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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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    • 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
                              • JaredBuschJ
                                JaredBusch @Dashrender
                                last edited by

                                @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.

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

                                  Meh

                                  1 Reply Last reply Reply Quote 0
                                  • L
                                    lucylu
                                    last edited by

                                    Wow. Glad I found this post as our company does not have enough resources to purchase W10 licenses for all our PCs in our network. Has anyone else here went ahead and used the methods above to obtain a free license key? If so, do you recommend doing this for 100+ PCs?

                                    J scottalanmillerS 2 Replies Last reply Reply Quote 0
                                    • J
                                      JasGot @lucylu
                                      last edited by

                                      @lucylu Please keep in mind, this topic is about a path to install Windows 10, you must make sure your licensing is compliant also. Installation and licensing are two very different items.

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

                                        @JasGot said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:

                                        @lucylu Please keep in mind, this topic is about a path to install Windows 10, you must make sure your licensing is compliant also. Installation and licensing are two very different items.

                                        of course - but Scott's claim above is that the Win10 upgrade site basically - it fully does in Scott's option - does grant a valid license to the user - assuming the user has Windows 7 or 8 or 8.1 on their machine first.

                                        J 1 Reply Last reply Reply Quote 0
                                        • J
                                          JasGot @Dashrender
                                          last edited by JasGot

                                          @Dashrender said in Free Upgrade to Windows 10 in 2019 from Windows 7 and Windows 8.1:

                                          assuming the user has Windows 7 or 8 or 8.1 on their machine first

                                          And it is properly licensed. There's really only one way to say it: Make sure you are properly licensed PRIOR to embarking on this journey.

                                          But not Windows 8.

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

                                            @JasGot 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:

                                            assuming the user has Windows 7 or 8 or 8.1 on their machine first

                                            And it is properly licensed. There's really only one way to say it: Make sure you are properly licensed PRIOR to embarking on this journey.

                                            But not Windows 8.

                                            As far as I know, anyone with an 8.0 license can upgrade to 8.1 at no cost. Then move to 10.

                                            You're right - you have to be properly licensed on 7 or 8.1

                                            1 Reply Last reply Reply Quote 0
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