When selling Windows 10 upgraded PC - Legally do I HAVE to include obsolete OEM disks?

[mysickpc2]

When I now resell an OEM ( DELL ) PC with OEM Windows 7, I need to include the Factory Windows 7 OEM OS Disk that came with that unit.

After I upgrade the unit to Windows 10 do I still HAVE to include the original OEM disk ( in-spite of the fact that the disk is useless and no longer valid for that PC and the Windows key associated with it will no longer be active) or can can I recycle the disk and sell the PC without it , reducing the complications of including software that the new owner cannot even use???

My question is: If I upgrade the machines thru the online Windows 10 upgrade process and resell those machines do I NEED to supply the original/MRR DVD media ?? I’m specifically asking if I NEED TO in order to satisfy the Microsoft Licensing Agreement, if I NEED to include the original restore DVD. Or if I can recycle the old DVD into plastic ?

If I were to upgrade an HP, Acer, Gateway ( as example ) to Windows 10 it will erase the factory restore media/partition on the hard drive, hence I am NOT even capable of supplying a restore disk or restore option to the end user for the old (obsolete) version of Windows 7 currently on it.

I’m trying to locatd an official "attorney type" answer to be sure I’m fully legal and compliant, and haven't really had any luck - I’ve had people say it would be nice if I did. But, I'm looking for YES you have to or NO you don’t have to because the restore media is no longer valid for that machine after a Windows 10 Upgrade. I don’t see the logic to supply a disk that will no longer work with that machine , but I don’t want MS’s Attorney’s calling and saying I haven’t been doing it right.

 

[DSzymborski]

From the OEM Licensing FAQ from Microsoft.

<BLOCKQUOTE>
Q. Can my customers transfer or sell their OEM software licenses?
A. After an OEM software license has been installed on a PC, the license may not be installed on or transferred to another PC. However, the entire PC may be transferred to another end user along with the software license rights. When transferring the PC to the new end user, the software media, manuals (if applicable), and Certificate of Authenticity label must be included. It is also advisable to include the original purchase invoice or receipt. The original end user cannot keep any copies of the software.
</BLOCKQUOTE>

In other words, to stay within the letter, everything must be included.

But realistically, the chances of a Microsoft attorney calling you because you resold an old PC with an older OEM windows and didn't include the original disk are significantly less than you living to the age of 800,000 and becoming king of the Morlocks. That's not really hyperbole either.

From a technical standpoint, anyone even buying one of those OEM licenses from NewEgg or every other computer tech site in existence for a PC they build for themselves is in violation of the rules and nobody's getting phone calls from lawyers.