I will start by saying, I'm not a Microsoft apologist, but I do take a stand against copyright infringement and software piracy.
From the
Rules of Conduct:
Violations - It violates the Tom's Hardware Rules of Conduct if you engage in any of the following activity:
2. Promote or encourage activity which is illegal, such as hacking, cracking, scamming.
While the examples given with point 2 don't directly fit the case of this thread, unauthorized copying of software is illegal. Copyright law protects software authors and publishers, just as patent law protects inventors.
I consider encouraging the transfer of a non stand-alone Windows 10 license to be prohibited by point 2 under the Violations section of the Rules of Conduct, as Microsoft has both a restrictive license and does not include allowance for such transfers under the licensing terms required for use of their product. This therefore constitutes non-compliance with the license agreement, as it is using legally-obtained software in a way which falls outside of the license terms.
I would have responded sooner but was waiting for a call-back from MS support staff. The representative didn't add anything to the conversation, just reiterated that if you started with OEM software and upgraded to Windows 10 for free during the 1 year window, you're still bound by the transfer restrictions of your licensing agreement with Microsoft.
Let me attempt to clarify here. Activation and licensing are not one and the same. The two of you (Colif and USAFRet) seem to be confusing or conflating activating with licensing. Just because you can activate Windows 10, does not mean you have a valid license for it.
The Windows 10 license agreement identifies licensing as separate from activation and specifically states that, "
Successful activation does not confirm that the software is genuine or properly licensed."
5. Authorized Software and Activation. You are authorized to use this software only if you are properly licensed and the software has been properly activated with a genuine product key or by other authorized method. When you connect to the Internet while using the software, the software will automatically contact Microsoft or its affiliate to conduct activation to associate it with a certain device. You can also activate the software manually by Internet or telephone. In either case, transmission of certain information will occur, and Internet, telephone and SMS service charges may apply. During activation (or reactivation that may be triggered by changes to your device’s components), the software may determine that the installed instance of the software is counterfeit, improperly licensed or includes unauthorized changes. If activation fails, the software will attempt to repair itself by replacing any tampered Microsoft software with genuine Microsoft software. You may also receive reminders to obtain a proper license for the software. Successful activation does not confirm that the software is genuine or properly licensed. You may not bypass or circumvent activation. To help determine if your software is genuine and whether you are properly licensed, see (aka.ms/genuine). Certain updates, support, and other services might only be offered to users of genuine Microsoft software.
You can drive a car without a license, but that doesn't mean it's proper or legal to do so.
There is no direct link between activating and licensing as licensing involves a non-software, paper trail as it were, which the activation process cannot validate to ensure whether your are properly licensed. Activating only validates whether you have a valid key or used another authorized method.
You could steal a valid key and activate just fine. It isn't your key, therefore you do not have a valid license.
You could use a VL key and activate just fine. If the company that paid for the VL key hasn't allowed it's use in this fashion, you do not have a valid license.
I'm sure there are more possible scenarios.
Microsoft is unlikely to close all avenues in which software activation will occur regardless of license status. The MCT (Media Creation Tool) is facilitated by users licensed under the CSP (Cloud Solution Provider) agreement to move to Windows 10, so not-allowing valid Windows 7 - 8.1 version keys to activate would cause endless headaches for Microsoft by preventing valid activations.
So, yes, you may have found a loophole in the activation process, allowing some to move their free Windows 10 upgrade (
only a valid license if acquired during the 1 year upgrade window, or using the disability extension program within it's valid time window) from a machine licensed under OEM restrictions to one it is unlicensed for, and it will activate, but you shouldn't do that.
We should not promote methods of getting around proper licensing.
The EULA for Windows 10 is restrictive. Copies not allowed for in the licensing agreement are prohibited, except where local law says otherwise.
2. Installation and Use Rights.
c. Restrictions. The device manufacturer or installer and Microsoft reserve all rights (such as rights under intellectual property laws) not expressly granted in this agreement. For example, this license does not give you any right to, and you may not:
(iii) transfer the software (except as permitted by this agreement);
I pointed out with my previous post, the copy / transfer allowances made by Microsoft. Nowhere in the Windows 10 licensing agreement is it specified a user may transfer a Windows 10 upgrade license based on preinstalled software.
Stand-alone software products, such as a Retail Upgrade, are specifically covered, and you may transfer the license after deactivating it on the machine it is currently installed on.
I'm open to reasonable counter arguments backed by actual licensing documentation if either of you care to provide it, otherwise my stance on this matter is unchanged. The OP is attempting to transfer his free and legally-obtained Windows 10 upgrade license in a manner that is outside the terms of it's licensing.
Choices available for the OP's new computer are, purchasing an OEM Windows 10 license, which will be permanently bound to that machine, or a Retail Windows 10 license, which he may deactivate on that machine in the future for the purposes of moving the license to another.