Buying or selling unused software.
I see a lot of ads online, also on Ebay, where people are selling software. Software that came along with original equipment, but was never opened.
There are very good deals available, but they sound too good to be true.
Here's an example of one ad.
Quote:
I have an ORIGINAL UNOPENED OEM version of Microsoft Office 2007 Home and Student Edition. I bought it through Dell with a laptop but I don't need this software. It is BRAND NEW and never been opened - the plastic covering is still sealed. It is perfect for students or adults that need to use any of the following programs:
Microsoft Word
Microsoft Powerpoint
Microsoft Excel
Microsoft OneNote
It retails for $149.99 + tax at Best Buy. and I'm asking for only $100. You're saving about $60 by buying from me instead of Best Buy. At this price, it won't last long!
http://www.bestbuy.com/site/olspage....=1158320998618
If you're interested in buying it, e-mail me now and leave your number! Thanks for looking!
*** Just to make it clear, this software is BRAND NEW and NEVER BEEN OPENED! It is factory sealed and comes with original registration code. It is an OEM version.
Are such sales legal? Will there be a backlash from the software manufacturer?
Re: Buying or selling unused software.
there is actually nothing that says you can't re-sell software. The only stipulation is that you can't make copies and sell those... also if you do re-sell the software, you forfeit your license to the new owner and then can no longer legally use the software. MS has already gotten their cut from the sale when they sold it to Dell... Dell then sold it to this guy along with the PC. He can then sell it again to some one else.
-tg
Re: Buying or selling unused software.
Quote:
Originally Posted by
techgnome
there is actually nothing that says you can't re-sell software. The only stipulation is that you can't make copies and sell those... also if you do re-sell the software, you forfeit your license to the new owner and then can no longer legally use the software. MS has already gotten their cut from the sale when they sold it to Dell... Dell then sold it to this guy along with the PC. He can then sell it again to some one else.
-tg
Is there a law that states that this software can only be used with the OEM?
Re: Buying or selling unused software.
Quote:
Originally Posted by
abhijit
Is there a law that states that this software can only be used with the OEM?
No there isn't.
Re: Buying or selling unused software.
This is sometimes called grey market software. The terms are sometimes hard to wade through, but the intent is for this software to be installed by small white-box system builders on systems they make for retail sale.
Here is a link to the most recent terms I have seen:
http://oem.microsoft.com/public/sbli...se_english.pdf
If the forum software has trashed that link you might try:
http://oem.microsoft.com/script/cont...?pageid=552857
Re: Buying or selling unused software.
Just because the software is sealed doesn't mean it is "unused".
The software was installed on the system the person bought. It was simply installed using a different disk (so to speak). When you buy software, it is not the disks and boxes that are important but the license. If the person selling the software has it still installed on their machine, then either you or he is violating that license. Even if you have the box and the disks, it would still be questionable as to who has the license. You'd want to have proof of sale.
An area where you should totally avoid buying software on eBay if you want to be legal is on versions where someone has upgraded. For example if I *upgrade* a copy of software, then generally, what I am doing is transferring my license from the old version to the new. That means I no longer have a license to the old version. Thus, I can't sell the old version even though I have the box and disks, because I don't have the rights (the license) to that version any more. I can't upgrade form VC++ 5 to VC++ 6 and then turn around and sell my VC++ 5 copy. That wouldn't be legal.
As to whether I can actually sell the license I have for software, I strongly recommend reading the licensing agreement. If you buy second had software, then you should also read the agreement to verify you could sell it. Licenses are not fun things to read, but ultimately they are what controls what you can legally do with what you are buying.
To repeat though -- disks and boxes, sealed or not -- are not so relevant. It is the license that is.
Brad!
Re: Buying or selling unused software.
Quote:
Originally Posted by
brad jones
Just because the software is sealed doesn't mean it is "unused".
The software was installed on the system the person bought. It was simply installed using a different disk (so to speak). When you buy software, it is not the disks and boxes that are important but the license. If the person selling the software has it still installed on their machine, then either you or he is violating that license. Even if you have the box and the disks, it would still be questionable as to who has the license. You'd want to have proof of sale.
Although, wouldn't each item have its own license? Say the person bought two copies of the software I would think they would both have separate licenses rather than just one. So if each item has its own license then it would be ok to sell a spare item because you are not violating any agreement because you still have a license for the item you are using.
Re: Buying or selling unused software.
Retail boxed Microsoft products often have terms allowing you to transfer the product to a new machine. Most OEM products don't allow this or even confer upgrade rights to a newer version product though this may be less common now.
