Microsoft Laws for Selling a Used Computer - Questions

FeCobalt

New Member
I am about to sell two computers on eBay. I was curious about the laws regarding selling used computers with Windows software so I googled it and found a bunch of conflicting information and it just kind of sparked my interest even more since I want to sell them legally. I have a few questions about the Microsoft laws regarding selling used computers with operating systems on them though. It appears that Microsoft's laws tend to change over time and it's a bit confusing to me. So I have a few scenarios laid out and was wondering if someone knowledgeable on the subject could tell me whether they think these scenarios are legal or not:


1) Can I legally sell a used computer with Windows already on it with a valid COA without the recovery disk if I have not reinstalled Windows ever? (meaning the hard drive was never formatted and the computer may have some of my old information on it?)

2) Can I legally sell a used computer with Windows on it if I’ve reformatted the computer and reinstalled Windows fresh and have accepted the EULA myself and am including the COA but am not including the Windows recovery/reinstallation disk?

3) Can I legally sell a used computer with Windows on it if I've reformatted the computer and reinstalled Windows fresh and have accepted the EULA myself and am including the original Windows recovery disk and COA?

4) Can I legally sell a used computer with Windows on it if I’ve reformatted the computer and reinstalled Windows fresh, but have not gone through the initial setup so the new user can accept the EULA themselves, and I am also including the original Windows recovery disk and COA?

5) For computers that have been upgraded to Windows 10 from Windows 7… if I’ve reformatted the computer and reinstalled Windows 10, do I need to include any recovery disk? Because at that time it will have the “product key or COA” for Windows 10 embedded in the motherboard (digital entitlement) and will also have the COA for Windows 7 under the battery compartment. Plus, Windows 10 can be downloaded to USB for free from Microsoft online so the next owner can get it anyways so I don’ t know if I need to include a Windows 10 disk. I don’t know for sure what Microsoft would want in that situation. Maybe they still want me to include the original Windows 7 recovery disk since that is what the laptop came with even though it now has Windows 10 installed from the free upgrade? Can someone advise on this unique situation please, it’s the most confusing one to me.

6) For newer computers that originally came with Windows 10 on them, if I’ve reformatted the computer and reinstalled Windows 10, do I need to include any recovery disk? Once again, Windows 10 can be downloaded from Microsoft for free so I’m not sure if a recovery disk is necessary. And the “COA” should be embedded in the motherboard so no physical sticker with a written key on it would be necessary I think. If a recovery disk is necessary, is it okay to include my personal USB drive with Windows 10 downloaded direct from Microsoft as the recovery disk instead of the original CD/DVD that came with the computer?


Sorry for the long post. I just want to know what is legal and what isn’t. I know the majority of people don’t worry about this stuff that much, but as you can tell I’m a bit anal about this stuff and just want to try to follow the rules. Helps me sleep a bit easier at night, lol. Thanks in advance for any information on this subject.
 

johnb35

Administrator
Staff member
This may help you some. You can still get the free upgrade to windows 10 from windows 7 and 8, its just not advertised. There hasn't been any recovery media sent with pc's for many years, so not sure what that is all about. If you have a pc with windows 7 or 8 with the installation media then you should include it with the activation key. If its windows 10 I wouldn't think you would need to include anything since it can be reinstalled and activated easily. If the person you are selling it to can download drivers for the pc then you can let them accept the Eula. If they aren't then you'll have to accept the Eula and install any drivers or software needed.
 

FeCobalt

New Member
Thank you for the repsonse. When I say recovery media, I mean the Windows reinstallation DVD that comes with computers. Maybe "recovery media" was the wrong term. I bought a desktop in 2016 that came with both a Windows 8.1 reinstallation DVD and a Windows 10 reinstallation DVD, so I didn't know if I have to always include those Windows reinstallation DVDs (whether the computer has Windows 10, Windows 8, Windows 7, etc. already loaded). I have definitely lost a few of those DVDs over the years. Yes, I agree, I wouldn't think I would need to include a Windows 10 disc since it is downloadable for free. I read a few things online stating that it may not be legal to sell a used computer without the Windows DVD that came with the computer, that I can't sell a computer unless the new owner accepts the EULA themselves, etc. So not too sure about what is legally okay and what isn't.
 

johnb35

Administrator
Staff member
Well like I said, all depends on buyers ability to download and install drivers and such. Not sure why a pc would have a windows 10 and windows 8 installation media unless it was for downgrade rights. Is this a custom built pc or an OEM pc?
 

beers

Moderator
Staff member
Yes
Yes
Yes
Yes
No
Yes

I wouldn't worry too much about it since you aren't a high volume reseller. Just use the key on the COA, if they need a Windows 10 installation image they can use the media creation tool.
 

FeCobalt

New Member
Thanks for the responses. To answer some of the above questions, yes, I believe the desktop included both Windows 10 and Windows 8 for downgrade rights. It was purchased direct from Dell. But the information I had read about the legality of selling a used computer were irregardless of the buyer's ability to download and install drivers, it was talking about the legal issues regarding leaving the point of sale from the seller's hands. Meaning the seller had to legally do certain things regardless of what the buyer's ability was with downloading and installing drivers. But that information I read could be incorrect. And beers, thanks for the replies. For question 6, you wrote "Yes." Was that a typo? Since that typo conflicts with some of your answers to my earlier questions. I know it can be easy to make a mistake though, since I phrased my questions in a weird way.
 

beers

Moderator
Staff member
And beers, thanks for the replies. For question 6, you wrote "Yes." Was that a typo? Since that typo conflicts with some of your answers to my earlier questions. I know it can be easy to make a mistake though, since I phrased my questions in a weird way.
Sorry, I was reading that on the shitter. You don't have to include any media. You also aren't a Microsoft partner so you don't have to adhere to extra agreements. Just list what you have in the description like 'valid COA included with legitimate copy of Windows installed'.

I also live in MO :p
 

Calin

Well-Known Member
Who even cares about what Microsoft may consider illegal? They're not some kind of Gods.
 
Top