Is this Software Piracy?

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Iamadumbarse

Junior Member
Sep 13, 2011
1
0
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I own a business where I go around fixing people's computers and such, taking odd jobs here and there, and I have started a practice in which I think is a gray area, and since I am so small, why would Microsoft even care anyway that I am doing this? I am sure I am not the only person in the world doing this, so why should Microsoft care, right?

Well, I have customers that need operating systems on their machines, or upgrades from XP or whatever, so I have found that I can get Microsft Windows 7 Professional upgrade for Families for $129 from Amazon (it has gone up here lately though). Anyway, it comes with 3 licenses for 3 computers, and I use these licenses on my customers computers, so they don't have to pay me as much as they do the other guys that I compete against. I figure since it says 3 computers, I can put it on any 3 computers I want, but my stupid brother keeps telling me it's wrong and that I shouldn't do it and I am "Risking my business" (ha ha, yeah, right), and I tell him that there is nothing wrong with it, I am only putting it on 3 computers like it says, and I keep the disks for myself. I tell my customers that if they need any support, just to call me and I will take care of them. I mean, what if my family includes my aunt that lives down the road, and my son who goes to college? They don't have to actually live with me, even though it says that in the Licensing Agreement.

So, I came in here to ask if I am right or wrong in doing this, and even if I am wrong, Microsoft isn't going to come after me, right? I am a small fish, why would they care? I am charging my customers a third of what it costs me, with no markup, so I am not making any money on that, but I do make money on the other stuff, plus I get to underbid other people who follow the rules..but screw them, I need to make a living somehow.

Am I in danger of anything, I mean really, come on.....would they waste their time with me? My business is starting to do real good, and I am happy about that, but my stupid brother keeps warning me every time I tell him about doing it. What do you guys think? Am I a dumb Arse like my brother thinks I am, or am I brilliant as the sun? (Doesn't matter what you say, I am gonna keep doing it because I don't listen to anybody, but go ahead, make your arguement or agree with me so I can show my brother that it's no big deal. So what if the licensing agreement says the 3 machines have to be in my household.....Potato Potato....big deal.).

Tell me what you guys think....:D:D:D:D:D:D
 

akugami

Diamond Member
Feb 14, 2005
6,210
2,552
136
I haven't, and won't, read the exact license agreement for the family package but more than likely you're violating it. It was never meant as an option for repair shops or OEM's. It was meant for Do-It-Yourself type guys who can buy three licenses cheaply for computers in their home.
 

Fardringle

Diamond Member
Oct 23, 2000
9,200
765
126
If you buy a separate license for each home that you do work for, then you're perfectly fine since that is what the family license is for. If you "split" that family license up between different customers in different homes/businesses, then you are violating the license agreement and pirating the software.
 

IGemini

Platinum Member
Nov 5, 2010
2,472
2
81
FYI, someone I knew locally was doing the same thing and he was small-time as well. He ended up getting arrested. So go on, keep doing it and enjoy your future time in the slammer.
 

MagnusTheBrewer

IN MEMORIAM
Jun 19, 2004
24,122
1,594
126
OP, you are violating the EULA for the Family 3 pack. All 3 licenses are for one home. MS is pretty lenient but, don't ask don't tell only goes so far. If one of your clients is unhappy about your service, they simply have to call or put in the info online to MS anti piracy here and your screwed. Once they've been officially notified, they will shut you down.
 

Venom20

Senior member
Apr 12, 2011
259
0
0
If it is the family pack I'm fairly certain it says something about the computers being part of the same household. You should probably use your literacy skills and read the user agreement though. That being said, I would cast my vote on violation as well.


bull shit

^agreed
 

Gooberlx2

Lifer
May 4, 2001
15,381
6
91
OP, you are violating the EULA for the Family 3 pack. All 3 licenses are for one home. MS is pretty lenient but, don't ask don't tell only goes so far. If one of your clients is unhappy about your service, they simply have to call or put in the info online to MS anti piracy here and your screwed. Once they've been officially notified, they will shut you down.

How does the license key work for the family pack? One key per 3 activations, as opposed to 3 keys? What happens when one household does an OS reinstall themselves, can't activate, calls MS, finds out their key doesn't belong to them, etc....

