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Nero 6 for $9.99 + 5.95 shipping! EDIT: Dont Bother, OEM software being sold. Pretty Sketchy

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Yeah, OK JPSJPS...you are somehow an authority on my intentions. The $15 off $75 coupon OD mentioned in the thread you linked to was widely circulated via email. The $20 off $75 I mentioned is given to you automatically when you buy through eBates. Fraud...gimme a break. If what you said is considered fraud, and punishable by law, this whole forum would be investigated by the FBI. I mean, c'mon. You are reaching.

You guys have spent more time whining about the whiners than the actual whiners have whined. So there. 🙂

 
Originally posted by: sk3tch
Yeah, OK JPSJPS...you are somehow an authority on my intentions. The $15 off $75 coupon OD mentioned in the thread you linked to was widely circulated via email. The $20 off $75 I mentioned is given to you automatically when you buy through eBates. Fraud...gimme a break. If what you said is considered fraud, and punishable by law, this whole forum would be investigated by the FBI. I mean, c'mon. You are reaching.
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They all got that $15 coupon in the mail - YEA RIGHT!
The coupons used by most here here are all legal - YEA RIGHT!!


You guys have spent more time whining about the whiners than the actual whiners have whined. So there. 🙂
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Doesn't work! You are whining because you can not buy $180 worth of software for $30! What planet are you living on? Anybody other than a newbie knew that this deal would not be retail software.


 
🙂 Now this has escalated into all coupons used on this forum are illegal...hmm...ok.

Perhaps I *am* an idiot for thinking this would be legit software (I did not ever say retail), but that is what I thought. Why would I post that if that wasn't what I thought? To cover my ass or something?? If I wanted to cover my ass at all I would have bought this, and never posted anything at all. I don't even understand why you are continually whining about what people that bought in on this deal think or do not think.
 
like I said befor ....any one want a PIC here it is .............I bought one and I don't have a problem Yet.....
 
I don't get it...a joint terrorism task force agent's business card? 🙂

Must just be me...after all, I WAS dumb enough to buy this software thinking it was legit. 🙂
 
Originally posted by: Bryan
Originally posted by: CherryBOMB
like I said befor ....any one want a PIC here it is .............I bought one and I don't have a problem Yet.....

OH NOES!!! IT'S DA FUZZ! EVERYONE GRAB YOUR COUPONS AND RUN! AIIIEEEEEEEE!!
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Now why don't you remove my link from your post! Edit:!
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Suckers,LOL.Too bad it wasn't "legit" for all the people trying to "do the right thing". Another hot deal will come along; (every minute),LOL.🙂
 
I received my software. LOL. And they are crediting my account. LOL. So in the end, the company made good. LOL.
 
Originally posted by: AMDBOY
Suckers,LOL.Too bad it wasn't "legit" for all the people trying to "do the right thing". Another hot deal will come along; (every minute),LOL.🙂
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Yeah. We're all just beside ourselves over this $10 loss. Some are contemplating suicide. I know I haven't slept in 3 days.

Please.........................Putz.


 
Originally posted by: Winchester
It is still illegal, you might has well downloaded it!
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Not true. The item in question was sold on to the open market, and then resold.

EULAs are not the law, no matter how companies try to use them to dictate their own interpretations of the law. If any violation occured, it was a violation of the original sale contract between the company and the first purchaser in the chain. (If there even was any explicit contract, although for large-scale OEM sales there often is.)

Thus, it is up to the company to go after the first purchaser (OEM) in civil court over a contract dispute. You are not liable for any contracts that you did not enter into. You are not liable for the OEM breaching their agreement with the mfg. The EULA presented to you by the software is not a contract, so generally you have no such contract with the mfg. (Unless you signed one seperately.)

Disclaimer: I am not a lawyer, nor do I play one on T.V.

PS. Another important point, is that US copyright law does not regulate use. If you buy a copywritten book, the publisher does not have the right to tell you how to read it, or to not use it for T.P. instead. Nor does the publisher of software have the right to dictate how you may use their software, once you have purchased it on the open market. EULA statements such as" you may not disassemble, decompile, or otherwise reverse-engineer this software", have no force of law behind them, insofar as the EULA text is concerned. (Recent changes due to DMCA provisions notwithstanding.) You have to follow the law, not the EULA.

Remember, if you don't know your rights and don't exercise them, then you never had them to begin with.
 
