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Bought laptop that came with Windows 7 but COA is for Windows Vista - is this legal? RRS feed

  • Question

  • I recently bought a laptop from a guy on Ebay.  It was sold as having Windows 7, but when it arrived, it had a COA on it for Vista Business.  I asked the seller about this, and he stated

    "That computer predates the release of Windows 7 but has been LEGALLY reimaged with Win 7 Enterprise, for which I have a bulk license agreement."  and then he goes on to say "The key that is entered is a Windows Genuine Advantage verified key, of that I can assure you."


    I doubt this is legal, but perhaps I am wrong.  I didn't get key to reinstall it with (it did come with a Dell Windows 7 Pro 32-bit disk).  Can he legally sell a computer that was installed with a "bulk license agreement", but has no key or coa to match?

     

    And if I wanted to resell it later, I would need the original valid COA with key, wouldn't I?

     

    Thank you for your time, I have searched the forums for this info but didn't see it.  Sorry if this has been asked before.

    Matt

    Wednesday, June 29, 2011 3:04 PM

Answers

  • Hello Matt-007,

     

    The seller's organization might very well have a current and valid Volume Licensing Agreement with Microsoft for Windows 7 Enterprise.

     

    However, that Agreement does NOT permit such licenses to be sold one-by-one to individuals such as yourself.  The proper action of this seller should have been to use the manufacturer's system recovery discs to put the original, OEM licensed operating system back onto the computer and then sell it advertised as a computer legally licensed to run Windows Vista Business, as evidenced by the CoA on the computer.

     

    It's actually very foolish for organizations to sell their excess computers with their VL installations of Windows still on the computer, as any keyfinder utility can extract the product key and before they know what hit them, their VL keys are floaing around on the internet creating problems.

     

    If the seller advertised the computer on eBay as being legally licensed to run Windows 7 Enterprise, the seller was either misinformed about the propriety of being allowed to leave their Volume Licensing installation of W7 on the computer, or was deliberately lying to make the computer more attractive to a buyer.

     

    Since the seller cannot transfer his Volume License to you, any license for Windows the computer has would be whatever license it came with from Dell.  (By the way that goes for Microsoft Office, too, if there was an installation of Office on the computer when you got it.)

     

    You mentioned that the computer came with a Dell W7 Pro recovery disc.  During the time period immediately preceeding the release of Windows 7, many manufacturers (with Microsoft's approval) were offering a free upgrade to Windows 7.  I have seen many of these Dell free upgrade to W7 discs, and if you have one of them, which were accompanied by a new CoA for W7 affixed to the disc's sleeve (the CoA states "Win Vista [edition] - Win 7 [same edition] UPG Fulfill"), then your laptop might be one of those that were sold during that time and are indeed licensed to run W7.  But the evidence of that would be a CoA for W7 affixed to the disc sleeve, and a Dell disc that has something like this on its label:  "Windows 7 Upgrade Option  Windows Vista [edition] to Windows 7 [same edition]" and "For Use Only as an Upgrade to a Qualifying Dell Windows 7 Upgrade Option PC."  Do you have that?

     

    If you don't, then you do not have a genuine license to run Windows 7 on this computer, so if that's important to you, I would recommend contacting the seller to work out a reduced price that reflects the value of the computer to you without a W7 license (but since there is a CoA for Vista Biz) but with a Vista Biz license.  I would take into account the approx. $20-35 it will cost to purchase the system recovery discs from the computer's manufacturer, assuming of course that they are still available.  Or, just tell the seller to forget it, and return the product for a refund--if the seller balks you may need to start a Significantly Not As Described claim with eBay/PayPal.


    Here is the link to order Dell recovery discs:  http://support.dell.com/support/topics/global.aspx/support/dellcare/en/backupcd_form?c=us&cs=19&l=en&s=dhs&redirect=1
    • Marked as answer by Darin Smith MS Wednesday, June 29, 2011 10:35 PM
    Wednesday, June 29, 2011 4:23 PM

All replies

  • Hello Matt-007,

     

    The seller's organization might very well have a current and valid Volume Licensing Agreement with Microsoft for Windows 7 Enterprise.

