Is buying a used Windows license legal?
ECJ UsedSoft/Oracle Ruling: Why Buying Used Windows Licenses is Legal and What to Look Out For.
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Short answer: Yes. The European Court of Justice ruled in 2012 that software licenses may be resold within the EU - the ruling applies generally to software licenses, and thus also to Windows, regardless of whether sold as a boxed product or download. Prerequisite: a perpetual license and a previous owner who has completely ceased their own use.
The legal basis
In 2012, the European Court of Justice ruled in the UsedSoft v. Oracle case (C-128/11) that the manufacturer's right of distribution is exhausted once a software copy has been sold for the first time in the EU with its consent. The German Federal Court of Justice has confirmed this jurisprudence.
Does this also apply to Windows?
Yes - the ruling generally refers to software licenses, and thus also to operating system licenses like Windows. Four conditions must be met:
- The license is perpetual - subscription-like models are not included.
- First acquisition in the European Economic Area.
- Complete transfer, no partial rights remaining with the previous owner.
- The previous owner has rendered their copy unusable.
What about OEM licenses?
An important limitation: OEM licenses are tied to the original hardware and cannot be resold separately. Retail and volume licenses are primarily legally transferable. This is precisely why we only carry transferable licenses and no OEM goods. More on this in the article on Windows license types.
"The key was dirt cheap - until I realized it was an OEM license that was actually tied to a computer long since scrapped." A buyer reports how he learned this in time and refrained from buying, choosing a documented retail license instead.
What to look for when buying
Only buy from dealers who offer a traceable license chain and a proper invoice with VAT shown. At Firstsoft, every license is individually checked before sale.
Conclusion
The purchase of a used Windows license is legally sound, as long as the dealer is reputable and discloses the license type and origin. Check out Windows 11 Pro and Windows 10 Pro or browse the Windows overview.
