Can I legally resell OEM software that came with a system purchase?

[Salvador]

Hi,

I bought a Dell system a while back and wanted to sell off the OEM MS Works Suite separately. Can I legally sell this software package? It was never installed on the pc and is still sealed in the OEM package.

TIA,

Sal

 

[Ryan]

yea, but it must be sold with some type of hardware(If you want to sell it on ebay).

MS says it must be sold w/ the hard drive.

You can sell it on the FS/t forums by itself

 

[bmacd]

Originally posted by: rbloedow
You can sell it on the FS/t forums by itself

How is that possible? Have you read the end-user license agreement? I honestly don't think you can do that.

-=bmacd=-

 

[amdskip]

The hard drive can be a dead one too and you may be able to get by with just a screw for the piece of hardware.

 

[TNTrulez]

Originally posted by: bmacd

Originally posted by: rbloedow
You can sell it on the FS/t forums by itself

How is that possible? Have you read the end-user license agreement? I honestly don't think you can do that.

-=bmacd=-

Yes you can do that. What does MS have to do with anything that you can and cannot do?

 

[notfred]

The EULA does not apply in this case. You don't agree to the EULA until you open and install the software. This is still sealed in the CD case. Therefore, he never agreed to abide by the EULA.

Sell it if you want.

 

[minendo]

Originally posted by: rbloedow
You can sell it on the FS/t forums by itself

Actually he must include a piece of hardware per the For Sale/Trade Rules.

 

[Salvador]

It is sealed in the OEM packaging and I was thinking about selling it with a stick of 8mb (useless to me) EDO RAM to fulfill the hardware agreement.

What do you think?

Thanks again.

Sal

 

[tm37]

Originally posted by: Salvador
It is sealed in the OEM packaging and I was thinking about selling it with a stick of 8mb (useless to me) EDO RAM to fulfill the hardware agreement.

What do you think?

Thanks again.

Sal

That should be enough for this forum HOWEVER,

That software is licenced to be run on your dell and your dell only. If you don't agree with the EULA agreement you are sopposed to to send it back to the vendor for a refund.

 

[hans007]

technically, there is nothing sopping you.


legally you could sell OEM software to anyone, just microsoft has such a strangle hold on all the online sales and auction sites that it just doesnt happen. But it happens grey market all the time, and there is absolutely nothing microsoft can really do about it , if they dont have some sort of control over you (i.e. they wont sell you more, or they are registered as a verio manufacturer with ebay or whatever)

 

[iamwiz82]

i had an ebay auction of mine cancelled because of this. If the Cover states "For Distribution with a New PC Only" it can ONLY BE SOLD WITH SAID PC.

If the COA has a small D near the product key, then you can resell it with a piece of hardware.

 

[Salvador]

i had an ebay auction of mine cancelled because of this. If the Cover states "For Distribution with a New PC Only" it can ONLY BE SOLD WITH SAID PC.

My software says "For Distribution with new PC Hardware". To me that doesn't say that I have to sell it with a pc. The only sticking point would be that my RAM (that I plan to pack along with the software) is used. I don't know if it's used or not. It looks new to me.

So.. Could I get kicked off Ebay for this?

Sal

 

[RaynorWolfcastle]

bah, pack it with a new case fan or something and avoid the headache

-Ice

 

[Salvador]

bah, pack it with a new case fan or something and avoid the headache

Heh.. Great idea! I have a couple of new case fans that I'll never use because they are too noisy.

I should be fine doing this then? Packing my OEM software with a new case fan? Should I specify that I'm selling a new case fan with the software in the auction?

It appears that others are selling OEM software with used hard drives. That doesn't really fit the "new" hardware category even though it is a hard drive. I believe all of this is a gray area.

Thanks again,

Sal

 

[iamwiz82]

Originally posted by: Salvador

i had an ebay auction of mine cancelled because of this. If the Cover states "For Distribution with a New PC Only" it can ONLY BE SOLD WITH SAID PC.

My software says "For Distribution with new PC Hardware". To me that doesn't say that I have to sell it with a pc. The only sticking point would be that my RAM (that I plan to pack along with the software) is used. I don't know if it's used or not. It looks new to me.

