oalcock Posted February 6, 2015 Posted February 6, 2015 Hello, During my absence from one of my work places, they have had a third party visit to say that the computers are counterfeit. I purchased software and licences for them from a company called AClassSoftware, a legitimate software company. They sell Windows 7 licences, sometimes with vendors on the licences such as Dell. I have used these licences on HP and unbranded PCs. The software has a licence sticker; because they say Dell on them - is this counterfeit? Oliver.
synaesthesia Posted February 6, 2015 Posted February 6, 2015 Yes, those licenses are for OEM machines only. It is 100% illegal to be using them on anything else.
oalcock Posted February 6, 2015 Author Posted February 6, 2015 Microsoft Windows 7 Professional Pro 10 SP1 64 Bit 8 Full Version & Coa Key | eBay This is where they were purchased from.
synaesthesia Posted February 6, 2015 Posted February 6, 2015 I would suggest reporting the seller and filing a claimback. They're not counterfeit by the looks but just not legally able to be installed on other OEM machines. There is a *very* good reason that you should only ever buy licenses from reputable providers. Costs do not differ that much unless there is a reason for them to; i.e. they're shady.
dwhyte85 Posted February 6, 2015 Posted February 6, 2015 (edited) It's not that they're counterfeit - they could be genuine, but it's not legal. System builders (e.g, Dell) are only supposed to use these against machines they build. Edited February 6, 2015 by dwhyte85
X-13 Posted February 6, 2015 Posted February 6, 2015 Microsoft Windows 7 Professional Pro 10 SP1 64 Bit 8 Full Version & Coa Key | eBay This is where they were purchased from. Why are you buying windows licences from an Ebay store? Get a proper supplier. Also, it says it right there on the page. Licence category: OEM 1
Boredguy Posted February 6, 2015 Posted February 6, 2015 Errm, the picture says it all..... it's only for use on the DELLs they were shipped with. I would agree with the dodgy nature of it, but then again I would not look to e-Bay for our MS licences (unless it's just a link to show the product from AClass Software) It's not counterfeit, just not correct for your workstations.
localzuk Posted February 6, 2015 Posted February 6, 2015 The EU ruled on transfer of OEM licenses a while back, determining that Microsoft can't stop you from doing so via its EULA. However, the license must've been legally placed in the first place (ie. attached to a machine which you've then removed the license from for whatever reason). Bare COAs being resold weren't included in the judgement I don't think, as they haven't been assigned to a machine for transfer. So, what you have is a legal grey area.
LeMarchand Posted February 6, 2015 Posted February 6, 2015 I'd echo the above sentiments: a company that only seems to exist on eBay and Facebook is probably not one you want to be entrusting your licensing to! All my schools use EES (which may be out of your budget!) so I can't recommend a "single license" type supplier. We have bought odds from Viglen occasionally. Whilst this "third party" is probably correct and you do need to sort out the licensing, I'd be curious as to who they are and who let them in. If it was MS or the LEA doing some sort of check, fair enough. If it was someone touting for business, I'd be concerned that a) they may be overstating the case to flog licenses and b) that someone let them in in the first place. I probably wouldn't be that keen on letting them fix the problem!
FN-GM Posted February 6, 2015 Posted February 6, 2015 All my schools use EES It is important to know that this isn't enough to licence Windows. You will also need a OEM licence sticker on the machine or a retail licence as well. Volume licencing is always an upgrade from these licences.
oalcock Posted February 6, 2015 Author Posted February 6, 2015 The EU ruled on transfer of OEM licenses a while back, determining that Microsoft can't stop you from doing so via its EULA. However, the license must've been legally placed in the first place (ie. attached to a machine which you've then removed the license from for whatever reason). Bare COAs being resold weren't included in the judgement I don't think, as they haven't been assigned to a machine for transfer. So, what you have is a legal grey area. This A Class Software company has been going for years. Brilliant customer support, A Class Software, 32c Westfield Business Centre, Westfield Trading Estate, Midsomer, Norton, Somerset. BA3 4BH
synaesthesia Posted February 6, 2015 Posted February 6, 2015 May well be, but it's time you stopped using them and went elsewhere. I've reported them on Ebay already, the grey area may be enough for them to survive it but time will tell on that. As said, you MUST use someone reputable. Maybe they are ok for installing Windows on your grandpa's laptop but NEVER in a business or education environment.