Originally posted by: ChiefBrody

My take is this. If you can cancel your order, great. If not, it's a $13 purchase for a Nero serial number. It's not the end of the world, it's not a tragedy. In fact, relative to everything else going on in this world, it's a non-event. Take the OEM CD, use it, make a coaster out of it, give it to a friend. Forget it. Put away your guns. Can't we all just get along.........................
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And at $13 for a genuine, legit, OEM Nero 6 serial number, that's a steal! I have a legit Nero 5.5.x, and will continue to use it until they get the bugs worked out of 6.x (probably around 6.1.x timeframe), but that's cheaper than it would cost to purchase a discounted upgrade from Ahead directly. I didn't get in on this deal, but it's a hot deal no less.

Using the original CD for a coaster is a fine idea. Just don't lose that serial! It's always better to download and install the latest version from Ahead's web site insead of the old version on the CD.
 
Originally posted by: ChiefBrody
Originally posted by: MontyBurns
Originally posted by: WebDude
"Bundle with CD/DVD Recorder Only, Not for Resale" Yes, very shoddy. I'm surprised they're getting away with this, since this is so clearly stated on the envelope. But, if you ordered it before anyone knew about this (as many of us did) and decide to keep it, you can update the software from Nero Burning ROM 6.0.0.6 to 6.0.0.15 by using the patch on the Ahead web site (nero60015.exe).
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I assume all the people complaining about the software will be sending theirs back. After all, illegal is illegal, whether you're out the shipping charges or not.

Right?
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Wrong. I purchased software that was not listed as OEM, which releases me from ANY reprocutions. Period.
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Not if it was stolen goods. (In this case, pirated CDR copies or whatnot.) But the item in question appears to be genuine legit OEM.

Originally posted by: ChiefBrody
Even if it was listed as OEM and Not for resale. It is the seller's obligation not to sell it. It is not the consumers responsibilty to second guess the merchants compliance with the law.
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That statement printed on the CD, is a directive from the mfg to their (first in line) customer. It is NOT the law. If that customer violates their sales contract with the mfg, and sells you that CD, then it's yours, assuming it's not stolen. It is then up to the original OEM customer to deal with the reprocussions of violating their agreement with the mfg.

Originally posted by: ChiefBrody
Further, I'm sure about 90% of the people out there don't even know what OEM means. From a legal standpoint, as long as I don't turn around and sell it, I have broken no laws.
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Even if you do sell it, you have broken no laws, that I am aware of, as long as it's not stolen, and you haven't duplicated it.

Originally posted by: ChiefBrody
Unless you know of a law that I'm missing? I plan to use it, download what I can from the website with the serial # and get the most out of it I can. To become a victim by losing a shipping payment over a merchants illegal activity is not logical.
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"Whiny bitches" (cf. MontyBurns) are apparently not logical. Nor do they have an understanding of their rights and the law.

Now, this matter of the seller misrepresenting the goods, and then changing the descriiption after taking the orders is clearly fraudulent misrepresentation (if they did it intentionally), and is a seperate issue from the "are unbundled OEM software sales legal?" question.

But the buyer has some responsibility of using common sense too. If you were buying a brand-new program that sells at retail for $70, for only $10, what would you think?

Would you buy a car from some guy on the street for ten cents on the dollar, and complain because you thought that it came with a leather interior because the cars on the dealers' lot did, but this car only had naugahide? Wouldn't the significant price difference tip you off just a little bit? Considering the price, I'm honestly somewhat surprised to find that these didn't turn out to be CDRs with keygenerated serials written on them with a sharpie, fresh from the burner.
 
Originally posted by: MontyBurns

And yet, I have done it. Just as I did it with Nero v4, and Nero v5. Nero regularly updates the program, and all users are allowed to download the updates. One warning: I have never used a burner-specific version of Nero (and the one from this deal is NOT burner-specific). It's possible you could run into upgrade trouble with one of those. But the three copies of burner-specific versions that I have (bundled with cd burners) don't have serial #'s on them anyway.
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I'm taking a slight risk posting before reading all of the posts in this thread, but I do have some experience with "limited" Nero versons, as well as the full retail version, and here is what I've seen - it all depends on the serial.

The downloadable versions off of Nero's website, at least for v5 and 5.5, contain all of the core software, but not plugins/add-ons that Ahead normally charges more for, but sometimes bundles trial versions of those along with the CD version as well.

Whether certain options and features of that core software are enabled and accessable or not, depends on what is enabled with the serial. From what I understand, the full-retail unlocks basically everything, except for multi-burner features, and some of the advanced plugin features that you have to pay extra for. There are various OEM keys, which are limited in various ways. I've heard both that they are burner mfg-locked, as well as somehow speed-limited (will work with burners from any mfg, as long as they are not faster). Then there are the Nero-express-interface-only limited versions, which do not allow usage of the main Nero UI, which contains more features. I would assume, although I've not seen or heard, that it would be possible to likewise limit the program to only the main Nero UI, and disable Nero Express.

