In addition to licenses, there is also the question of whether the keys that can be purchased are legally exchanged. The keys, which are very cheap on the market, are almost exclusively OEM keys. Due to a 2000 German Federal Court ruling, trading in these keys is legal – even if Microsoft cringes. In fact, the company had banned trading very cheap licenses without hardware in the license agreement. However, the Court held that, according to the principle of exhaustion, the manufacturer could not influence the trade. Unofficially, OEMs in exchange for cheap Windows 10 licenses, but of course still voluntarily adhere to Microsoft`s rules. However, licensing is fundamentally legal, so OEM software is not illegally obtained licenses. This mechanism is now also used by key resellers. In most cases, they do not sell a license, but only the key. Some openly admit this and write in small print that the buyer must already be in possession of a license.
Others do not point it out, but avoid the word “license” in their descriptions and texts. This is where a certain grey area begins. With the keys, buyers can activate their Windows 10 installation, but do not hold a license from Microsoft in their hands. The dealers themselves should issue them on request and also prove that the operating system is not installed on any other computer. However, they often can`t do this because a key is sold multiple times to different customers. Activation still works for the end customer – but it`s not legal. Note: In Germany, the acquisition, distribution without connection to the equipment as well as the use of OEM versions are completely legal (I ZR 244/97 of 06.07.2000). The OEM and retail versions are identical, the only difference is the type of packaging.
A prerequisite for a legal sale, such as a Windows 10 key, is that the merchant provides certified proof showing where the Windows key came from. Most importantly, the product key must have been properly deactivated prior to sale. Windows 10 keys are like sand on the sea. Prices vary enormously. Licenses for 15 euros and less from eBay, MMOGA, etc. Can they be legal and secure? 130 euros for a professional version is a lot of money, compared to offers made on trading platforms like eBay when you search for “Windows 10 Pro Key”: traders undercut each other: 6.99 euros, 5.49 euros, 4.99 euros, 4.89 euros, 3.99 euros! This is the only way to have a chance of being found by customers who sort by price. They all promise “lightning expedition”, “100% original” and “full version”. Descriptions always state that there is no physical product – instead, the customer receives a key and download link within 30 seconds and doesn`t have to wait for a postal delivery.
Dealers cite the 2012 ruling of the Court of Justice of the European Union (CJEU) on Oracle download software and promise to legally resell used keys. If these basic requirements are met, the Windows 10 license is legal. If not, it is illegal software. We would have liked to ask all merchants via eBay if they have an original invoice, if they know what form of license it is and how to ensure that the license is no longer used. Unfortunately, eBay removed three out of five listings a week later and had only one rating: “We had to remove this listing from the site. You do not need to complete the transaction. Only the underlieha-2 provider replied in English: “I can assure you that the key is genuine. If there was something wrong, you wouldn`t be able to activate your operating system in the first place. His interpretation: As long as the key works, resale is legal. There are countless ways to buy a key for Windows 10.
Whether a license is still tied to it, however, is another matter. So if you want to be on the absolutely safe side, you probably need to buy from Microsoft itself. But also dealers like Germany-based Lizengo and fair prices are definitely a cheaper alternative. Without risk but one wonders if with license are the keys to MMOGA or Kinguin, which are still much cheaper. If you want to get an even cheaper key, you`ll find it on eBay. If you buy via links in our articles, we receive a small commission. This has no influence on our editorial independence or on the purchase price. System Builder or OEM versions of Windows are sold by Microsoft to system manufacturers through authorized intermediaries.
These are manufacturers or retailers that sell PCs that come preconfigured with Windows preinstalled. However, the license agreement may state that support is provided through and not by Microsoft. The business model of selling Windows keys at dumped prices via trading platforms without being able to provide proof of purchase is therefore not legal. If a copyright infringement involves commercial activity, it may even be of interest to law enforcement authorities. Otherwise, the author`s civil actions are in any event admissible. Private users who “only” have Windows illegally on their computer do not have to worry about legal problems in practice. However, companies that have the idea of “laying off” Windows for 4 euros may encounter problems. The question remains why Windows doesn`t complain when activating. Probably the biggest source of Windows 10 OEM keys are always the OEMs themselves. They sell surplus keys to key resellers. However, our interviewees keep a low profile as to the OEMs specifically targeted here.
In principle, however, it doesn`t matter. But above all, the prosecutor wants to find the people behind it, who sell Windows 10 keys or Microsoft applications very cheaply. As a data subject, however, you should always contact a lawyer in case of a subpoena. Microsoft doesn`t sell Windows 11 directly yet. With its predecessor, however, there is usually a free upgrade for compatible computers. In the US, at least, Microsoft has already started selling Windows 11 Home for $139 and Windows 11 Pro for $199.99 in download. Let`s start at the beginning. Windows 10 is developed and licensed by Microsoft. There are different licensing models. While Microsoft itself only sells actual retail keys to end customers, it generally looks different for all other keys offered. These are not retail licenses, but often so-called OEM licenses. OEM stands for Original Equipment Manufacturer, German the original equipment manufacturer of a product.
These manufacturers build computers and laptops that come directly with Windows preinstalled. These manufacturers still sell OEM licenses only in conjunction with the hardware. Since it is in Microsoft`s interest that these devices ship directly with Windows 10 pre-installed, the licenses are very cheap. Well, already looked in the mailbox today? There may be a letter in it, the sender of which first causes your blood pressure to skyrocket. This could be a subpoena from the prosecutor. And if you remember while reading the content that you bought a “super cheap” Windows 10 key at “absolute bargain price” at some point, it can ruin the mood again. The question is: was everything fine at the time of purchase – or was the Windows key illegal? And most importantly: what threatens bona fide buyers now? Buy Microsoft Windows 10 Professional OEM now! Yes and no. Because the trade in used software is basically legal in Europe (unlike, for example, in the United States). According to the saying “Where there is no plaintiff, there is no judge”, you can also buy a Windows 10 key from key resellers such as MMOGA. You should know that in many cases, you probably don`t acquire a license.
The risk of Microsoft taking legal action against an individual is likely negligible.