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I bought a laptop (new) with Win 8.1 installed. I removed the hard drive and want to sell it on eBay, but want to know if I can advertise it as an HDD with Windows 8.1 installed? Thanks.

ArtVandelay
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    perhaps. Iff the new system has the exact same hardware, then yes. if not, then it depends on whether the hardware present can be operated by generic drivers already on the hard disk and then only if the hardware is a peripheral that loads later in the boot process. **In all other cases, it will not work**. In even the best case scenario, it will introduce the probability for subtle, long term issues, and leaves you with an unclean system state. Also note, this process will violate any OEM licensing, and may require a reactivation of windows. In general it is discouraged. – Frank Thomas Mar 12 '16 at 00:39
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    No; The copy of Windows cannot be transferred to another machine; the HDD is only worth the price of a HDD – Ramhound Mar 12 '16 at 00:41
  • 1) Can you sell a hard drive that contains Windows, OEM or otherwise? Yes, you aren't under an obligation to wipe the drive. 2) Can you advertise that it contains Windows? Certainly, if the information is intended to convey that the drive has significant space occupied that would be the onus of the buyer to wipe. 3) Can you claim or imply that the buyer would be able to use the Windows? No, that would be misleading. 4) Could the buyer use the Windows in another system? Not in compliance with the license (assuming it's OEM), and would likely find that it stopped working after 30 days. – fixer1234 Mar 21 '16 at 03:20

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If its an OEM license the License binds to the motherboard - not the hard drive, so you can't legally sell it. If you are selling a non OEM version then you need to provide the license key, and the hard drive is rather irrelevant.

You can't typically put a Windows OS install in another non-identical system as it won't have the drivers and won't work. There are some edge cases where it will work or can be coerced to work, but these would not apply if you are selling the hard drive on the open market.

davidgo
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I believe it would be a violation of licensing laws if you were to sell windows (even a version on your hdd) to anyone else. You bought it, but you may not sell it. For your use only.

ThatDangDev
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  • You are correct, this is likely illegal, but the op has not provided any information about the licensing type. In very narrow circumstances, it is permissible to transfer a windows license to another party. This of course assumes Retail licensing, unless the seller is an OEM, distributing the software as part of a built system. http://superuser.com/questions/225253/transfer-of-ownership-of-windows-7 One important thing to note, is in the US, the First Sale doctrine applies to licensed materials sold on physical media, and can be transferred as an inherent right. Downloads are different. – Frank Thomas Mar 12 '16 at 01:11