Can you confirm where that quote you used is from in your previous post? I can't find it in the court judgment. What I do read in the judgment doesn't invalidate what I've said. MAK/KMS - The average end user won't be able to activate Windows/Office with KMS. That's why MAK keys are used by 'grey market' resellers.
They did and it is when buying volume licensing or possibly subscription based licencing with MSDN Technet or Visual Studio. Would be very old hat if you were using MAK keys rather than a key management store with Volume licencing. Further, MAK keys on those subscriptions have changed beyond all recognition in the last 20 years. You can not be talking either the Volume licencing as the installation for that is not openly available. That is not to be confused with Retail and OEM licencing that is the context here and the installation is freely available to download. The EU ruling is detailed here: https://curia.europa.eu/jcms/upload/docs/application/pdf/2012-07/cp120094en.pdf Specifically the nitty gritty is made here: "Under that directive, the first sale in the EU of a copy of a computer program by the copyright holder or with his consent exhausts the right of distribution of that copy in the EU. A right holder who has marketed a copy in the territory of a Member State of the EU thus loses the right to rely on his monopoly of exploitation in order to oppose the resale of that copy" "Where the copyright holder makes available to his customer a copy – tangible or intangible – and at the same time concludes, in return form payment of a fee, a licence agreement granting the customer the right to use that copy for an unlimited period, that right holder sells the copy to the customer and thus exhausts his exclusive distribution right. Such a transaction involves a transfer of the right of ownership of the copy. Therefore, even if the licence agreement prohibits a further transfer, the right holder can no longer oppose the resale of that copy." So the salient points are: Did the manufacturer agree to its use and take monies for it - yes Is windows s/w - yes is it made available freely to download - yes is the period of time for use limited - no Can the right holder oppose to that copy being resold - no At least within the EU and the UK at present.
Interestingly, the court confirmed that splitting licences, which is what many key sellers do (using MAK keys), is copyright infringement. Do you have a URL for your quote?
No, because it doesn't! I absolutely will admit if shown wrong, I have zero problem with that. The right to use 'OEM software' is exhausted after it's first use as per Microsoft's T&C that have been agreed to. Whether the licence is resold or not, which this ruling concerns, is irrelevant. There is no right to use the software on a different system. I believe the ruling doesn't dispute this (I've just looked at it together with some legally qualified opinions); it deals with resale. If I'm wrong then please explain why Microsoft's OEM terms are as they are. Perhaps you're more legally qualified than them? "OEM Software may NOT be transferred to another machine. Even if the original laptop, PC or server is no longer in use, or if the software is removed from the original hardware, the OEM licenses are tied to the device on which the software is first installed. As long as the license and device remain together, there is no limit to the number of times they may be transferred from one user to another. When transferring a PC to a new end user, the software media, manuals (if applicable), and Certificate of Authenticity label should be included. It is also advisable to include the original purchase invoice or receipt. The original end user cannot keep any copies of the software." source
the goal post and your false statements were these two: "(i) there's no right for that OEM key to work" followed by "1) The OEM licence lives and dies with the first computer it is applied to. " Microsofts own site confirming this be false: "JUDGMENT OF THE COURT (Grand Chamber) According to the decision of the European Court (Curia) of Justice on the 3rd of july in 2012, (C-128/11.) the sale of software is permitted even without the physical transport of the medium (CD/DVD/Pendrive). The transfer of the used license activation keys is permitted, furthermore the sale, transfer of the unused software licenses is legal regardless of whether the software license is on a medium or online license activation key. The software company shall not prevent the further sale of its license, and usage of its software, including OEM, DSP and ESD versions. The software company’s copyright is exhausted when its software has been sold for the first time. The individual sale of Volume License and the trading of online transferable licenses are permitted. (C-128/11., EU 2001/29/EG, 28., 2009/24/EK)" enough proof yet to place your hands up and say you were wrong?