Can FutureDial do this to me?

[Toasthead]

Let me know what I can do...

My wife bought me some futuredial software at a local Fry's Electronics some time ago and gave it to me recently. Well I have changed cell phones and I dont really need their software on my new phone. Fry's wont take it back becuase we have had it too long, and it is completely UNOPENED and BRAND NEW. Futuredial is sending me emails now saying im not an 'Authorized reseller' and therefore I cannot post these for sale on Ebay. Is that legal? Once I buy something isnt it mine to do what I want with. I NEVER opened it so I am not bound by their EULA ( right?)

I dont think they have any right to tell me what I can and cant do with this item, what do you think?

Here's the email they sent me


Dear xxxxxx,

We are currently closing down E-Bay sellers that are not authorized to
sell our FutureDial Software? We are asking for a proof of purchases of
these software that you are selling on ebay. Are any of these software
open? FYI: Software that was once installed on a PC or open box and then
resells on E-bay is a violation to End User License Agreement (EULA). If
you would like to be authenticated as an authorized reseller of
FutureDial products, please contact FutureDial via e-mail at
piracy@futuredial.com. Please response before further action is taken.


Thank you,
futuredial

 

[dabuddha]

Tell them to go tuck themselves.

 

[Kipper]

According to what they wrote in the e-mail it seems sealed box is ok.

 

[yukichigai]

Just tell them this is a one-time sale, and that you have not opened the software. There are protections for individuals who sell personal inventory, i.e. not professional resellers. I am unsure as to the specifics regarding software, but I am fairly certain a one-time sale of a particular, unopened piece of software can be done without paying some exorbitantly(sp?) high reseller fee.

 

[Nanotech]

Originally posted by: dabuddha
Tell them to go tuck themselves.

Yep, they clearly stated that since what you have is unopened you are not in violation of the EULA and just b/c your not an authorized reseller doesn't mean you can't sell their item it just means that whomever buys that product from you may not be offered support by them.

 

[Toasthead]

Originally posted by: MadCowDisease
According to what they wrote in the e-mail it seems sealed box is ok.

I would think so, but they sent me the following email after I told them I had NEVER opened the software.

Gxxxx,

Sorry to hear that we do not support your phone make and model, so go ahead
and sell this one copy of FutureDial Combo CD, but please do not post the
snap media or any other FutureDial software on e-bay in Future reference
without license agreement from FutureDial to resell software it will be
pulling off of e-bay.


Thank you for your time,

Piracy Support Group.


So now they are telling me its okay to sell one but not the other? should I take this to Ebay? will they help or will they just cower to futuredial?

 

[EagleKeeper]

Sell the package and then forward the info to E-Bay.

 

[yukichigai]

I think what they mean to say in their broken english is that you are okay for a one-time sale of the package, which is what most of the laws cover. You probably weren't clear enough that you acquired two copies because you acquired two phones. Email them back and make that point very clear; they'll likely give you the go-ahead to sell those two and then no more copies.

 

[Thegonagle]

Originally posted by: Toasthead

Originally posted by: MadCowDisease
According to what they wrote in the e-mail it seems sealed box is ok.

I would think so, but they sent me the following email after I told them I had NEVER opened the software.

Gxxxx,

Sorry to hear that we do not support your phone make and model, so go ahead
and sell this one copy of FutureDial Combo CD, but please do not post the
snap media or any other FutureDial software on e-bay in Future reference
without license agreement from FutureDial to resell software it will be
pulling off of e-bay.


Thank you for your time,

Piracy Support Group.


So now they are telling me its okay to sell one but not the other? should I take this to Ebay? will they help or will they just cower to futuredial?

Reply back, to the same guy if possible, and tell him, to clarify, that you had originally bought two, and you will be selling both of them, this one time.

Then just list them. That's what I would do.

 

[bossanov]

Offer to give it away free and see what the have to say.

B.

 

[FelixDeCat]

What the heck is futuredial?