Maybe MS wouldn't care about a couple/few occurrences, but eventually they might after X number of clients complain about bogus keys from "Iamadumbarse Tech".
 
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MagnusTheBrewer

IN MEMORIAM
Jun 19, 2004
24,122
1,594
126
How does the license key work for the family pack? One key per 3 activations? What happens when one household does an OS reinstall themselves, can't activate, calls MS, finds out their key doesn't belong to them, etc....

Maybe MS wouldn't care about a couple/few occurrences, but eventually they might after X number of clients complain about bogus keys from "Iamadumbarse Tech".

It's 3 separate unique keys. Each key is intended to be used in the same household. Of course you do not have to register them but, it goes back to don't ask don't tell. Once they've been "officially" notified, they will deactivate the keys and, if you're a business as in the OP's case, they will shut it down ie. fine the hell out of you.
 

lxskllr

No Lifer
Nov 30, 2004
60,935
11,265
126
Regardless of any legal questions, the practice is sketchy, and you're putting your customers, and your reputation at risk. What you do with your own computer is your business, but when third parties are involved everything should be above board.
 

postmark

Senior member
May 17, 2011
307
0
0
Here is the actual wording from the EULA so yes, this is piracy as you are breaking these terms:

2. INSTALLATION AND USE RIGHTS.
a. One Copy per Computer. Except as allowed in Section 2 (b) below, you may install one copy of the software on one computer. That computer is the “licensed computer.”
b. Family Pack. If you are a “Qualified Family Pack User”, you may install one copy of the software marked as “Family Pack” on three computers in your household for use by people who reside there. Those computers are the “licensed computers” and are subject to these license terms. If you do not know whether you are a Qualified Family Pack User, visit go.microsoft.com/fwlink/?Linkid=141399 or contact the Microsoft affiliate serving your country.

Download here: http://download.microsoft.com/Docum...lish_a0cdb148-2381-47cd-bfc9-9b9102e0cb28.pdf
 

Kalessian

Senior member
Aug 18, 2004
825
12
81
OP is surely experimenting/trolling to prove a point.

Anyway, so what happens if a family goes through a divorce? Do they expect everyone to give up their windows keys? You can have the dog, but I get the windows family pack. For reasons like this I hate the current way of doing things.
 
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Nothinman

Elite Member
Sep 14, 2001
30,672
0
0
I own a business where I go around fixing people's computers and such, taking odd jobs here and there, and I have started a practice in which I think is a gray area, and since I am so small, why would Microsoft even care anyway that I am doing this? I am sure I am not the only person in the world doing this, so why should Microsoft care, right?

Well, I have customers that need operating systems on their machines, or upgrades from XP or whatever, so I have found that I can get Microsft Windows 7 Professional upgrade for Families for $129 from Amazon (it has gone up here lately though). Anyway, it comes with 3 licenses for 3 computers, and I use these licenses on my customers computers, so they don't have to pay me as much as they do the other guys that I compete against. I figure since it says 3 computers, I can put it on any 3 computers I want, but my stupid brother keeps telling me it's wrong and that I shouldn't do it and I am "Risking my business" (ha ha, yeah, right), and I tell him that there is nothing wrong with it, I am only putting it on 3 computers like it says, and I keep the disks for myself. I tell my customers that if they need any support, just to call me and I will take care of them. I mean, what if my family includes my aunt that lives down the road, and my son who goes to college? They don't have to actually live with me, even though it says that in the Licensing Agreement.

So, I came in here to ask if I am right or wrong in doing this, and even if I am wrong, Microsoft isn't going to come after me, right? I am a small fish, why would they care? I am charging my customers a third of what it costs me, with no markup, so I am not making any money on that, but I do make money on the other stuff, plus I get to underbid other people who follow the rules..but screw them, I need to make a living somehow.

Am I in danger of anything, I mean really, come on.....would they waste their time with me? My business is starting to do real good, and I am happy about that, but my stupid brother keeps warning me every time I tell him about doing it. What do you guys think? Am I a dumb Arse like my brother thinks I am, or am I brilliant as the sun? (Doesn't matter what you say, I am gonna keep doing it because I don't listen to anybody, but go ahead, make your arguement or agree with me so I can show my brother that it's no big deal. So what if the licensing agreement says the 3 machines have to be in my household.....Potato Potato....big deal.).

