Question Misleading instructions, unless I'm wrong ?

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Oct 19, 2022
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Hi All,

I really dont like misleading data especially from a great company!

Please can someone confirm/explain why Microsoft say this:

Create Windows 10 installation media​

To get started, you will FIRST NEED to have a license to install Windows 10. You can THEN download and run the media creation tool. For more information on how to use the tool, see the instructions below.

Found on this page:


From my understanding you do not need such to create windows 10 let along run it.

Thank you.
 
A little know fact ... if you unknowingly buy a fake copy of windows and can prove to microsoft where you got it from they will reward you by giving you a new licence key so you can register the bootleg/fake copy of windows .. or at least they use too !
 

DSzymborski

Titan
Moderator
They have to enforce that you need a licence even to download windows because that's required by law to show proof of them defending that property.
If they don't do it they lose any possibility of suing people for piracy.
The user agreement that you have to agree with to install windows says that you will only install windows in the case that you have a licence and allow it to validate as fast as possible afterwards.

Unless I'm misunderstanding your point, it appears you're conflating copyright law with trademark law and patent law. In order to retain your trademarks and patents, you *do* have to defend them in order to retain those rights. You do not have to defend a copyright in order to enforce your rights, however. Microsoft has to actively pursue other people who use their mark in the course of doing business, but they don't have to chase down software pirates in order to protect their intellectual property (subject to any statute of limitations on an offense, of course, which is three years for a civil claim).
 
My guess as to why Microsoft allows essentially a free nearly unlimited demo of Windows 10 is simply this: they want people to use Windows.

Smaller points surrounding that larger point:
  • Most people who use Windows don't buy a standalone Windows license. They're only using Windows because it came on the computer they purchased.
    • Like it or not, the DIY market is tiny compared to the rest of the people who use a computer. To put it in another perspective: lots of people drive cars, but how many people do you know that wrench on their car or even know how to do something like check the tire pressure? Well, assuming you're not already in some group for this
    • It's also much easier to go after a company than it is to go after individual Joe Schmoes.
  • Because Windows is basically the OS for office administration (which every company needs), along with various other services, letting consumers use Windows for free basically "trains" them so that Windows is going to continue being theoffice administration OS.
    • I've heard a similar story with Adobe with their Photoshop suite a long time ago. Sure they cared about people pirating it, but not to a major extent. Why? Because Photoshop is the image editing software in a professional setting. Letting college kids use it anyway means they're training on it and it's the only thing they know how to use when they get out.
 
Unless I'm misunderstanding your point, it appears you're conflating copyright law with trademark law and patent law. In order to retain your trademarks and patents, you *do* have to defend them in order to retain those rights. You do not have to defend a copyright in order to enforce your rights, however. Microsoft has to actively pursue other people who use their mark in the course of doing business, but they don't have to chase down software pirates in order to protect their intellectual property (subject to any statute of limitations on an offense, of course, which is three years for a civil claim).
Oh ok, yeah I was thinking of copyright.