is it ok to sell 'for distribution with a new pc only' software?

Sensai

Senior member
Nov 30, 2002
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basically that covers the question...... software is unused with license and keys on the back of the case
 

TheBoyBlunder

Diamond Member
Apr 25, 2003
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Technically...probably not. Realistically...you could probably get away with it. It does depend on one thing...is this going to be a home user to home user transaction? Or would the software be going to any sort of business?
 

ethebubbeth

Golden Member
May 2, 2003
1,740
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you're trying to sell an oem copy of windows, right? MS doesn't like it but you can prolly get away with it.
 

fredtam

Diamond Member
Jun 6, 2003
5,694
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'for distribution with a new pc only" The only way to get around this is become a reseller at which point Microsoft allows you to sell it provided it is accompanied by the sale of hardware. This isn't something you recieved with a computer is it? I wouldn't be selling a bunch of it. Bill is watching through your PC right now.
 

redbeard1

Diamond Member
Dec 12, 2001
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You might stop over to the for sale/trade forums and look at the trading rules. I believe they have a reasonable explanation on what's allowed.
 

anandfan

Senior member
Nov 29, 1999
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You can find software like that for sale all the time at the computer shows.

The biggest caveats I can think of are:
1) No support from the software manufacturer
2) If you are the OEM that bought the software originally and then sold it without a computer and the software manufacturer found out about it, you might lose your ability to purchase that software at a discount.

For the average user, if you got the software legally (that is, you didn't steal it), I say it's yours and you can sell it in a person-to-person tranaction.

P.S. See you posted this in multiple forums. Shouldn't do that!!
 

fell8

Senior member
Nov 12, 2001
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As long as you never installed it on a computer you are not bound by the EULA, which means you can completely legally dispose of that property any way you see fit. Good luck. (I assume we're not talking about piracy, which is illegal no matter what)
 

jfall

Diamond Member
Oct 31, 2000
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I thught you could legally sell if it you included any piece of hardware from the computer. Technically I believe you could sell it legally if you included case screws lol
 

OverVolt

Lifer
Aug 31, 2002
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Ummm you can technically sell it "legally" of you sell him, say a $100 IDE cable and bundle your OEM XP Home with it. If you budnle it with something then your good to go.

Thats how most of the stores i buy my OEM copies of XP do their busienss keeping microsoft off their backs.
 

Kingofcomputer

Diamond Member
Apr 6, 2000
4,917
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Not legal, MS or BSA can ask FBI or your local police or custom to catch you and put you to jail and fine you.
Many people and companies are still selling real oem software alone or bootleg oem software locally and by internet.
 

dexvx

Diamond Member
Feb 2, 2000
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Originally posted by: OverVolt
Ummm you can technically sell it "legally" of you sell him, say a $100 IDE cable and bundle your OEM XP Home with it. If you budnle it with something then your good to go.

Depends on the OEM contract. If its a generic OEM contract, then as long as you include hardware with it, its legal. Officially, Microsoft defines it as a harddrive, but they realy dont give a damn if you sell it with an IDE cable.

If it says "Distributed with a Dell OEM PC", then no, its illegal to sell it without the Dell PC.
 

Davegod

Platinum Member
Nov 26, 2001
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if you try and sell OEM software by itself, as soon as you hand over the disk there will be lightning, then a thunderclap and when you finish blinking you will find yourself teleported into a prison cell deep in the bowels of HELL.

Read the liscence, and see what is technically legal or not. Then feel free to ignore it because noone gives a toss, including MS, and its certainly not worth anybodys time chasing it either.

Hands up anyone who even thinks anyone will get so much as annoyed at Sensai for selling an OEM peice of software?