Escrap Question - Page 4

Originally Posted by drozenski

No it is illegal to sell a OEM serial key from the side of a computer the key is bound to the physical hardware. If you are caught it's jail time + usually 2k-25k fine per offense depending on microsofts mood.

How to Tell

Straight from the horses mouth

"A COA should always accompany the product with which it is associated. COAs and/or product keys cannot be purchased separately from the product."

Is this legal? Selling OEM sticker? - Microsoft Answers

Well, then Microsoft needs to get to work suing all the people on ebay...because there is a ton of them already doing it! just saying.

It cannot be that illegal if ebay is allowing users to do it.

Also, if the serial is bound to the physical hardware, then how come hardware in any pc can be used in other PCs? if the hardware is configured for a particular serial?

Originally Posted by AJR

It's not specifically bound to the physical hardware inside the pc... it is bound to the pc itself. For example, a Dell Optiplex GX620 comes with a COA on the case for Windows XP Professional. That COA was in a series that was issued by Microsoft to Dell to attach to that GX620 from the factory (if that's what the pc was ordered with by the customer). The restore partition or the recovery discs made from the GX620 will be an XP Professional installation specific for the GX620. It doesn't mean that the GX620 always has to be Windows XP Professional - if the customer purchases a license and software for Windows 7 to install on the pc at a later time, it can be installed.

The hardware inside the GX620 pc - the memory, hard drive, expansion cards, even the motherboard aren't tied to the COA on the case and can be parted out and put in other pc's. But that COA is supposed to be born and die with the the GX620.

So, what your saying is that the COA is for a particular series basically?

That is what I was figuring...I knew it wasnt attached to the physical hardware.

Originally Posted by surfsupny69

just sell them whole yea around 6 is normal price too much work for a possible loss garbage to scrap comparison remember to remove the batteries for top dollar.

Well if you know what your doing, and can get the boards out, without breaking into a billion pieces, who wouldn't want the extra $3/lb.

Granted you can make more money on ebay with them, as I recently found out, but to me personally, I rather deal with a buyer on here who has taken their precious time to teach me things to help them and I both out.

Plus, I know they won't screw me over as their reputations hang in the balance.

Originally Posted by GeorgeB

So, what your saying is that the COA is for a particular series basically?

That is what I was figuring...I knew it wasnt attached to the physical hardware.

A microsft COA liscense is tied to the physical hardware. You can sell the hardware however you want but the windows key is tied to it. Its the reason that if you have a COA key and upgrade your computer too many times with new hardware or replace your motherboard with a diffrent one the key will not work unless you call microsoft.

George i am a CMGP ( Certified Microsoft Gold Partner ) i have had to read entire books on this crap. You can not sell a COA key with out selling the entire computer with it. Period. No matter how "not that illegal" you think it is, it is still Illegal. Their are tons on ebay and they are removed very quickly. Just because you see them doesnt make it legal. Ebay uses alot of resources to remove them but cant always get them all.

I am bound by my microsoft partner program to report all illegal and conterfit liscensing activity, so please quit while you are ahead. We dont need false information on this forum and we dont need any info on how to break the law.

Because you do not legally "own" the windows operating system. The key gives you the right to use it. Microsfot is basically leasing it to you.

Differences Between Retail, OEM, System Builder, Volume Licensing, Full or Upgrade License for Windows « My Digital Life

Here’s a brief explanation on various licenses or licensing schemes that available for Windows operating system from Microsoft.

Retail: Windows operating system products that are acquired through a retail store (physical or online) are individually licensed and are activated. Retail version of Windows generally can be purchased in two license pricing levels, namely Full of Upgrade license.
Full License – also known as Full Packaged Product (FPP). The full version of Windows has no limitation on how customers can install and use the OS, as long as each PC has its own legitimate license. Full retail can perform either clean (custom) and upgrade install, and can be transferred to upgraded or entirely new systems as long as only one copy is installed at a time. Full license is always the most expensive edition, and is normally purchased for computer that does not sold with Windows operating system originally.
Upgrade License – available at cheaper discounted price (for example see Windows 7 prices or Windows Vista prices), upgrade license is targeted at end-users who already has a genuine license of previous version of Windows operating system, and wish to move to newer operating system. For example, upgrade from Windows Vista to Windows 7. Upgrade retail license can only be installed on a system that already has an OEM or full license.
Retail version of Windows license includes full support from Microsoft, and each purchased copy comes with one unique product key (printed on the product packaging), which the user enters during the product installation to complete the activation online or via phone.

OEM: OEM (Original Equipment Manufacturer) license is a restricted version of Windows that included with a new computer. Manufacturers and vendors ship Windows with OEM license as it’s deeply discounted when compared with retail copy. OEM license has limitation that it can only perform a clean install or custom install, but not upgrade.
Since Windows Vista and including Windows 7, EULA of OEM license can only be installed on one computer, and is forever locked and bounded to the computer (motherboard) of which it’s installed. In Windows XP, OEM license can be installed on one computer at a time. OEM license is always the least expensive edition, but is available to OEMs only.

OEM license also has another variant called System Builder OEM license, which is also an OEM license with lesser discount, has all the same restrictions and limitations of OEM license. But System Builder OEM license may be available to general customer who purchased a new PC (or hardware) from a small system builder via retail store.