Some OEM versions bundled with some burners (Lite-Ons in particular) seem to be fully-enabled, just like the retail versions. Other OEM versions bundled with lesser-name burners tend to be more locked-down.

So if the serial from this OEM version of Nero 6 is a fully-unlocked OEM version, then it is in fact the same as the full retail version, in terms of what features are present in the program, and the seller was correct in stating that. So in a sense, there is no difference in end-user functionality between their description of "OEM" vs. "CD only" (assumed to be retail, I guess, even though they don't specify).

Some of the plugins and additional features weren't finished by the time that the core Nero 6 was unveiled, and I wouldn't be surprised if early purchasers of the full retail box edition had to go to Ahead's web site to download the remaining features advertised on the box, but that is just speculation on my part, without having actually purchased the full retail box edition of Nero 6 "Ultra". Btw, the "Ultra" was just added on by Ahead as a marketing thing, there is not a difference between "Ultra" and "non-Ultra" versions, although there could be a difference in features between a locked OEM version and the unlocked full-retail version's serial keys.

Personally, I love Nero, it's my main burning app, but I've moved to A120 tentatively for burning .bin/.cue and .cdi images. A120 still has bugs buring certain multi-session .nrg files.
 
Originally posted by: joecool
btw, this matches my own experience with nero 5 - i got an oem version of 5.0 with a cd burner and was able to download 5.5 and use the oem key to install 5.5. i also got nero express 5.5 with another cd-rw that was burner-specific and was not able to upgrade that to the full version of nero 5.5.

i'm guessing that so few people do this that it isn't a hit to ahead's revenue ... after all, most folks never upgrade their software or drivers for fear of breaking something. however, it is wierd that ahead is letting this site sell the oem version of the package.
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Yes the first version was a fully-unlocked OEM version, the second version was locked to the Nero Express-only interface.
 
Originally posted by: aperry
My guess is that Ahead does not know about it, or if they do, then like you say, it's not enough of a problem for them to make a stink.

BTW, addragyn, I do know that OEM refers to the packaging. However, for many products, including this one, it is illegal to sell it without some accompanying product (in this case a CD or DVD burner, as specified on the CD sleeve). Of course, the legality of it would come down to the actual OEM agreement that is in place.

I guess it is possible that SoftwareOutlet has gotten "clearance" from Ahead to sell these on their own, but I doubt it...
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But the OEM agreement, is a contract between the mfg and their direct OEM customer for the software, not you. Unless you are that OEM, then the agreement doesn't affect you in the slightest, nor do any restrictions in it, even if mentioned on the packaging of the product. As long as you obey the law, then you are fine.
 
Originally posted by: ChiefBrody
But to put this whole issue in the real world perspective. Companies go after the big fishies. Johnny snot-nose buying a single CD from some no name company is a non-issue. So insignificant, that to even discuss legalites in this case is ridiculous.
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Actually, you have that exactly backwards. The big OEM purchasers are the mfg's biggest customers. The mfg won't go after them, they will go after the little end-users/small-resellers, because it is easier to strongarm them into complying with something that they aren't legally liable for, than it would be to raise a legitimate legal issue with their biggest customers and risk pissing them off.

Look at what MS does. (And how they got rebuffed in Germany by a court decision that allows German PC buyers that puchased OEM copies of MS OSes to unbundle them from the hardware and sell them on individually. MS retail OS prices dropped as a result of them not being able to enforce their illegal control of the resale market.)
 
Originally posted by: sk3tch
Wow! I finally received a response from Nero, you guys won't believe their reply:

Dear Customer,

Thank you for your email.

The site is illegal. It is selling Nero 6 which is way below the market value.

Best regards
Al Valerio

Ahead Support Team
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Predictable. Anything that could possibly erode a corporation's profits, is a "crime". Rather ironic, given the MS OEM OS unbundling decision I mentioned in my prior post by the German courts, and that Ahead (.de) is a German company.

I remember the good old days when "price fixing" and "monopoly abuse" was actually considered a crime, and not the status quo.

And when "tattletales" got what they deserved, and "common sense" used to actually be almost common.
 
Originally posted by: JPSJPS
The coupons used by most here here are all legal - YEA RIGHT!!
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Slightly OT but relevant - my local Price Chopper grocery store has posted a sign on their registers: "Due to fraudelent internet coupon activity, we can no longer accept coupons from the internet".

