no way to restore the system in any way if the HDD has failed. If the Mobo has failed is easier to change the whole than try to retrieve its details. But let's proceed with order.
MEDIACREATIONTOOL is the way to do that! Put the new os on a USB key and let we install our new systems!
It's the only way MS can protect CUSTOMERS who purchased a PC with WIN installed on it.
----------------------------------------INSTALL AN OEM KEY ON A TOTALLY - PARTIALLY NEW ENVIRONMENT---------------------------------
Do MS has a mortuary list for all Keys sold?
Do PEOPLE realize selling OEM Keys is a criminal offence? That is for German court, and EULA?
Do MS understand that not to provide CUSTOMERS with PARTS REPLACEMENT move people to go infringe EULA as well?
Let me explain: I buy a car, my tires explodes, I paid my car 10.000. My tires cant be changed nor bought. Do I have to bury my car?
People all over the world now sell tires for cheap. I buy these tires because I can't buy them from the manufacturer. I'm In Africa and I need to get back home. I change my tires and finally I get back on the road. I am now in the city.
But as I enter the city, police stops me and fines me for having not my original tires. I have to change them!!! I went to Africa and Back!!! No way you bought that there... show me the papers... now I will call customer office and check for verification...
Tires and chassis do not correspond!
Yes... I broke my chassis and had to change it... I had registered it while I was there on-line, the mechanic sent pictures to the registration panel and now I'm fine... what does that implies??
I must take your car.....
So I go to manufacturer and he tells me tire company is moon based, but I'm not a Virgin, and ask my insurance company to do the work for me... can I have my car back??
And why Moonlanders are so difficult to find here on Earth!?!?!
So....
DO Ms CARE about put an end to the multiplication of instances on which a single Key is ran?
HOW DO YOU KNOW?????????????????????????????????????????????????????????
What if I use Windows Xp/7 Full retail disc to install on multiple devices and I buy say three more licences and use those to validate my Windows system? If I am the owner of three PC and I bought a retail WIN COPY I should use the SAME LICENCE FOR ALL OF THEM- that is for personal use.
A Denmark court gave rights to do as such.
The Exhaustion principle for the EU - not US nor rest of the world - say it is legal to resell the software - in this case the licence, aka ACTIVATION KEY. It doesn't matter what the EULA say, as long as the EU court has legitimated such process.
People and companies sell those licences. But they are not valid for EULA... and MS...
EULA binds OEM keys for new systems install only to manufacturer's and not for personal use and optional reselling-
I am recycling my old licences, yet is true. I myself have four dead laptops with valid Windows stickers on them.
The Product ID is a combination of the Computer itself and the copy of the Software installed. This is important as a matter of fact when a HDD fail, on OEM PC's, Netbook, etc, and you only have a sticker left in your hands, it's not possible to legally re-install the same OS. If the computer is still under warranty obviously it can be. But AXXX, DXXX, HXXXX, SXXXXX... all of them are on the same wagon. The Warranty on the software is not included. New product key will be integrated in the computer Bios and will have to be retrieved manually.
Just in case your BIOS fails... what a wonderful scenario up-a-head... how do we get MS to know that that VALIDATION KEY is true to that PC?
The warranty to be able to re-install the software from a source, let that be Microsoft, straight into your system, with remote download, or none... and use your own product key to re-activate a formatted pc with the same OS as it was before, should be debated as legal matter. but as a matter of fact, there is not even the option to this day to retrieve the original OS on any pc's if something break. It's against Customer rights to do that. Where is the regulation in that? How many years have to pass since my own digital software rights expires? XXXX make a laptop who disintegrates after one year. Who protects me???
MORGANA?
--------------------------------- SO IS OEM GOING TO BE THE ONLY WAY WIN WILL BE SHIPPED IN THE FUTURE??----------------------
--------------------------------- Not concerned about Volume Licencing----------------------------------------------------------------------------------------
Using an OEM key associated with a Retail disc should not break the EULA. DO OEM keys THEMSELF infringe the EULA? Because at this point MS does not recognize them as genuine.
The way windows validate now, its obsolete. Already.
No mortuary, no track, nothing.
Have a Windows Live USB ... that reads PC ID, make an SSH key, and download the right copy for you.... that is the way....
MS could disable offline installation as an additional security wall...
piracy is the only way normal people over the world are experiencing this exhausting process of verification and cannot download the sources as for now, win 10 deployment is moving in a new direction... be aware of that...
---------------------------------------------- VERIFICATION THAT MY OEM IS UNIQUE REQUIRED---------------------------------------
----------------------------------------------------- CAN I VALIDATE MY OEM WIN COPY NOW??---------------------------------------------------
What is MS going to do? Because a 100 bucks fresh OEM licence key just bought is going straight down the flush at the bottom of this line....
I would like to have an answer... not arise people against Digital rights infringement that is going way over the horizon....
I need an answer to that....
Continue reading...