localzuk Posted February 6, 2015 Posted February 6, 2015 Thing is, so long as the company acquired the COAs legally, they wouldn't be doing anything illegal selling them on. The issue is yours as the end user - you have to comply with the terms of the license, and the law. So, the company could've been doing it for years without any potential repercussions. So, I'd say - you're probably not licensed. For a proper judgement though, you'd ideally need to talk to a lawyer specialising in software licensing - they'll be up to date with EU laws and European court decisions.
sparkeh Posted February 6, 2015 Posted February 6, 2015 (edited) This A Class Software company has been going for years. Brilliant customer support, A Class Software, 32c Westfield Business Centre, Westfield Trading Estate, Midsomer, Norton, Somerset. BA3 4BH I think you need to ascertain how they acquired the licences that you bought. As I understand it, if they bought up used OEM licences and sold them on to you then you are ok under the EU ruling as posted by @localzuk, if they are selling on unused OEM licences then that's not legal edit: its legal for them to sell them, its legal for you to buy them, its not legal for you to use them to licence a machine. (I am not a lawyer - seek proper advice) Edited February 6, 2015 by sparkeh Clarity
LeMarchand Posted February 6, 2015 Posted February 6, 2015 I think you need to ascertain how they acquired the licences that you bought. Having found their site, I wish I hadn't chucked out loads of Dell disks a few months ago - I probably could have made a few bob flogging them! Still selling XP raises a red flag, too.
hardtailstar Posted February 6, 2015 Posted February 6, 2015 I would never buy from ebay for my schools, always through trusted suppliers direct.
PotNoodleTech Posted February 6, 2015 Posted February 6, 2015 AClassSoftware, a legitimate software company. So legitimate they can only sell on Ebay?? So I take it you have re-sold these licences on to other establishments?
oalcock Posted February 6, 2015 Author Posted February 6, 2015 I have been in touch with them, here is their response. Hello, As the licences are from decommissioned computers they are allowed to be resold and the licence terms are exhausted, meaning that the original terms of the licence are no longer valid. So these can be resold and re-activated on another computer. We do have unbranded licences available so if you require we can supply the unbranded OEM ones. People are not clear on the laws regarding this as it was ruled in the European court but Microsoft terms for new licences are different so it gets confusing. They can definitely be used on any brand computer and you will be fully activated and receive full updates. If there were any legal issues we would not be able to resell these licences, Microsoft monitor sellers very closely and if we were breaching any policies they would shut us down. Please let us know if you have any further questions. Thanks again.
synaesthesia Posted February 6, 2015 Posted February 6, 2015 I think your best course of action is to keep that on file, and make sure you only purchase from reputable places in future, so after time you'll have replaced anyway and you'll have something on file if you get audited. Grey area or not, eBay is not somewhere to get licenses and many of these sellers are unscrupulous. As said, I've reported the seller to eBay, and it would probably be worth you getting in contact with MS directly to get some clarification for yourself so you know where you stand.
dwhyte85 Posted February 6, 2015 Posted February 6, 2015 Based on what @localzuk said, that might be true. BUT, would assume re-use and not re-sale? Anyway, like others have said, keep it on file and maybe look towards changing provider when you can.
localzuk Posted February 6, 2015 Posted February 6, 2015 If they have legitimately come from old machines (ie. not just "never been used" OEM licenses), then they are fine - as the EU has ruled clearly on the matter, and Microsoft have never contested it.
sparkeh Posted February 6, 2015 Posted February 6, 2015 I think your best course of action is to keep that on file, and make sure you only purchase from reputable places in future, so after time you'll have replaced anyway and you'll have something on file if you get audited. Grey area or not, eBay is not somewhere to get licenses and many of these sellers are unscrupulous. As said, I've reported the seller to eBay, and it would probably be worth you getting in contact with MS directly to get some clarification for yourself so you know where you stand. Based on what @localzuk said, that might be true. BUT, would assume re-use and not re-sale? Anyway, like others have said, keep it on file and maybe look towards changing provider when you can. If the response from the company is true (ie they are used OEM licences) then there's no problem. This is not a grey area but a very clear ruling from the EU Court of Justice
hardtailstar Posted February 6, 2015 Posted February 6, 2015 If machines can be decommissioned and the liceanses sold on. Thats an idea for money making in school of the ones you have left of single license stickers on machines! A lot of hassle but money at the end of the day.
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