Hardware vendors perform OEM activation by associating the operating system to the firmware (basic input/output system, or BIOS) of the computer prior to shipping new PC to customer. So no additional actions are required by the user to activate Windows, except when user choose to activate Windows with COA (Certificate of Authenticity) product key, which normally pasted on the casing of the hardware, in the case of not installing Windows with OEM provided image.

Support for Windows with OEM license is provided by OEM or system builder, which is usually non-existent. So, end-users are virtually have to support their own.

Volume Licensing: Volume licenses is a software license programs (depending on the Volume Licensing program, subscriber may receive media, or has the option to acquire media or supplemental media, documentation, and product support separately as needed) that are sold in bulk to corporate customers, in quantities of five or more at a time. There are actually many options and choices available for volume licensing, such as Open Value, Open Value Subscription, Open License, Select Plus, Select License, Enterprise Agreement, and Enterprise Subscription Agreement. Some editions of Windows, such as Windows 7 Enterprise, are available only through the Volume Licensing channel.
Again, depending on Volume Licensing programs or related entitlement customizations, Volume License may cover only upgrades to Windows client operating systems, and thus require qualifying OS licensing for each computer before upgrade rights obtained through Volume Licensing can be exercised on these computers.

Windows with volume license can be activated through Volume Activation models, which is through Key Management Service (KMS), a locally hosted activation services preactivated with Microsoft activation service normally used in large corporations with minimum activation threshold of 5 servers or 25 client computers (physical or virtual machines), and Multiple Activation Key (MAK), which similar to retail product key and used for one-time activation with Microsoft’s hosted activation services, independently or through MAK proxy.

Decided to go straigh to the source COA and Hologram

Counterfeit Protection
Don't fall victim to stand-alone COAs. If you receive offers for COAs as stand-alone items, be aware that these offers are highly suspect—and they can put you and your customers at risk. If you fall victim to stand-alone COAs, you will have wasted money and your customers will not have a legal license to run their software.

Protect your customers and your company. Purchase software through a Microsoft authorized OEM distributor, an assured source of genuine Microsoft software.

The Anti-Counterfeiting Act of 2003 (U.S. only), passed on December 24, 2004, makes it a criminal offense to distribute stand-alone COA labels. There is now a significant legal risk for dishonest resellers to illegally deal in stand-alone COAs. The full weight of the law is behind the efforts of Microsoft to make the marketplace safe for your honest partners.

So, according to Microsoft, it is illegal to distribute stand-alone COA labels. I'll trust the law on this one. Thanks everyone - looks like my devil's advocate was wrong. I'm not sure I agree with the law - but it is the law and I will follow it.

Speaking of this I need a pirated copy of Windows XP and a COA to go with it to reinstall on this computer I just got..............



GOT YA!!!!! Just kidding.......A guy I talked to told me it was legal to sell these stickers as well, Good thing I never tried because I have thrown out tons of them

Originally Posted by mikeinreco

GOT YA!!!!! Just kidding.......A guy I talked to told me it was legal to sell these stickers as well, Good thing I never tried because I have thrown out tons of them

I am a little confused by the statement. So, he told you it was legal to sell them?

Originally Posted by JustInTime

You don't own the license key that is printed on the sticker and that is what you are selling. It is a violation of the EULA to sell that sticker by itself and therefore illegal, regardless of what you may think. That COA is licensed to the machine it came on and cannot be transferred to any other machine. Once again, violation of the EULA. It can most definitely not be sold legally.

That is what doesn't make sense. That is almost like saying, I bought a pc with Vista on it, and then bought a Windows 7 Operating System, but cannot use it, because it didnt come on the system.

Originally Posted by GeorgeB

I am a little confused by the statement. So, he told you it was legal to sell them?

Yeah a guy I have bought scrap computers off of in the past asked me if I was selling the stickers.....I told him I thought it was illegal but he said it was ok......Anyways sorry for all the fuss you asked a legitimate question and I was wondering the same but just didn't have time to fool with it

Originally Posted by JustInTime

That's simply because you don't understand the differences between OEM licensing and the license for a retail purchase of Windows 7. This is comparing apples to oranges since there are different licenses involved. The sticker on the side of a computer is an OEM sticker licensed to manufacturers like Dell, HP, Lenovo etc, and it allows them to install that OS on their machines only.

When you purchase a stand alone, retail copy of say, Windows 7, you're purchasing a different type of license which allows you to install it on whatever machine you want but you're generally only permitted to install it on a single machine. You are usually allowed, if that machine dies, to install it on a new machine. It's the same thing with most software like Office or any Adobe product. When you purchase Office, you're only purchasing a single license to install it on one machine.

So while you own the physical hardware, when it comes to software, you are simply purchasing permission to install it on a machine.

Then you get into volume/corporate licensing which is a whole different beast altogether.

I get what your saying for the most part. I do understand the difference between the two.

Originally Posted by mikeinreco

Yeah a guy I have bought scrap computers off of in the past asked me if I was selling the stickers.....I told him I thought it was illegal but he said it was ok......Anyways sorry for all the fuss you asked a legitimate question and I was wondering the same but just didn't have time to fool with it

Its cool. I am not real worried over it. I have searched for the last hour or so, and the only sources that say it is illegal is people's opinions. People even quoted things from Microsoft themselves, and Microsoft only said that you should becareful on who you buy them from, as most people do sell them in an illegal way.

So, who knows.