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Using Pirated Copy Of Microsoft Windows
Posted by Samama Fahim on September 19, 2023 at 11:15 amNow that Microsoft no longer sells Windows 10, is it halal to use a pirated copy of it while turning off the updates?
Abdul Sattar Ahmed replied 1 year, 1 month ago 3 Members · 10 Replies -
10 Replies
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Using Pirated Copy Of Microsoft Windows
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Faisal Haroon
Moderator September 19, 2023 at 2:29 pmMicrosoft does not directly sell the product anymore in order to promote the newer version. It does not mean that the product is now in public domain. Pirated software breaches the End User License Agreement (EULA) that you agree to when installing the software, and breach of contracts is impermissible in Islam. Also pirated software can contain malware which can cause you problems down the road. There are legal ways to use Windows for free or for very cheap. Please research and use the best option available to you.
How to Get Windows 11 or Windows 10 for Free (or Under $20) | Tom’s Hardware
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Samama Fahim
Member September 20, 2023 at 1:02 pmEven if you download Windows 10 from Microsoft’s website, Microsoft License Terms say: “You are authorized to use this software only if you are properly licensed”. This means skipping the product key step is not acceptable either.
https://www.microsoft.com/en-us/Useterms/Retail/Windows/10/UseTerms_Retail_Windows_10_English.htm
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Faisal Haroon
Moderator September 20, 2023 at 1:38 pm👍
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Samama Fahim
Member September 20, 2023 at 3:50 pmThis link https://www.tomshardware.com/reviews/get-windows-10-free-or-cheap,5717.html suggests a way to use Windows by skipping the product key step. But, why would Microsoft let you skip it in the first place if they don’t want you to use it without it being properly licensed?
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Faisal Haroon
Moderator September 20, 2023 at 3:58 pmI don’t know. You should research on your own to make sure that you are in compliance. I shared that link as a starting point that might help you. It does not mean that I endorse everything that the article suggests.
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Abdul Sattar Ahmed
Member October 12, 2023 at 9:36 amFor breaches of EULA I would make the argument that if the breach of EULA violates the right of the developers like in this case of pirated software, then yes it is wrong.
However on face value it seems that a lot of the terms in the software EULAs seem to be invasive and oppressive to the rights of end users and in this case, the doctrine of fair use exists to protect our rights. Also EULAs are open to interpretation too.
For example if I buy a particular software and the EULA prohibits reverse engineering the software. This reverse engineering makes sense to the extent that if I reverse engineer the software and then distribute it or sell it then it is wrong but if I buy the software reverse engineer it for fun or recreation or otherwise and keep the reverse engineered copy strictly to myself, then that’s fine as it is not affecting anyone else and falls under fair use.
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Faisal Haroon
Moderator October 12, 2023 at 10:20 amConcerns regarding the fairness or the interpretation of the End User License Agreement (EULA) of a given software product does not give one the right to violate the EULA. The proper course of action in such matters is to try to address your concerns with the vendor. If that does not resolve the issue then you have the right to either not use the product, or to pursue a legal recourse.
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Abdul Sattar Ahmed
Member October 12, 2023 at 10:47 amYes. But but different countries have laws like fair use (USA) and fair dealing (Canada) which are there to protect interests (at least commercial ones) of all parties when it comes to copyrighted things.
I started a similar discuss thread earlier this year related to this issue you can check that out if you’d like:-
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Faisal Haroon
Moderator October 12, 2023 at 11:11 amThe Fair Use provision in the copyright law allows for limited use of copyrighted material without the copyright holder’s permission. This, however, does not legalize software piracy, as using copyrighted software without proper licensing or authorization usually does not fall under fair use. Software piracy is illegal as it results in copyright infringement.
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Abdul Sattar Ahmed
Member October 12, 2023 at 11:34 amWith that I 100% agree with you as piracy i) in almost all cases robs the author of their rightful revenue ii) otherwise involves unfair and unconsented distribution of copyright material which only the author has authority to do irregardless whether that particular software or file is on the market or not.
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