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by hdjjhhvvhga 1155 days ago
It's a bit more complex than that. Windows licenses come in various variants with one common trait: they have very specific conditions regarding license transfer. Basically, Microsoft tries to define a very limited set of conditions that let you transfer the license. The problem is, not all of these are enforceable in all jurisdictions. One example:

> If you acquired the software from a retailer as stand-alone software, you may transfer the software to another device that belongs to you, but not more than one time every 90 days (except due to hardware failure, in which case you may transfer sooner).

It is highly probable that, if anybody cared, you could win such a case in a European court but I'm not aware if anyone bothered to try.

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I suppose in the US the question is if it is indeed considered a license or a sale; wether or not the first sale doctrine applies.

I thought this had recently been ruled in favour of re-sale - but the newest i could find was on Vernor v. Autodesk, which goes the other way...

https://dunnerlaw.com/buyer-beware-the-threat-to-the-first-s...