The license for System Builder products is normally granted to the System Builder by the pack, and not to the person who has purchased a machine it was installed on:
Quote:
2. Authorized Distribution and Acceptance.
To distribute the Software or Hardware in this Pack, you must be a System Builder and accept this license. “System Builder” means an original equipment manufacturer, an assembler, a refurbisher, or a software pre-installer that sells the Customer System(s) to a third party. You accept this license when you open this Pack. If you choose not to accept this license, promptly return the unopened Pack to your distributor. You may only distribute unopened Packs within your territory. For the territory in which you may distribute, see
www.microsoft.com/oem/sblicense/territory. Individual Software or Hardware units may not be returned after the Pack is opened.
Those unopened packs are to be distributed to OEMs, not end users.
The OEM sublicenses the product to the end consumer. That's where the EULA comes in:
Quote:
5.b. End User License Terms.
You must distribute the Software pursuant to the end user license terms (“License Terms”) that accompany it. Under the License Terms, you are the licensor.
The terms further state:
Quote:
14. Compensation.
Unless otherwise authorized by Microsoft, you will not advertise, give a separate price for, or otherwise market or distribute the Software as separate from a Customer System. However, you may compensate end users for Software or Hardware returned to you under the License Terms.
None of that relates to distribution of physical media. Most OEMs install from master images created using the OPK in the first place and have no reason to open each disk. The license goes with the pack not the individual disks inside it. Some license packs come with one (or no) disks.
OEMs are encouraged to build a restore image on CD/DVD or on the hard drive using the OPK. This adds things like drivers for the system's hardware and any software add-ons. The OEM can choose to pass along the raw OEM disk instead though.
Unopened retail boxed software can always be resold. In many cases it may also be within the license terms to resell opened retail products. Those licenses talk about "transfer rights."
But Brad is right about reselling post-upgrade software. You'd have to fork over all of it or otherwise stop using any of it on your old system. OEM software can only be transferred by selling the whole computer: the COA is the most tangible manifestation of the end user license, and it must be permanently affixed to the system.
Re: Buying or selling unused software.
Bottom line....
Always read the fine print :)
Re: Buying or selling unused software.
That's going to be tough, since most of the online deals are on a take it or leave it basis.
Re: Buying or selling unused software.
Here's something to throw you for a loop. A few years back, a coworker went to China for a trip. He comes back and tells me he bought Photoshop there but he couldn't get it to install, he wanted me to take a look at it. He hands me the disk.
Now this disc is pristine. It's a factory created pressed disc with silver foil and everything. The Adobe Photoshop branding is screen-printed on the back with the equivalent Chinese characters alongside everything. It all looks exactly as I'd expect some Chinese version of Adobe Photoshop to look. I put the disk in my computer to take a peek at the autorun and find out why it's not doing anything.
What I saw blew me away, there was no installer, no autorun, just a pirate RAR archive of some illegal copy of Photoshop and a text file with some pirated serial numbers.
It was a pressed, factory made, screen printed disk! He said he picked it up on the street of Bejing for $1. That there are guys wearing those cocktail waitress style cigar carry trays filled with disks like these of every program you can imagine for $1 each. Every one of them, a pressed factory made screen printed disk.
As an extension of that, I don't trust any software sold on eBay.
Re: Buying or selling unused software.
Quote:
Originally Posted by
Jenner
Here's something to throw you for a loop. A few years back, a coworker went to China for a trip. He comes back and tells me he bought Photoshop there but he couldn't get it to install, he wanted me to take a look at it. He hands me the disk.
Now this disc is pristine. It's a factory created pressed disc with silver foil and everything. The Adobe Photoshop branding is screen-printed on the back with the equivalent Chinese characters alongside everything. It all looks exactly as I'd expect some Chinese version of Adobe Photoshop to look. I put the disk in my computer to take a peek at the autorun and find out why it's not doing anything.
What I saw blew me away, there was no installer, no autorun, just a pirate RAR archive of some illegal copy of Photoshop and a text file with some pirated serial numbers.
It was a pressed, factory made, screen printed disk! He said he picked it up on the street of Bejing for $1. That there are guys wearing those cocktail waitress style cigar carry trays filled with disks like these of every program you can imagine for $1 each. Every one of them, a pressed factory made screen printed disk.
As an extension of that, I don't trust any software sold on eBay.
I have seen similar disks being sold in Mumbai (Fort area). You name the game, they get it for you. The price is roughly a couple of dollars.
