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

[Ryan]

Originally posted by: 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.

Strait from the MS website:

"Personal computer manufacturers, or Original Equipment Manufacturers (OEMs), often have agreements with Microsoft allowing them to distribute OEM Software. OEM software is a special version of software that must be distributed pre-installed on the hard drive of a PC when it's manufactured or bundled with computer hardware. OEM software should never be distributed without a corresponding PC or computer hardware"

 

[NikPreviousAcct]

Originally posted by: Garfang

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.

Actually, it's also legal for you to sell only the CD, if that's all the deal calls for. It's also legal for you to sell only the certificate if that's what the deal calls for. It's just a piece of paper. You can also sell only the CDKey / license if that's what the deal calls for. You bought the license, you bought the CD, you bought the certificate - you can sell any of it that you wish and nobody can tell you what the hell else to do.

Now... if you do something like sell the license, you now don't have the right to use the software on the CD. There are reprocussions to selling bits and pieces, but as long as you abide by them, you can sell anything you damn well please. It's called "free trade"

nik

 

[hans007]

microsoft totally abuses the verio program. its not illegal to sell anything actually. just they are allowed by ebay to enforce their rules that selling oem software is illegal.


anyways, i tried to sell something before, and since i had had an auction canceled previously for oem software they suspended me from ebay. i had to fax my drivers license and all this crap just to get my account reinstated. its not worth it for me as i use ebay a lot. but some auctions always slip though.

 

[Geekbabe]

You need to read the EULA that came with the software,some stuff has to be sold with the system it came with.

 

[rahvin]

Originally posted by: ffmcobalt

Originally posted by: Garfang

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.

Actually, it's also legal for you to sell only the CD, if that's all the deal calls for. It's also legal for you to sell only the certificate if that's what the deal calls for. It's just a piece of paper. You can also sell only the CDKey / license if that's what the deal calls for. You bought the license, you bought the CD, you bought the certificate - you can sell any of it that you wish and nobody can tell you what the hell else to do.

Now... if you do something like sell the license, you now don't have the right to use the software on the CD. There are reprocussions to selling bits and pieces, but as long as you abide by them, you can sell anything you damn well please. It's called "free trade"

nik

I think you need to a little review of contract law. A software license is a contract (you own nothing) and contracts generally cannot be transfered unless the terms of the contract allow it. For example when MS sells licenses to DELL the license is allowed to be transfered with the computer but cannot be seperated from it. You don't own any product, and you don't actually have a license to the product. The license is tied to the product by a negotiated contract that you are incapable of voiding. Pretty fscking simple actually.

 

[ScrapSilicon]

Originally posted by: rahvin

Originally posted by: ffmcobalt

Originally posted by: Garfang

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.

Actually, it's also legal for you to sell only the CD, if that's all the deal calls for. It's also legal for you to sell only the certificate if that's what the deal calls for. It's just a piece of paper. You can also sell only the CDKey / license if that's what the deal calls for. You bought the license, you bought the CD, you bought the certificate - you can sell any of it that you wish and nobody can tell you what the hell else to do.

Now... if you do something like sell the license, you now don't have the right to use the software on the CD. There are reprocussions to selling bits and pieces, but as long as you abide by them, you can sell anything you damn well please. It's called "free trade"

nik

I think you need to a little review of contract law. A software license is a contract (you own nothing) and contracts generally cannot be transfered unless the terms of the contract allow it. For example when MS sells licenses to DELL the license is allowed to be transfered with the computer but cannot be seperated from it. You don't own any product, and you don't actually have a license to the product. The license is tied to the product by a negotiated contract that you are incapable of voiding. Pretty fscking simple actually.

bump it ..sell the case fan and say it comes with free MS Works and as you have not installed the program you are not bound by the software's terms of use..i.e. EULA as the sealed with shrinkwrap legalese sayeth .."For Distribution with new Computer Hardware" ..new case fan = new computer hardware.