The legality aspects of using MSDN/Technet subscription/license and the ugly truth

[safeguy]

The legality aspects of using MSDN/Technet subscription/license and the ugly truth of what's happening "behind the scene"

Legality aspect:

The legality aspect regarding the use of MSDN/Technet license keys (either bought or received from a giveaway) has always been disputed and till today, there's no one perfect clear cut answer to it...

However, what most people do not realize is that legality aspect does not just involve those who 'buy or win the key from a subscriber' but also for those who has a valid subscription themselves...

As such, before I proceed with my attempt in explaining this issue, I suggest you take a look at this (any one of the 2 links will do):

MSDN Subscription Software Use Rights
http://msdn.microsoft.com/en-us/subscriptions/cc150618.aspx
http://technet.microsoft.com/en-us/subscriptions/downloads/cc150618.aspx

MSDN subscriptions are licensed on a per-user basis. One person can use the software to design, develop, test, or demonstrate his or her programs on any number of devices. Each person who uses the software this way needs a license.

MSDN Subscriptions are only offered per individual, there are no “team” subscriptions or sharing of subscription benefits. You should select the right MSDN Subscription for each person on your software development team based on the software that person needs to use and the support benefits required. Remember that team members who install the software (such as IT Professionals who install software for a test lab) will also need an MSDN subscription.

Many MSDN subscribers use a computer for mixed use—both design, development, testing, and demonstration of your programs (the use allowed under the MSDN Subscription license) and some other use. Using the software in any other way, such as for doing email, playing games, or editing a document is another use and is not covered by the MSDN Subscription license. When this happens, the underlying operating system must also be licensed normally by purchasing a regular copy of Windows such as the one that came with a new OEM PC.

This clearly states that the a subscription is licensed for one person only and that the license may be used on any number of devices as long as it's used only for development and testing only, not for personal and non-test/non-development usage. It also explains the other 'restrictions' on what the MSDN/Technet Subscription license can be used for.

The Ugly Truth (of what's happening "behind the scene" )

Despite the fact that the EULA or Use Rights forbids this and that, in reality, there are many MSDN/Technet subscribers who have actually violated the EULA, either knowingly or unknowingly.

Examples:

1. Subscribers are supposed to use the software for evaluation purposes only. Yet, some subscribers paid for their subscription simply to get the software for personal use on their machines; they use the license keys for purposes not covered by the MSDN/Technet Subscription license.

2. Subscribers are supposed to run MSDN/Technet licensed software on their machines only. Yet, many still goes against this agreement.

3. Subscribers are NOT supposed to run MSDN/Technet licenses software on any machines that are not going to be used by them (example family members' machines or friends' machines). Yet, some subscribers do not know about this and violated the agreement unknowingly. There are also others who find the restriction unfavorable or unfair and decide to go against this agreement knowingly.

4. Subscribers are NOT supposed to sell the license keys generated from their MSDN/Technet subscription. Yet, some still decides to go ahead and take the risk of their accounts being canceled.

For those of you who sell/purchase a license key generated from a MSDN/Technet Subscription, here is a fact you should be aware of:

If Microsoft detects a lot of "unusual" behavior or "questionable" activities, they might decide to investigate. If the seller is caught, the seller's account will be canceled and the keys will be invalidated/blocked.

Hence, before you decide to sell/purchase a license key generated from a MSDN/Technet Subscription, be sure to think twice or thrice before taking that decision. It's a risk that you have to decide for yourself.

For those of you who win/give away a license key generated from a MSDN/Technet Subscription, here is a fact you should be aware of:

Although the keys are considered retail and will pass the genuine validation check, you cannot get any support from Microsoft because the keys are "tied" to the subscribers account.

Just a few more words:

Legality and morality aspects apart, here's a few words I've got to say:

If you plan to subscribe a MSDN/Technet to 'save costs' and use it for personal usage, despite knowing that it violates the EULA, the best thing to do is to make sure that the keys are used only by you...

However, if you plan to share the account with friends or family members, make sure you don't go overboard, keep it 'low-profile' to avoid Microsoft from finding out...

