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!