Windows 10 Activation requirement

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  1. Posts : 125
    Windows 10
       #1

    Windows 10 Activation requirement


    I found a lot about this online but here is a legal interpretation only: Is it legal that I use Windows 10 without activating it? - Law Stack Exchange although it does not specify the number of days without activation.

    This is something Microsoft should change, like having a fixed trial period for Windows 10 of 90-180 days or so, because it would be much clearer for all of us.

    Some PM's are not working...
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  2. bro67's Avatar
    Posts : 8,169
    Mac OS Catalina
       #2

    Yes, you can legally use Windows 10 without activating it. It was MS way of stopping pirating of its software. You cannot make any theme changes, but everything else works. A lot of people using VM’s go this route.
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  3. NavyLCDR's Avatar
    Posts : 13,206
    Windows 10 Pro
       #3

    bro67 said:
    Yes, you can legally use Windows 10 without activating it. It was MS way of stopping pirating of its software. You cannot make any theme changes, but everything else works. A lot of people using VM’s go this route.
    It violates the End User License Agreement (EULA) paragraph 5 to use Windows 10 without activating it for any length of time.
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  4. NavyLCDR's Avatar
    Posts : 13,206
    Windows 10 Pro
       #4

    meridius said:
    I found a lot about this online but here is a legal interpretation only: Is it legal that I use Windows 10 without activating it? - Law Stack Exchange although it does not specify the number of days without activation.

    This is something Microsoft should change, like having a fixed trial period for Windows 10 of 90-180 days or so, because it would be much clearer for all of us.

    Some PM's are not working...
    You have been shown the EULA. Microsoft can't get much clearer than paragraph 5 of the EULA. It violates the EULA to use Windows 10 for any length of time without activating it.

    "5. Authorized Software and Activation. You are authorized to use this software only if you are properly licensed and the software has been properly activated with a genuine product key or by other authorized method. "

    How much clearer could Microsoft make it? You click on the "I Agree" button when you install Windows.
    Last edited by NavyLCDR; 21 May 2019 at 18:31.
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  5. bro67's Avatar
    Posts : 8,169
    Mac OS Catalina
       #5

    https://www.howtogeek.com/244678/you...se-windows-10/

    Rule #5 does not apply to the Enduser, unless they are using the OS in a business environment or with Azure.
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  6. NavyLCDR's Avatar
    Posts : 13,206
    Windows 10 Pro
       #6

    bro67 said:
    https://www.howtogeek.com/244678/you...se-windows-10/

    Rule #5 does not apply to the Enduser, unless they are using the OS in a business environment or with Azure.
    So then none of the End User License Agreement applies to End Users? Then why does Microsoft call it the End User License Agreement? This is what the EULA states, in regards to whom it applies to. Let's assume that Joe downloads Windows 10 for his own personal use on his own personal computer:

    "Depending on how you obtained the Windows software, this is a license agreement between (i) you and the device manufacturer or software installer that distributes the software with your device; or (ii) you and Microsoft Corporation (or, based on where you live or, if a business, where your principal place of business is located, one of its affiliates) if you acquired the software from a retailer. Microsoft is the device manufacturer for devices produced by Microsoft or one of its affiliates, and Microsoft is the retailer if you acquired the software directly from Microsoft."

    Joe is you. Joe is the end user. Joe is the person that clicks on the button to accept the agreement when he installs Windows 10. Since Joe obtained the software by downloading (acquiring) the software directly from Microsoft, Microsoft is the retailer Joe obtained the software from.

    "By accepting this agreement or using the software, you agree to all of these terms, and consent to the transmission of certain information during activation and during your use of the software as per the privacy statement described in Section 3. If you do not accept and comply with these terms, you may not use the software or its features."

    This part is entirely in bold in the EULA. I've only bolded portions of the quote. If you (Joe) do not comply with ALL of the terms, not just some, but ALL of terms, you (Joe) may not use the software. Then the numbered paragraphs start. There is NOTHING between the numbered paragraphs and the above statement other than a couple of sentences that talk about returning the software if you (Joe) do not agree to the EULA. Therefore each numbered paragraph falls completely, wholly, and separately under the restrictions of the above statements.

    "5. Authorized Software and Activation. You are authorized to use this software only if you are properly licensed and the software has been properly activated with a genuine product key or by other authorized method. <snip> You may not bypass or circumvent activation."

    Now explain to us, @bro67, exactly how paragraph 5 does not apply to you (Joe), who is the end user who acquired the software directly from Microsoft , which is deemed to be the retailer because you (Joe) acquired the software directly from Microsoft by downloading it from Microsoft's website? Where is this exception that paragraph 5 of the "End User License Agreement" does not apply to the end user, unless they are using the OS in a business environment? Show us in the article you linked to where they make such a claim? There is no such language at all written into the EULA nor even the article that you linked to.
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  7. Posts : 125
    Windows 10
    Thread Starter
       #7

    Looking at this practically, but not legally...

    If I now install Windows 7 on my pc without a license key it will give me a 30 days trial but if I install Windows 10 without a license key I will just have an 'Activate Windows Go to Settings to activate Windows' message on the lower right of the main user interface.

    Why does Microsoft introduce this loophole with Windows 10? Do they want people using Windows rather than Mac or Linux even if this comes at a cost as another reason rather than just downloading it directly from them? One would have to ask Microsoft. Microsoft could also close down this loophole at any time through the next build of Windows 10 or through Windows Update.

    I can try Office 365 for free for a month and I don't need to look at a license agreement as it is quite clear as to what I can and can do on this webpage.
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  8. bro67's Avatar
    Posts : 8,169
    Mac OS Catalina
       #8

    It wa because Microsoft wanted to stop pirating of their software. They did the same thing with Office, but added multiple limitations after the try before buying.

    Linux is the largest in the Server market OS sector, Mac OS is largest with students and those who want a tried and true OS instead of Windows. I use my iPad Pro more than my Macbook Air. A lot faster and quicker to go online and travel with. I still use my Macbook for certain things and have a Windows desktop that rarely gets used. The only thing that the Windows desktop is used for is scanning of documents, postage, along with collecting dust otherwise.
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  9. Posts : 125
    Windows 10
    Thread Starter
       #9

    Yes that is probably true. Pirated software does Microsoft no favours at all and users moving to Mac or Linux or spending all day on their Samsung Galaxy phones and ipads rather than using Microsoft software even less so.
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  10. NavyLCDR's Avatar
    Posts : 13,206
    Windows 10 Pro
       #10

    meridius said:
    Why does Microsoft introduce this loophole with Windows 10?
    It's because you attract more flies with honey. Two scenarios:

    1. Install Windows 10 without activation. Install your programs. Maybe start playing a game. 30 days later your computer hardware ID gets blocked and you can never run Windows 10 on it again without paying for it (or using an illegal activation scheme). You just get cut off.

    or

    2. Install Windows 10. Install your programs. Maybe start playing a game. You get this annoying pop-up window everyday asking you to activate Windows. You try to change your desktop photo and discover you can't. You discover this option and that option you can't change without activation. But you can continue to use the OS.

    Which scenario has more of a chance of enticing the user to pay for the OS? Scenario 1 or scenario 2? Scenario 1 is more likely to just make the user angry and move to something else. Scenario 2 is more likely to just annoy the user into paying for it to be done with the annoyances.

    However, contrary to @bro67's ridiculous assertion that the End User License Agreement does not apply to end users, just because Microsoft has chosen scenario 2 does not make it any less of a violation of the EULA to use Windows 10 without activation for any length of time.
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