So.. Could I get kicked off Ebay for this?

Sal

thats legal, then. Only ones that say NEW PC are illegal.

 

[mithrandir2001]

Sell it. It's like the RIAA trying to get a cut out of all the used music CD sales.

MS doesn't make their profits from home users buying OSs. We need to save money so we all cut corners. Breaks the EULA, but oh well.

Glance at MS pricing for Commerce Server, SQL Server and Win2K Advanced Server and you'll see where the REAL revenues are made.

 

[iamwiz82]

Originally posted by: mithrandir2001
Sell it. It's like the RIAA trying to get a cut out of all the used music CD sales.

MS doesn't make their profits from home users buying OSs. We need to save money so we all cut corners. Breaks the EULA, but oh well.

Glance at MS pricing for Commerce Server, SQL Server and Win2K Advanced Server and you'll see where the REAL revenues are made.

The pricing isn't too bad, considering the revenues being made by a company. We recently got the MS Server Pool and it comes with tons of cool stuff.

 

[NikPreviousAcct]

If you bought it, it's yours. Why not, right?

nik

 

[Salvador]

Thanks!! Should I list what "hardware" I'm selling in the auction or should I be vague about it? I've seen some people say "qualifying hardware". A new pc case fan is new pc hardware the way I see it.

Thanks again.

Sal

 

[Thegonagle]

Originally posted by: ffmcobalt
If you bought it, it's yours. Why not, right?

nik

That's right. You're not selling it as new software, but as used. As long as the original certificate accompanies the original disc, this is perfectly fine and perfectly moral.

 

[apoppin]

Be careful . . . some of the software will not work with any but a Dell system (without a work-around).

 

[hamburglar]

I tried to sell this too. Msoft stopped my auction and I had numerous emails exchanged with them about it. they basically said if you don't have a 'd' written on the serial number, then you can't sell it unless it comes with the entire computer that you bought. But then i asked why the other auctions went thru, which were selling the exact same things. They replied by saying that those COULD be sellable. It depends. Im really pist cause they stop some auctions, and not others. I successfully sold on a few months ago, but not this time around. Its all a matter of chance.

 

[Salvador]

I tried to sell this too. Msoft stopped my auction and I had numerous emails exchanged with them about it. they basically said if you don't have a 'd' written on the serial number, then you can't sell it unless it comes with the entire computer that you bought. But then i asked why the other auctions went thru, which were selling the exact same things. They replied by saying that those COULD be sellable. It depends. Im really pist cause they stop some auctions, and not others. I successfully sold on a few months ago, but not this time around. Its all a matter of chance.

This software doesn't say Dell on it anywhere. I can see the OEM Windows being tied to the system, but not this software. It didn't even come installed on the pc when I got it. It was just in a plain, sealed brown package.

How long ago did you try to sell your MS Works? I remember thinking about selling it a few months back and saw others just like mine being sold. Now, there is some jackas* flooding Ebay with tons of retail versions saying that everyone selling OEM software is doing something illegal. I betcha this guy is the one turning people in to MS for selling OEM software even if they are selling it with a piece of hardware.

What sorts of things did MS say to you for a reason why you couldn't sell or auction your software?

Thanks again.

Sal

 

[Ryan]

Ebay only requires you to include a piece of hardware. I'm sold two copies of Windows XP that were marked "For Distribution only with a new pc" with a stick of ram, and my auctions weren't stopped. I have also sold numerous OEm copies of Office 97 the same way.

I have also sold OEM software on teh FS/T forums by itself, and didn't have any problems.

 

[iamwiz82]

Originally posted by: rbloedow
Ebay only requires you to include a piece of hardware. I'm sold two copies of Windows XP that were marked "For Distribution only with a new pc" with a stick of ram, and my auctions weren't stopped. I have also sold numerous OEm copies of Office 97 the same way.

I have also sold OEM software on teh FS/T forums by itself, and didn't have any problems.

all that means is that you werent caught. Just because you werent caught does not mean it is legal.