Buy Software Legally: Important Tips to Protect Yourself

With many seemingly inexpensive software offers circulating online, it’s essential to stay cautious. While these offers may not always be illegal, an unusually low price can be a warning sign of counterfeit or unauthorized software.

To ensure you’re purchasing legal software, follow these tips:

Beware of Counterfeit Data Carriers

Counterfeit software that closely mimics the original is still prevalent. Selling counterfeit products is illegal and punishable by law. Familiarize yourself with the design of authentic Microsoft software to avoid falling victim to counterfeit schemes. If you’re uncertain about the authenticity of a data carrier, you can send it to the Microsoft PID Service for verification.

Illegal Sale of Microsoft COAs

It is prohibited to sell individual Microsoft Certificates of Authenticity (COAs), regardless of their authenticity. COAs are identification devices and may not be sold separately without Microsoft’s consent. They should only be used by authorized entities, such as OEM partners like Lenovo, Hewlett-Packard, or Dell, and Microsoft Authorized Refurbishers (MARs), to label specific products like PCs and DVDs.

Selling COAs alone or alongside unrelated products, such as data carriers or PCs not from authorized channels, is illegal under trademark law.

Selling “Used” Software: What’s Permitted

Under specific conditions, selling and using “used” Microsoft software is legal. The following requirements must be met, and both the seller and buyer must maintain proof:

• The software must have been initially placed on the market within the EU or EEA with Microsoft’s consent.
• The original purchaser must have received an unlimited usage right for the software.
• The software license must have been granted in exchange for a payment that reflects its economic value.
• All copies made by previous owners must be rendered unusable if not transferred to the new owner.

Meeting these conditions ensures that the new buyer can use the software legally according to its original license agreement. Sellers of “used” software are responsible for properly informing buyers about their rights and providing the original license agreement.

Caution: Product Keys Alone Are Not Licenses

A Microsoft product key does not equate to a software license. Product keys merely allow a legitimate license holder to activate their software but do not grant any rights to use it.

If you receive only a product key and a download link, ensure that you also receive a legitimate license agreement. Simply having a working product key does not guarantee legal software usage. Be particularly cautious with product keys for OEM versions of Windows or those issued outside the EEA, as they may not be authorized for use in your region.

Avoid Software on Self-Burned Data Carriers

Software offered on self-burned disks or USB sticks often indicates pirated copies. Legally created backup copies cannot be resold, even if the original data carrier is lost or destroyed, as per a ruling by the European Court of Justice.

By following these guidelines, you can safeguard your business against illegal software purchases. Ensure that any software you buy comes with proper documentation, a legitimate license agreement, and the necessary rights to use the program within legal parameters.