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#21
Nothing I don't already know.
And even with a clean install, first time, never had to use an MS account ... that's the whole point in not having the internet connected while you're installing, Microsoft doesn't even have to - or want to - know about it. Then when connected, key in.
Also known of instances where previous Win 7 machines have auto activated on a clean Win 10 install.
Thank you, X-forumers, and ... sorry for I must have placed my query with the wrong forum or on the wrong day (or, rather, both). As I originally stated, I am interested more in legalese of all this. There is no use to re-cite basic user activation/licensing procedure related stuff from Microsoft web pages as I have perused these extensively.
No need nor intention to get anyone confused. No games.
All I have wanted to know is what is being sold under ESD channel and why Microsoft/Software developers in general do it this way.
Just state simple legal facts, opinions / statements (or links thereto) that would appear to negate the following:
1. A key (or the key from Microsoft) is just a part of the mechanism of software protection from unauthorized use, among other.
2. No key, whoever is the provider, guarantees proper licensing (see the Microsoft statement I quote above)
3. The license (the end user right to use the software under the certain terms) is granted for free.
If you ever happened to come across any legal opinion that states otherwise then above, i.e., the key, in its rightful legal substance, is the license, (or statement to that effect on any Software developer website) please post a link.
Otherwise, let me know where I can find the proper reasoning.
Maybe you should redirect your query to a more suitable group. I'm sure there a many legal forums that would be pleased to discuss your theories.
Or alternately why not contact microsoft themselves, I'm sure their legal department could explain the facts to you.
TenForums has no links to Microsoft but are a completely independent company
I'm no "legal eagle" but as far as licensing and a legality of windows can be discussed outside of laws in country it's sold. In my country, for commercial use, Windows are deemed to be legal only with a proof of purchase from MS or legal retailer and taxes are payed on it. Only other option is when a computer or a device with Windows installed from factory or authorized dealer, then a bill of sale or invoice for that machine states that windows were so preinstalled. Although such policy is probably influenced by Microsoft that has regional office and development center in the country, MS has no say in that and has to obey any such laws to continue to be protected that way. Other MS products like MS Office as well as Apple products are protected that way.
Private use of windows is not regulated in any way except that there's a law proposed lately in parliament that MS has to allow free transfer of OEM license to new hardware, just like it's regulated in several EU countries.
As for the Subject line itself I haven't seen any mention of money in the EULA file of programs most likely because of marketing but also including other countries where the license is sold, would be quite impossible to keep up with those marketing/pricing fluctuations and the various laws around the world that dictate situations.
I think it is simple and straightforward.
It's like buying a house. You need to pay for it to be "licensed" to live in it. But without a key, how can you get inside the house? The Key comes with the License. The license is what we pay for and not "granted for free". The key is free. You can probably pick up any key and use it, but there is a question of legality. You have to get your own key.