3 ms·

> for personal use you can buy OEM keys off eBay or AliExpress for a few bucks. Is it legal? If it's not, isn't it easier to just use crack? E.g. pirate KMS se

> for personal use you can buy OEM keys off eBay or AliExpress for a few bucks. Is it legal? If it's not, isn't it easier to just use crack? E.g. pirate KMS server.

jacooper 4y ago
Gray market
GuB-42 4y ago
It is not legal, but the advantage is that you don't have to deal with shady software like that pirate KMS server. Even though it is a breach of contract because it is not how these licences are supposed to be used, it is still recognized as genuine by Microsoft, so you get all the updates, etc... You may get your license revoked it the seller get caught and as a result, you may need to get a new one. As an individual, you are extremely unlikely to get into more trouble (same thing as with cracked software), but I wouldn't use these licenses as a business.
- messe 4y ago
  I was under the impression that reselling keys can be legal in the EU (at least in some circumstances)?
  - nix23 4y ago
    [dead]
- richthegeek 4y ago
  If the breach of contract is by the seller, then how does that result in illegality on the part of the buyer?
  - GuB-42 4y ago
    I don't think it is illegal on the part of the buyer, who would be a victim in this situation. But just like buying counterfeit goods, it is not clear to me, I mean if you buy your key from AliExpress, isn't it like importing counterfeits from China? That's something one should ask a lawyer. Anyways, these keys can be revoked any moment (and it has happened to me, with an Office key). If I had a business, I would avoid them for that reason alone.
  - otikik 4y ago
    Well now that you have read this forum thread and responded to it that’s proof that you knew that was a possibility at least. You can’t claim “lack of knowledge” if you do it and Microsoft comes for you. But I am not a lawyer, perhaps on this case that doesn’t matter.
- vetinari 4y ago
  It is legal, there's ECJ ruling that software can be resold. It cannot be a breach of contract, if that contract article preventing it would be unlawful. Microsoft of course knows it, they are silent about the issue, preferring fear and doubt, just like you demonstrated.
  - GuB-42 4y ago
    These cheap keys are usually from MSDN subscribers. MSDN subscribers can generate an unlimited number of keys at no cost, but they are for use by the subscriber only. Selling these keys is an abuse of the program. There is no resale here and you don't really get a license, you get a key.
    - vetinari 4y ago
      The "respectable" resellers do keep paperwork where given license comes from. Just because it is legal to sell them, doesn't mean you cannot be audited what exactly are you selling (once you attract the attention of powerful people). So while some might come from MSDN subscribers, they often come from unused enterprise ones. The MSDN sellers are creating a big risk to themselves.
      - GuB-42 4y ago
        Now, real question, how do you distinguish between "respectable" resellers and MSDN sellers?
        vetinari 4y ago
        Normal people? Hardly. I would look whether they are located in EU (due to the ECJ ruling) and whether they also sell something other than what is available over MSDN.
  - dagw 4y ago
    The ECJ ruling only applies to Full Perpetual licenses of software. If these licenses came with other restrictions (could only be sold bundled with hardware, as part of a subscription, limited to use in academic settings only etc.) then they cannot simply be resold without those restrictions. A lot of people in fact point to this ruling as a reason why more and more companies switched from perpetual licenses to subscription licenses. Without a full licenses there is nothing to resell and this ECJ ruling doesn't apply

> for personal use you can buy OEM keys off eBay or AliExpress for a few bucks. Is it legal? If it's not, isn't it easier to just use crack? E.g. pirate KMS server.

jacooper 4y ago

Gray market

GuB-42 4y ago

It is not legal, but the advantage is that you don't have to deal with shady software like that pirate KMS server. Even though it is a breach of contract because it is not how these licences are supposed to be used, it is still recognized as genuine by Microsoft, so you get all the updates, etc... You may get your license revoked it the seller get caught and as a result, you may need to get a new one. As an individual, you are extremely unlikely to get into more trouble (same thing as with cracked software), but I wouldn't use these licenses as a business.

messe 4y ago
I was under the impression that reselling keys can be legal in the EU (at least in some circumstances)?
- nix23 4y ago
  [dead]
richthegeek 4y ago
If the breach of contract is by the seller, then how does that result in illegality on the part of the buyer?
- GuB-42 4y ago
  I don't think it is illegal on the part of the buyer, who would be a victim in this situation. But just like buying counterfeit goods, it is not clear to me, I mean if you buy your key from AliExpress, isn't it like importing counterfeits from China? That's something one should ask a lawyer. Anyways, these keys can be revoked any moment (and it has happened to me, with an Office key). If I had a business, I would avoid them for that reason alone.
- otikik 4y ago
  Well now that you have read this forum thread and responded to it that’s proof that you knew that was a possibility at least. You can’t claim “lack of knowledge” if you do it and Microsoft comes for you. But I am not a lawyer, perhaps on this case that doesn’t matter.
vetinari 4y ago
It is legal, there's ECJ ruling that software can be resold. It cannot be a breach of contract, if that contract article preventing it would be unlawful. Microsoft of course knows it, they are silent about the issue, preferring fear and doubt, just like you demonstrated.
- GuB-42 4y ago
  These cheap keys are usually from MSDN subscribers. MSDN subscribers can generate an unlimited number of keys at no cost, but they are for use by the subscriber only. Selling these keys is an abuse of the program. There is no resale here and you don't really get a license, you get a key.
  - vetinari 4y ago
    The "respectable" resellers do keep paperwork where given license comes from. Just because it is legal to sell them, doesn't mean you cannot be audited what exactly are you selling (once you attract the attention of powerful people). So while some might come from MSDN subscribers, they often come from unused enterprise ones. The MSDN sellers are creating a big risk to themselves.
    - GuB-42 4y ago
      Now, real question, how do you distinguish between "respectable" resellers and MSDN sellers?
      - vetinari 4y ago
        Normal people? Hardly. I would look whether they are located in EU (due to the ECJ ruling) and whether they also sell something other than what is available over MSDN.
- dagw 4y ago
  The ECJ ruling only applies to Full Perpetual licenses of software. If these licenses came with other restrictions (could only be sold bundled with hardware, as part of a subscription, limited to use in academic settings only etc.) then they cannot simply be resold without those restrictions. A lot of people in fact point to this ruling as a reason why more and more companies switched from perpetual licenses to subscription licenses. Without a full licenses there is nothing to resell and this ECJ ruling doesn't apply