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Are Microsoft CAL's /software licenses purchased on Ebay valid if not previously used?

Posted on 2014-12-17
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Last Modified: 2015-04-17
We are a small business working our way through a MICROSOFT audit. We have some older servers that we are unable to find licensing for when purchased, 2003 server to be exact. We found CAL's and server licenses on EBAY that are reasonably priced compared to what we would spend if purchasing brand new licenses for 2012 server to cover. Are these CAL's legal to use to become compliant if they were never opened and used? Also, same question for previously unregistered server licensing....Can we purchase and use for licensing reasons?
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Question by:TRSupport
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8 Comments
 

Author Comment

by:TRSupport
ID: 40504785
FYI, we did discover that at one time it was legal to purchase used software from company in Europe but courts have taken that option away for those of us in the US at this point.
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LVL 24

Expert Comment

by:VB ITS
ID: 40504814
Honestly the people performing the audit will probably find out about this anyway as they often require proof of purchase, so I wouldn't recommend going down this path.
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LVL 6

Expert Comment

by:ajeab
ID: 40506261
if it is retail box. most likely is OK.  look on the server. it maybe OEM build in.
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LVL 83

Accepted Solution

by:
David Johnson, CD, MVP earned 2000 total points
ID: 40506449
Server CALS are nothing more than a piece of paper (your receipt), same with SQL CAL's, RDS cal's are the only ones that are monitored.

I would not spend any money at all on Server 2003
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LVL 6

Expert Comment

by:ajeab
ID: 40506535
They are getting audit. That why they need it.
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Author Comment

by:TRSupport
ID: 40532160
So, am I to understand that I cannot purchase Microsoft software from Ebay that is unopened and unregistered and be compliant for Microsoft auditing purposes? I would assume the registration key inside that has not been used would be my proof, no?
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LVL 6

Expert Comment

by:ajeab
ID: 40547310
if it's retail then, maybe.
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LVL 83

Expert Comment

by:David Johnson, CD, MVP
ID: 40547723
you could use ebay/amazon to purchase what you need.  The legitimacy of the purchased product may be questionable though.
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