Reply To: 21 Mar 15 Is your copy of Windows legal?
if Microsoft says your copy of Windows is illegal, it is
I’m sure you saw the UMG example where the company insisted the “owner” did not have the right to resell, and sued him. However the court disagreed. There’s been a few court cases where the company claimed the transaction was a license when it was in fact a sale. So no, Microsoft or any private entity is not and cannot be the final authority on legal matters.
What about the (unlikely) situation where you buy a computer and decide to resell it without turning it on? In this case you were never shown the license so you couldn’t possibly be bound by it (in order to be valid, you must be shown a license’s text and somehow affirm your consent to it, usually by clicking I agree.).
Even without that example, you’ve paid for the computer long before you’re presented with any license offer. That transaction is long over. It’d be like driving home in your new car, then finding a piece of paper in the glove box telling you where you’re allowed to get gas, what brand of tires you must buy, etc. That’s certainly unenforceable.
If you do click I agree, you’re probably going to be held to that. I personally don’t agree with that because it’s adding terms to a sale after it’s complete. However if you don’t click that button, then there’s no way you can be bound by those terms.