     

    However, that Agreement does NOT permit such licenses to be sold one-by-one to individuals such as yourself.  The proper action of this seller should have been to use the manufacturer's system recovery discs to put the original, OEM licensed operating system back onto the computer and then sell it advertised as a computer legally licensed to run Windows Vista Business, as evidenced by the CoA on the computer.

     

    It's actually very foolish for organizations to sell their excess computers with their VL installations of Windows still on the computer, as any keyfinder utility can extract the product key and before they know what hit them, their VL keys are floaing around on the internet creating problems.

     

    If the seller advertised the computer on eBay as being legally licensed to run Windows 7 Enterprise, the seller was either misinformed about the propriety of being allowed to leave their Volume Licensing installation of W7 on the computer, or was deliberately lying to make the computer more attractive to a buyer.

     

    Since the seller cannot transfer his Volume License to you, any license for Windows the computer has would be whatever license it came with from Dell.  (By the way that goes for Microsoft Office, too, if there was an installation of Office on the computer when you got it.)

     

    You mentioned that the computer came with a Dell W7 Pro recovery disc.  During the time period immediately preceeding the release of Windows 7, many manufacturers (with Microsoft's approval) were offering a free upgrade to Windows 7.  I have seen many of these Dell free upgrade to W7 discs, and if you have one of them, which were accompanied by a new CoA for W7 affixed to the disc's sleeve (the CoA states "Win Vista [edition] - Win 7 [same edition] UPG Fulfill"), then your laptop might be one of those that were sold during that time and are indeed licensed to run W7.  But the evidence of that would be a CoA for W7 affixed to the disc sleeve, and a Dell disc that has something like this on its label:  "Windows 7 Upgrade Option  Windows Vista [edition] to Windows 7 [same edition]" and "For Use Only as an Upgrade to a Qualifying Dell Windows 7 Upgrade Option PC."  Do you have that?

     

    If you don't, then you do not have a genuine license to run Windows 7 on this computer, so if that's important to you, I would recommend contacting the seller to work out a reduced price that reflects the value of the computer to you without a W7 license (but since there is a CoA for Vista Biz) but with a Vista Biz license.  I would take into account the approx. $20-35 it will cost to purchase the system recovery discs from the computer's manufacturer, assuming of course that they are still available.  Or, just tell the seller to forget it, and return the product for a refund--if the seller balks you may need to start a Significantly Not As Described claim with eBay/PayPal.


    Here is the link to order Dell recovery discs:  http://support.dell.com/support/topics/global.aspx/support/dellcare/en/backupcd_form?c=us&cs=19&l=en&s=dhs&redirect=1
    • Marked as answer by Darin Smith MS Wednesday, June 29, 2011 10:35 PM
    Wednesday, June 29, 2011 4:23 PM
  • Thank you.  That makes things very clear (I suspected that was the case, but could not have said it was clearly).    The disk that was sent does not have a COA or the UPG on it (it's dell part number  PPK5P).  I'll contact the seller and see how it goes. 

     

    Thank you once again,

    Matt

    Wednesday, June 29, 2011 7:25 PM
  • "Matt-007" wrote in message news:a0211f26-3ac2-4fc3-bb53-e684389bedef...

    Thank you.  That makes things very clear (I suspected that was the case, but could not have said it was clearly).    The disk that was sent does not have a COA or the UPG on it (it's dell part number  PPK5P).  I'll contact the seller and see how it goes. 

     

    Thank you once again,

    Matt


    Please post an MGADiag report - it could be an interesting one <g>
     
    To properly analyse and solve problems with Activation and Validation, we need to see a full copy of the report produced by the MGADiag tool (download and save to desktop - http://go.microsoft.com/fwlink/?linkid=52012 )
    Once saved, run the tool.
    Click on the Continue button, which will produce the report.
    To copy the report to your response, click on the Copy button in the tool (ignore any error messages at this point), and then paste (using either r-click/Paste, or Ctrl+V ) into your response.


    --


    Noel Paton | Nil Carborundum Illegitemi | CrashFixPC | The Three-toed Sloth
    Wednesday, June 29, 2011 9:27 PM
    Moderator
  • Contact the eBay seller and demand a full refund.  He apparently enjoys defrauding folks as his claims are false.
    Carey Frisch
    Wednesday, June 29, 2011 10:33 PM
    Moderator