Tell me what you guys think....:D:D:D:D:D:D

This seems like a troll because even though one could argue about sharing a family license across multiple houses, you can't deny that it's not intended for commercial use and that's the real crux of the problem. If your customer ever gets audited they would likely have to pay fines in addition to paying for good licenses and then they would likely come after you to recoup some of those costs. I'm glad companies like yours exist though, they make the one I work for look a lot better when your clients come to us for help.

Kalessian said:
Anyway, so what happens if a family goes through a divorce? Do they expect everyone to give up their windows keys? You can have the dog, but I get the windows family pack. For reasons like this I hate the current way of doing things.

One would think that a $129 license pack would be very low on the list of concerns if you're going through a divorce...
 

ultimatebob

Lifer
Jul 1, 2001
25,134
2,450
126
OP is surely experimenting/trolling to prove a point.

Anyway, so what happens if a family goes through a divorce? Do they expect everyone to give up their windows keys? You can have the dog, but I get the windows family pack. For reasons like this I hate the current way of doing things.

I would think that the OP's user name and post count would give his troll status away pretty easily.
 

VirtualLarry

No Lifer
Aug 25, 2001
56,587
10,227
126
If you buy a separate license for each home that you do work for, then you're perfectly fine since that is what the family license is for. If you "split" that family license up between different customers in different homes/businesses, then you are violating the license agreement and pirating the software.

"Piracy", when referred to in the context of computers, generally means "copyright infringement". A violation of MS's force-fed EULA is another thing entirely.

As long as he paid for a lawfully-made copy of the copyrighted work, then he has NOT committed copyright infringement ("piracy"). It would be up to the courts to decide whether or not he violated the licensing agreement.

If the EULA does not itself contain a specific definition for "Household", as mentioned in the agreement, then it could mean anything he wants to.
 

VirtualLarry

No Lifer
Aug 25, 2001
56,587
10,227
126
It's 3 separate unique keys. Each key is intended to be used in the same household. Of course you do not have to register them but, it goes back to don't ask don't tell. Once they've been "officially" notified, they will deactivate the keys and, if you're a business as in the OP's case, they will shut it down ie. fine the hell out of you.

So much misinformation in this thread. No, it is NOT "3 seperate unique keys". It's ONE key, valid for THREE online activations.

In fact, MS is so screwed up, that even if you buy a legit family pack, install it onto three computers, and then want to move one of the licenses to a different machine (which is allowed - this is part of the retail license agreement), then if you call MS's activation hotline, and are honest, and tell it that it is installed onto THREE machines (as per how it was sold to you), then the activation hotline will tell you that you've violated the license agreement, and tells you to buy another copy of windows.

The activation hotline ONLY accepts an answer of "one", when asked how many computers the license key is installed on (I presume).

You have to get a human on the line to re-activate a moved family pack license (which I've had to do a few times).
 

MagnusTheBrewer

IN MEMORIAM
Jun 19, 2004
24,122
1,594
126
"Piracy", when referred to in the context of computers, generally means "copyright infringement". A violation of MS's force-fed EULA is another thing entirely.

As long as he paid for a lawfully-made copy of the copyrighted work, then he has NOT committed copyright infringement ("piracy"). It would be up to the courts to decide whether or not he violated the licensing agreement.

If the EULA does not itself contain a specific definition for "Household", as mentioned in the agreement, then it could mean anything MS wants it to.

See the bolded part. Let me know how an individual trying to redefine the EULA in his favor against MS's lawyers works in the real world.
 

gmaster456

Golden Member
Sep 7, 2011
1,877
0
71
Technically, Your violating the EULA. Whether or not you get in trouble I have no idea.
 

PrayForDeath

Diamond Member
Apr 12, 2004
3,478
1
76
"He's filed more than a dozen within the past year, including similar far-fetched attempts at contract arbitration and claims of hiring discrimination because of his Asperger's Syndrome."

Yea but this time he "automatically won on May 19, 2011, per the forfeit victory clause." since Microsoft failed to respond within 24 hours :D
 
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