Some of you are risk-takers, and might want to sell your generated license keys to others. As far as possible, refrain from doing so or if need be, sell it among a close group of friends, not to unknown outsiders or in the public through means of sites such as eBay.

I also know there are some who are 'generous' and want to share or give away their license keys to others for free. Make sure you inform the recipients of the limitations of the license keys and that you are not to be held responsible if the license keys are blocked/invalidated in the future.

To those of you who are receiving keys from such giveaways, you know the risks already by now. Decide for yourself whether it is right for you to use the key and install it on your machine. Blame no one but yourself if anything goes wrong in the future.

P.S. I made this based on my own 'mini' research...if anyone here spots any mistakes or has additional relevant details to add upon, please indicate and share with us. If anyone here has any disagreement or counter-argument, please state so so that we can all learn from it. And yes, be polite, not harsh

[lunaticcranck]

For those of you who win/give away a license key generated from a MSDN/Technet Subscription, here is a fact you should be aware of:

Although the keys are considered retail and will pass the genuine validation check, you cannot get any support from Microsoft because the keys are "tied" to the subscribers account.

I win 1 Win 7 Ultimate Key in Giveaway from UNEiT but im not a subscriber

[thathagat]

well.....
i said.....

as of now

so........
1.currently when win 7 validation has started the uneIT key is in good standing
2.but tomorrow it may not be....why?
a.microsoft may block it...on a whim....afterall its MS
b.silver may decide to renege the giveway
c.silver may no longer remain a msdn subscriber
d.the key gets blocked due to abuse.....either genuine abuse or an innocent one
e.maybe we can use the key till someone gives us a win 8 key as an when it comes
f.legal/moral/bitter truth....well its too complex....use it if it works otherwise well you cant use it
g.ummm no support....well isn't it a freebie .....so enjoy while it lasts

the reason i posted the genuine verification is that on 23 feb MS will issue an update KB971033 which is all about this....http://forum.raymond.cc/general-forum/18174-new-anti-piracy-windows-7-update.html

[lunaticcranck]

Yes but what happen when someone will check your license,

[safeguy]

My point is whoever uses a key from a giveaway (e.g. uneit), it's supposedly legally and morally wrong (based on what I found) but if you don't mind, yes, it will activate as a genuine license key...updates won't kill it but rather if MS blocks the key, you're in trouble

[thathagat]

it will activate as a genuine license key...updates won't kill it but rather if MS blocks the key, you're in trouble

true

Yes but what happen when someone will check your license,

two things......the good it will be valid....the bad it won't be valid
hint.....for second scenario....don't let someone check it

[safeguy]

Precisely...I'll never go and try to validate it if I was using a 'winning' key...in fact, I might not even install it on my PC as my main and only OS...I'll keep my current OS and dual boot it with it instead or use it on virtual machine. Just to be on the safe side, that is

[richie1913]

So,If I dont Install this update on the 23rd,because at this point in time there Is a choice,them the key I won from someone on this forum a while ago will be fine,because it has already passed as a genuine license,so i wont run into any trouble unless I have to reinstall and for some reason these keys have been blocked.Have I got the basics right.
Also the keys from UneIT,have i got it right from reading your post safeguy that you can use them on more than one machine,so i can use it on my 32 bit machine and my 64 bit machine at the same time or am i way off on that one.
Thanks for the info safeguy and thathagat thought provoking as always.

[leofelix]

I do not think Silver can (or ask to) block any key
Microsoft cannot know (even by installing that new WTA validation tool) if you are a MSDN subscriber or not, since those keys are genuine and Windows 7 has been correctly activated.

If you want to check if Windows 7 has been correctly actvated

Start -> Run (Win+R ) and type "slmgr.vbs -xpr", without brackets.

If you get a message like "The machine has been permenently activated" you are all right


Thank you for heads up Safeguy

[lunaticcranck]

On January i Have activated my win 7 key,(installed win 7 Activated key...blablabla)
but nowi return to xp