Mods, I believe we need some clear cut rules about selling NFR software (specificly MS) in FS/T

[MrBond]

Normally, I'd have sent this off in a PM, but I'm far from an expert on MS's Not For Resale policy, so hopefully someone else (who has it in front of them / is holding an EULA from a NFR piece of software, etc) can help.

Latly I've seen two threads (I'm sure there are more) with people selling the NFR titles from microsoft that they recieved for free in the Hot Deals forum. I remember reading something (somewhere) about MS cracking down on ebay auctions for software like this, but it's all a little fuzzy (I don't remember if it was OEM software or NFR). At any rate, in one thread in particular (Subscriber / Standard), there's a lot of discussion about the legality of it.

If a mod could sticky a thread at the top of FS/T with their position on it, that'd be great. In the mean time, I'm off to microsoft's site to find their policy on NFR titles.

Edit: I see he made it a Trade post. Still, I saw someone else selling the software last night, so it is going on.

Edit (again): Here's something I found about their NFR policy on MSDN:

<< The standard version has the following clause, in the event that it is used in the NFR SKU:

NOT FOR RESALE SOFTWARE/DEVELOPER EDITION SOFTWARE. Product identified as "Not for Resale" or "NFR," may not be resold, transferred or used for any purpose other than demonstration, test or evaluation and you may only access and utilize the Server Software of such Product to the extent such access and use is authorized by the CALs accompanying the "Not for Resale" or "NFR" Product. Product identified as "Developer Edition" or acquired through MSDN may only be used according to the terms and conditions of the MSDN license agreement. >>

 

[olds]

I PM'd the Mods on this a couple of weeks ago. They never responded. I called Microsoft. They said if it has a COA it can be re-sold.
EDIT
We talked about it here

 

[iamwiz82]

<< I PM'd the Mods on this a couple of weeks ago. They never responded. I called Microsoft. They said if it has a COA it can be re-sold.
EDIT
We talked about it here >>



microsoft's phone support has their head up their asses. YOu could call 5 times and get 5 different answers. Ebay handled it by forcing those selling OEM NFR copies by requiring a piece of hardware with it, and that is how i do it, normally.

 

[olds]

Does OEM NFR come with a COA?

 

[Maetryx]

OEM!!!! NFR!!!!! COAaaaaaaaaaaaa!!!!!!!!!!!!

 

[MISMan]

Well guys, I work for Microsoft, and have contacted the chief council for our region, and the license agreement holds true.

You can NOT sell NOT FOR RESALE Software. You can trade, you can give, but can not SELL it. Technically even selling a worthless trinket and "giving" it away is not legal since you are inferring the value of the NOT FOR RESALE item on an item that would otherwise not garner the same value. For example, if you will buy a drawing from Someone for $150, then that is kewl and if he gives you a copy of NFR software as well kewl, but IF he did not give you the software and you would not infer the same value (Buy the item for the $150 still) then voila, you are placing the value of the NFR item on top of an otherwise less valuable item.

Another example. You NEVER see a legitimate retailer saying - Hey, buy this computer for an inflated price and we will GIVE you Windows AND Office. They have OEM copies specifically for them.

 

[Red Dawn]

<< Technically even selling a worthless trinket and "giving" it away is not legal since you are inferring the value of the NOT FOR RESALE item on an item that would otherwise not garner the same value >>

Technically huh? That means that they won't pursue the issue because it isn't worth their time to try and prove that the items sold prices were influenced by the Software.