Rant over

mugs

Lifer
Apr 29, 2003
48,920
46
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Sounds like you essentially are selling software - and software that you probably aren't entitled to sell.
 

Eeezee

Diamond Member
Jul 23, 2005
9,922
0
76
Beta key = ability to download and use beta software = you are sort of selling software
 

LikeLinus

Lifer
Jul 25, 2001
11,518
670
126
Originally posted by: MustISO
I swear these people must be complete idiots. They keep closing my auction for selling software which I am not doing.

Oh the irony in this post :)
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: MustISO
I swear these people must be complete idiots. They keep closing my auction for selling software which I am not doing.

COA/KEY is more serious than just selling an ISO or copy of the software.


 

KeithTalent

Elite Member | Administrator | No Lifer
Administrator
Nov 30, 2005
50,231
118
116
Wow OP, I think you should just move on and never respond to this thread nor ever create a thread like this again.

KT
 

Evadman

Administrator Emeritus<br>Elite Member
Feb 18, 2001
30,990
5
81
I hate these people who make markers! I pull if the cap and touch the end, and I get ink on me! Markers aren't supposed to mark things!
 

QuixoticOne

Golden Member
Nov 4, 2005
1,855
0
0
The OP is right to draw a distinction. I could sell the key to the bicycle I used to have 10 years ago, even without selling the lock it goes to or the bicycle that it locked up. Some people collect keys.

Apparently there's quite a market for things like ticket stubs to old ball games, play bills for theatrical performances, et. al. That doesn't imply that you're selling admission to the game / theater you're just selling some memorabilia relating to the event.

The recipient of the key may or may not have the right to use the software that may relate to the key, but that doesn't mean that you can't necessarily sell the information or physical item of the key as a distinct thing. I could sell a copy of the key to my front door without also selling my house.

I'm sure that if someone had a copy of the key to Al Capone's cell on Alcatraz they could sell that on eBAY too. Sometimes a key is just a key.

That being said, I imagine eBAY has some fascist type of TOS where then can basically cancel anything they want for any / no reason they want, so basically you're probably screwed.

 

Newbian

Lifer
Aug 24, 2008
24,779
882
126
The thing is selling a beta key tends to be against the rules he agreed to and Ebay is doing the right thing.
 

grrl

Diamond Member
Jun 21, 2001
6,204
1
0
Originally posted by: QuixoticOne
The OP is right to draw a distinction. I could sell the key to the bicycle I used to have 10 years ago, even without selling the lock it goes to or the bicycle that it locked up. Some people collect keys.

Apparently there's quite a market for things like ticket stubs to old ball games, play bills for theatrical performances, et. al. That doesn't imply that you're selling admission to the game / theater you're just selling some memorabilia relating to the event.

The recipient of the key may or may not have the right to use the software that may relate to the key, but that doesn't mean that you can't necessarily sell the information or physical item of the key as a distinct thing. I could sell a copy of the key to my front door without also selling my house.

I'm sure that if someone had a copy of the key to Al Capone's cell on Alcatraz they could sell that on eBAY too. Sometimes a key is just a key.

That being said, I imagine eBAY has some fascist type of TOS where then can basically cancel anything they want for any / no reason they want, so basically you're probably screwed.

I'm not fully convinced. Your house and Al Capone's cell are unique items in the possession of another - the seller doesn't necessarily know where your house is, and Al Capone's cell can't be readily accessed. As for the ticket stubs, the issuer has no further financial interest in it once said event has ended (or you could argue, once the ticket is sold). But a software key allows you to use a product that can be gotten by anyone, and often for free on the internet. Therefore the software developer has a right to limit the sale of the keys. For that reason, I see selling the key as akin to selling the software.

 

Psynaut

Senior member
Jan 6, 2008
653
1
0
Originally posted by: QuixoticOne
The OP is right to draw a distinction. I could sell the key to the bicycle I used to have 10 years ago, even without selling the lock it goes to or the bicycle that it locked up. Some people collect keys.

Apparently there's quite a market for things like ticket stubs to old ball games, play bills for theatrical performances, et. al. That doesn't imply that you're selling admission to the game / theater you're just selling some memorabilia relating to the event.

The recipient of the key may or may not have the right to use the software that may relate to the key, but that doesn't mean that you can't necessarily sell the information or physical item of the key as a distinct thing. I could sell a copy of the key to my front door without also selling my house.

I'm sure that if someone had a copy of the key to Al Capone's cell on Alcatraz they could sell that on eBAY too. Sometimes a key is just a key.

That being said, I imagine eBAY has some fascist type of TOS where then can basically cancel anything they want for any / no reason they want, so basically you're probably screwed.

As a logical argument this is a valid and correct deductive argument.

As a legal argument, it would get torn apart in court and you would lose the case badly. The key has no inherent value seperate from its use to access the game. In fact, the digital key doesn't even exist other than as a means to access the game.

In a logical argument common sense is irrelevant, whereas, in a legal argument common sense is applied. What this means is that a judge or jury would recognize the difference between a Beta key and a piece of memorabilia.

Plus, every Beta agreement I have ever heard of specifically prohibits the selling of beta keys, though, admittedly, I did not read the one in question. This is because you are not given ownership of anything, ownership is kept by the gaming company and you are given a licence to access the game, which can be revoked at any time.
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: QuixoticOne
The OP is right to draw a distinction. I could sell the key to the bicycle I used to have 10 years ago, even without selling the lock it goes to or the bicycle that it locked up. Some people collect keys.

Apparently there's quite a market for things like ticket stubs to old ball games, play bills for theatrical performances, et. al. That doesn't imply that you're selling admission to the game / theater you're just selling some memorabilia relating to the event.

The recipient of the key may or may not have the right to use the software that may relate to the key, but that doesn't mean that you can't necessarily sell the information or physical item of the key as a distinct thing. I could sell a copy of the key to my front door without also selling my house.

I'm sure that if someone had a copy of the key to Al Capone's cell on Alcatraz they could sell that on eBAY too. Sometimes a key is just a key.

That being said, I imagine eBAY has some fascist type of TOS where then can basically cancel anything they want for any / no reason they want, so basically you're probably screwed.

Unfortunately you analogy is terrible.

I could by a key on ebay, but it's doubtful i'd work for any lock I had access too. And even if it did, I would not be held harmless if someone sold me the key to another's house.

With software, it's really the key/COA that anyone is buying anyway. The software itself is pretty much always easily found in some form or another, much of the them as a free download from the vendors own website.



 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: PottedMeat

I hate it when people edit out their original posts.

some people live very cowardly lives and want to believe they have never been wrong, always the star, etc.

Why let their stupidity be immortalized when they can simply edit it?

Tomorrow he will be bashing others trying to do the same thing he did claiming 'only an idiot would ever think otherwise".

 

nerp

Diamond Member
Dec 31, 2005
9,865
105
106
Originally posted by: alkemyst
Originally posted by: PottedMeat

I hate it when people edit out their original posts.

some people live very cowardly lives and want to believe they have never been wrong, always the star, etc.

Why let their stupidity be immortalized when they can simply edit it?

Tomorrow he will be bashing others trying to do the same thing he did claiming 'only an idiot would ever think otherwise".

Ahaha, excellent observation. I always take my grandmother's advice -- don't write down anything you're not willing to have read in a room in front of a group of people when you weren't expecting it.