Comment by syshum | Hacker News Reader

Comment by syshum | Hacker News Reader

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> (b) buy a new license, for $20

There is no way for a consumer, buy a new license for $20. Their is program for Register Referbishers that allows a MRR to get a replacement COA, Create Restore Media, etc for $25. (note this is NOT a new license, in order to quality for this the PC has to have a OEM License) and requires a 14 page contract with MS that has all kinds of conditions and requirements on the person

https://www.msregrefurb.com/RRPSite/Templates/RR_ProgramAgre...

>Assuming that's correct,

I believe this to be a false assumption on your part. The License does not magically disappear if the Restore CD was lost, especially given the fact that I am not aware of any system on the market today that actually comes with a physical Restore CD anymore

> There is no way for a consumer, buy a new license for $20. That is program for Register Referbishers, and requires a 14 page contract with MS that has all kinds of conditions and requirements on the person

I think Microsoft is alleging that his CDs are designed for refurbishers who think they're getting the authentic OEM disk.

> I believe this to be a false assumption on your part. The License does not magically disappear if the Restore CD was lost, especially given the fact that I am not aware of any system on the market today that actually comes with a physical Restore CD anymore

I don't know the law well enough to comment, but Microsoft thinks it does:

> A new Windows license is not required for a refurbished PC that has:

> 1. The original Certificate of Authenticity (COA) for a Windows operating system affixed to the PC, and

> 2. The original recovery media or hard-disk based recovery image associated with the PC.

[...]

> A new Windows license is required for a refurbished PC if:

> 1. The refurbisher did not obtain the original recovery media along with the system to be refurbished or

> 2. The PC does not have a hard-disk based recovery image

https://www.msregrefurb.com/RRPSite/Information/LicensingGui...

So is Microsoft misinterpreting its own contracts? Is this in the contract with Microsoft refurbishers, but not Windows licensees in general? Is the contract unenforceable? Something else? This is the point where I need a lawyer...

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