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There are resellers that are selling Windows keys for single digit dollar values. European Court of Justice has declared that it is legal and Microsoft has to

by yreg 3y ago

There are resellers that are selling Windows keys for single digit dollar values. European Court of Justice has declared that it is legal and Microsoft has to accept it. edit: removed "obtained in bulk"

kuratkull 3y ago
Source please? I only found some Oracle court case from 2012 (https://www.pcworld.com/article/465777/eu_court_rules_resale_of_used_software_licenses_is_legal_even_online.html https://www.pcworld.com/article/465777/eu_court_rules_resale...) AFAIK this case is about reselling with the same license, but reselling bulk licenses to end users seems to be something different. Hoping I am wrong.
- layer8 3y ago
  The EUCJ actually makes it clear that unbundling volume licenses on resale is not permissible, see paragraphs 69 and 86 of the judgment: https://curia.europa.eu/juris/document/document.jsf?docid=124564&mode=req&pageIndex=1&dir=&occ=first&part=1&text=&doclang=EN&cid=371215 https://curia.europa.eu/juris/document/document.jsf?docid=12...
  - yreg 3y ago
    I believe it's this one, I'm not a lawyer. https://curia.europa.eu/jcms/upload/docs/application/pdf/2012-07/cp120094en.pdf https://curia.europa.eu/jcms/upload/docs/application/pdf/201... Perhaps they were not bought in bulk then, I don't know. https://www.theguardian.com/technology/gamesblog/2012/jul/05/eu-used-digital-games-market https://www.theguardian.com/technology/gamesblog/2012/jul/05... Here's a Deloitte talk recommending businesses to buy used licenses: https://www2.deloitte.com/content/dam/Deloitte/pl/Documents/Prezentacje-webinary/pl_Deloitte%20webinar_26%20April_How%20to%20buy%20and%20sell%20pre-owned%20Microsoft%20volume%20licenses.pdf https://www2.deloitte.com/content/dam/Deloitte/pl/Documents/...
    - layer8 3y ago
      Yes, that’s the press release for the judgment I linked. The press release doesn’t address the volume licensing question, which the judgment itself however makes clear in the paragraphs I referenced. The Deloitte slides agree: “Licenses that were originally sold in a bundle cannot be sold separately.”
      - yreg 3y ago
        Okay, I don't claim those are bundled licenses. I just guessed so.

by yreg 3y ago

kuratkull 3y ago

Source please? I only found some Oracle court case from 2012 (https://www.pcworld.com/article/465777/eu_court_rules_resale_of_used_software_licenses_is_legal_even_online.html https://www.pcworld.com/article/465777/eu_court_rules_resale...) AFAIK this case is about reselling with the same license, but reselling bulk licenses to end users seems to be something different. Hoping I am wrong.

layer8 3y ago
The EUCJ actually makes it clear that unbundling volume licenses on resale is not permissible, see paragraphs 69 and 86 of the judgment: https://curia.europa.eu/juris/document/document.jsf?docid=124564&mode=req&pageIndex=1&dir=&occ=first&part=1&text=&doclang=EN&cid=371215 https://curia.europa.eu/juris/document/document.jsf?docid=12...
- yreg 3y ago
  I believe it's this one, I'm not a lawyer. https://curia.europa.eu/jcms/upload/docs/application/pdf/2012-07/cp120094en.pdf https://curia.europa.eu/jcms/upload/docs/application/pdf/201... Perhaps they were not bought in bulk then, I don't know. https://www.theguardian.com/technology/gamesblog/2012/jul/05/eu-used-digital-games-market https://www.theguardian.com/technology/gamesblog/2012/jul/05... Here's a Deloitte talk recommending businesses to buy used licenses: https://www2.deloitte.com/content/dam/Deloitte/pl/Documents/Prezentacje-webinary/pl_Deloitte%20webinar_26%20April_How%20to%20buy%20and%20sell%20pre-owned%20Microsoft%20volume%20licenses.pdf https://www2.deloitte.com/content/dam/Deloitte/pl/Documents/...
  - layer8 3y ago
    Yes, that’s the press release for the judgment I linked. The press release doesn’t address the volume licensing question, which the judgment itself however makes clear in the paragraphs I referenced. The Deloitte slides agree: “Licenses that were originally sold in a bundle cannot be sold separately.”
    - yreg 3y ago
      Okay, I don't claim those are bundled licenses. I just guessed so.