I just recieved my hp 7 upgrade. However, its only home premium and 32bit so ive already purchased 64bit ult.

Am i allowed to sell this on ebay?

I am guessing its retail upgrade then nothing would stop you, if its oem then the licensing police would break down your door tie you up and set a candle under you nuts

You can sell it but you have to sell the HP computer with it.

You can sell it but you have to sell the HP computer with it.

why?

It is an upgrade to an OEM licence, which is tied to your PC.

As temble said OEM license is tied to a particular machine in its built form, technically if change 1 component in the machine other than a manufacturer repair you have voided your OEM license. That means if you change the motherboard/CPU/RAM/GPU you no longer have a licensed computer. I've never seen this enforced but thats the terms of OEM licensing.

Mass, I believe they have a score system, once you change enough bits then you need to re-activate on the phone and it could be denied. Some parts are weighted higher then others.

If you change CPU, GPU or Mobo then they consider that its no longer the same machine. I swapped my main rig to an SSD the other day it bloody wanted to reactiviate so I suspect they have tighted the license requirement.

. I swapped my main rig to an SSD the other day it bloody wanted to reactiviate so I suspect they have tighted the license requirement.

f*** im so glad i dont bother with activation.

If you change CPU, GPU or Mobo then they consider that its no longer the same machine. I swapped my main rig to an SSD the other day it bloody wanted to reactiviate so I suspect they have tighted the license requirement.

Ahh OK, they must've changed it since I went to an OEM thingo with MS.

If you change CPU, GPU or Mobo then they consider that its no longer the same machine. I swapped my main rig to an SSD the other day it bloody wanted to reactiviate so I suspect they have tighted the license requirement.

....and everyone said I was wrong when I said OEM stuff is a pain in the arse.

My xp wanted reactivating after I upgraded the firmware on my burner.

Hi I have teenagers, who installed Windows7 on my OS. I asked them if there was an 'activation key'...2 days later, they have one and entered it. I noticed this was an 'Evaulation Copy'... is my OS going to shut down in 28 days? typical teenagers, do the upgrade then tell me about it...I work for a PC company, asked the guys there and they said as long as I have A.K. it will be ok...just checking, is this True?
PC Mum...not entirely clueless..pls help?

windows 7 , another useless piece of crap from microsoft , im sticking to xp lol

someone help Val, I can tell she is just coming back and watching this post..

Val - the evaluation copy is likely to be the Windows 7 RC. This will work fine until about March (?) next year when it will start shutting down every 2 hours, and mid-2010 your computer will cease to function without a purchased license.

You still need to buy a license though, or (bad idea probably) get the teenagers to ... acquire ... licensing from the interwebs.

and by that I assume you mean, use their probable status as students to get an educationally priced license online? Because who would be crazy enough to suggest acquiring a copy through any other means than legitimate, especially when you can get a win7 upgrade license for like $50 educationally priced

I downloaded the RC version but haven't yet installed it - can I install it and than go to itsnotcheating pay the money to get the educational version (I'm eligable staff) and use that key on the RC version? To end up with a fully functioing version?

last edited by mission at 11:53:50 02/Dec/09

and by that I assume you mean, use their probable status as students to get an educationally priced license online? Because who would be crazy enough to suggest acquiring a copy through any other means than legitimate, especially when you can get a win7 upgrade license for like $50 educationally priced

I said it was a bad idea trog! Just making the poster aware of the options especially given that the teenagers will probably try to hoodwink her into "free" windows.

For the record I don't think that non-legit options are a good idea, at all. Its more hassle to dodge the man than its worth.

There is a basic philosophy in trade, if you bought it, you can sell it, and nobody can tell you otherwise.
Say you buy the computer and the OEM software - somebody steals your computer, or it breaks. You're not allow to sell the software? Get f***ed. I wouldn't tolerate that s***. You bought it, it's yours, do with it as you please. Anyone that tries to tell you different, whether it's the manufacturer, the retailer, ebay, the government, etc.. - they're all full of s***.
There are a lot of policies and licenses and stuff that companies and stores have - that are not supported by the law. It's just like how you can make a contract with someone, and contracts are upheld by the law - but contracts can still contain illegal agreements that cannot be enforced.
No matter what you have agreed to by buying OEM software - your rights are still your rights.

Thats what I reckon too thermite, there is nothing illegal with selling OEM software, its against the EULA, but not against the law.

Technically if you sell it and MS found out the worst they could do is make the key no longer valid and stop it from activating online.

In reality the would never bother with a individual person selling one copy, and only if you tried to activate it if it had already been activated and then rang up MS and admitted that it was a transfered OEM. If you are sellling an unnused copy then it wont be activated, so you wont have a problem.

The only people MS actualy go after is people selling OEM's directly as a business without the correct hardware, and even then they would just warn them to stop doing it and if they continued probably try to sue them.

Actually, it is against the law, copyright.

You don't actually purchase the software when you buy MS software, you purchase a license with certain terms and conditions on that license. If you break those, then you are selling software that you don't have any right too. the T&C's of OEM software is that it's tied to the PC you bought it with.

Actually, it is against the law, copyright.

You don't actually purchase the software when you buy MS software, you purchase a license with certain terms and conditions on that license. If you break those, then you are selling software that you don't have any right too. the T&C's of OEM software is that it's tied to the PC you bought it with.

IANAL but I don't think that EULAs have been tested in Australian courts, particularly not this pairing of software to a particular device. For example, such an arrangement may be incompatible with elements of our consumer law.

I'm sure one of our lawyers can provide more info, but our law system is based on precedent (common law). Unless you can cite legislation or a judgement that specifically pertains to this scenario I'd imagine its legality is still grey?

Edit: For example, this zdnet article argues that MS EULAs are not enforceable in AU.

last edited by Hogfather at 14:02:42 02/Dec/09

This EULA stuff wouldn't fly with something like a car. Get a cheaper car, but not be allowed to sell it. Pfft.
PS I'm not a lawyer, I'm just stubborn about how the law should be, based on the 'golden rule' type thinking I learnt in legal studies.
If someone was to start a store where they just sell OEM software against the 'rules' that would obviously be someone exploiting the situation.
Kind of like reselling event tickets is ok if you're not making more than x% profit.

last edited by thermite at 14:34:30 02/Dec/09

sure you can