I assume that this applies to even store- and mfg-specific coupons.

I could only just think back to the Sierra Mist thread, and how some kids went in and got like a case-load of 2-liters at a time.

Folks, this is what happens, you abuse, you lose.

Buying 400 of some item that normally sells for $100 but is mis-marked for $0.01, raises red flags.

Widely distributing coupons that should only have been recieved and used by certain specific customers, possibly because they became a "preferred customer" due to their spending habits, raises red flags.

In fact, the widespread use of those $ off or % off coupons by people not specifically authorized, is not really much different than walking into a store with your own price-sticker "gun" and re-pricing products before going to the checkout counter.

On the other hand, perhaps it is also a collective reaction to the common business practice of profiling customers, and offering certain customers different pricing policies than other customers, or the general (new customer) public.

Amazon.com got in some PR hot water about that some time ago, but really, nearly *all* big companies do this, and will attempt to do so more often.

But it is clearly the reason that ATHD in specific prohibits publishing coupon codes that are not directly linkable to and therefore publically-accessable on the store's own site. Otherwise AT could concievably be an accessory to fraud, a crime.

Yes, this also means that those requesting, and those sending, non-public coupon codes are also guilty of being accessories to fraud, if those coupon codes were used for a purchase. This is also why sending them privately is also prohibited, using AT's server.

Sorry if I've been a bit verbose and ranting a lot on this thread topic. These issues are rather close to me.
 
VirtuaLarry nailed it with his post.

Ahead serial numbers most definately do matter. I bought this software and can tell you that it is limited to Nero express and a few other prograns. Even tho this software is not burner specific it is severly crippled., You cannot access Nero Burning Rom so it is useless to me and I went back to my Nero lthat came with my lite-on burner which is full version.

Dan


Originally posted by: VirtualLarry
Originally posted by: MontyBurns And yet, I have done it. Just as I did it with Nero v4, and Nero v5. Nero regularly updates the program, and all users are allowed to download the updates. One warning: I have never used a burner-specific version of Nero (and the one from this deal is NOT burner-specific). It's possible you could run into upgrade trouble with one of those. But the three copies of burner-specific versions that I have (bundled with cd burners) don't have serial #'s on them anyway.
Click to expand...
I'm taking a slight risk posting before reading all of the posts in this thread, but I do have some experience with "limited" Nero versons, as well as the full retail version, and here is what I've seen - it all depends on the serial. The downloadable versions off of Nero's website, at least for v5 and 5.5, contain all of the core software, but not plugins/add-ons that Ahead normally charges more for, but sometimes bundles trial versions of those along with the CD version as well. Whether certain options and features of that core software are enabled and accessable or not, depends on what is enabled with the serial. From what I understand, the full-retail unlocks basically everything, except for multi-burner features, and some of the advanced plugin features that you have to pay extra for. There are various OEM keys, which are limited in various ways. I've heard both that they are burner mfg-locked, as well as somehow speed-limited (will work with burners from any mfg, as long as they are not faster). Then there are the Nero-express-interface-only limited versions, which do not allow usage of the main Nero UI, which contains more features. I would assume, although I've not seen or heard, that it would be possible to likewise limit the program to only the main Nero UI, and disable Nero Express. Some OEM versions bundled with some burners (Lite-Ons in particular) seem to be fully-enabled, just like the retail versions. Other OEM versions bundled with lesser-name burners tend to be more locked-down. So if the serial from this OEM version of Nero 6 is a fully-unlocked OEM version, then it is in fact the same as the full retail version, in terms of what features are present in the program, and the seller was correct in stating that. So in a sense, there is no difference in end-user functionality between their description of "OEM" vs. "CD only" (assumed to be retail, I guess, even though they don't specify). Some of the plugins and additional features weren't finished by the time that the core Nero 6 was unveiled, and I wouldn't be surprised if early purchasers of the full retail box edition had to go to Ahead's web site to download the remaining features advertised on the box, but that is just speculation on my part, without having actually purchased the full retail box edition of Nero 6 "Ultra". Btw, the "Ultra" was just added on by Ahead as a marketing thing, there is not a difference between "Ultra" and "non-Ultra" versions, although there could be a difference in features between a locked OEM version and the unlocked full-retail version's serial keys. Personally, I love Nero, it's my main burning app, but I've moved to A120 tentatively for burning .bin/.cue and .cdi images. A120 still has bugs buring certain multi-session .nrg files.
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