Scum Bag Selling His MS Launch Party Kit for $400 on CL

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Train

Lifer
Jun 22, 2000
13,595
88
91
www.bing.com
Originally posted by: Perknose
Originally posted by: Train
Hey thats great, I'm glad you have your e-toughness in full force, what do you want me to do post about how I would beat your ass in person? Either way, doesnt change the fact that your thread sucks. How exaclt does telling you your thread sucks a fail? It DOES suck!

What e-toughness? I didn't threaten you, I just rhetorically pulled down your pants and pointed.

You're the one pulling out the "how I would beat your ass in person", e-punk.

And lastly, it wasn't about you telling me my thread sucks that exposed you as one big pussy-assed lamer of FAIL, it was when I insulted you back and all you could come up with were lame cliches and then pulled the "omg, I'm offended" pose when YOU started the insults, 'ya big hypocritical, self-owning pussy! :laugh:

reading comprehension fail? Nice out of context bolding. I posted that as a rhetorical question to your e-tough guy attitude.

I wasnt "offended", I think its hilarious, youre the one getting your panties in a bunch over a fucking craigslist posting.

I REALLY dont fucking care, and thats the whole point, why the fuck do YOU CARE what some guy is selling on craigslist? I mean really, you cared enough to come here, post about it, then start a dumb ass argument with everyone that pointed out how lame caring about it was. With what you stated in the OP, you really are in no position to be less whiny than anyone.
 

Train

Lifer
Jun 22, 2000
13,595
88
91
www.bing.com
lol, did you REALLY just PM me this? Please tell me this is a joke.

My home address and actual phone number are a matter of public record on this forum from the last punk who threatened me.

You're welcome to come visit, asshole, and I'll be more than glad to discuss matters with you.

Dude its the fucking internet. And I never threatened you. Now put the e-peen away. Like I'm gonna drive to fucking Philly.
 

PottedMeat

Lifer
Apr 17, 2002
12,363
475
126
Originally posted by: shiner
Originally posted by: Perknose
Yet another lovely denizen of craigslist.

I already flagged it and contacted houseparty.com, who said they'd take the "strongest possible action."'

"Essssss-cuse me? Wha' eeze the "strongest possible action?"

"Oh, we'll make sure he doesn't host another house party."

:roll:

I want to nail this greedy fuck. Anyone got the MS fraud #?

And you feel the need to play Big Brother why exactly? Sure the guy is most likely a tard of the highest order, but how is it personally impacting you?

If he's really bothered by the guy, just fuck with him. Tell him you want to buy it. And when he puts it back up, he can 'buy' it again. And again and again.
 

Perknose

Forum Director & Omnipotent Overlord
Forum Director
Oct 9, 1999
46,911
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Originally posted by: Train
Originally posted by: Perknose
Originally posted by: Train
Hey thats great, I'm glad you have your e-toughness in full force, what do you want me to do post about how I would beat your ass in person? Either way, doesnt change the fact that your thread sucks. How exaclt does telling you your thread sucks a fail? It DOES suck!

What e-toughness? I didn't threaten you, I just rhetorically pulled down your pants and pointed.

You're the one pulling out the "how I would beat your ass in person", e-punk.

And lastly, it wasn't about you telling me my thread sucks that exposed you as one big pussy-assed lamer of FAIL, it was when I insulted you back and all you could come up with were lame cliches and then pulled the "omg, I'm offended" pose when YOU started the insults, 'ya big hypocritical, self-owning pussy! :laugh:

reading comprehension fail? Nice out of context bolding. I posted that as a rhetorical question to your e-tough guy attitude.

I wasnt "offended", I think its hilarious, youre the one getting your panties in a bunch over a fucking craigslist posting.

I REALLY dont fucking care, and thats the whole point, why the fuck do YOU CARE what some guy is selling on craigslist? I mean really, you cared enough to come here, post about it, then start a dumb ass argument with everyone that pointed out how lame caring about it was. With what you stated in the OP, you really are in no position to be less whiny than anyone.

You cared enough to post an insult, then post, ohhhhh, about 5 or 6 more times, loser.

You're a cliche spouting loser hypocrite, and not a very bright one at that. Even your sis thinks so, when she thinks. ;)

 

Perknose

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Originally posted by: Train
lol, did you REALLY just PM me this? Please tell me this is a joke.

My home address and actual phone number are a matter of public record on this forum from the last punk who threatened me.

You're welcome to come visit, asshole, and I'll be more than glad to discuss matters with you.

Dude its the fucking internet. And I never threatened you. Now put the e-peen away. Like I'm gonna drive to fucking Philly.

Hey loser boy, what about the word PRIVATE in private messages don't you understand?

It's against forum rules to post another's pms w/o their permission. :|

And, yeah, keep trying to pretend that your reference to how you could beat me up in person wasn't a veiled threat, asshole.

 

Perknose

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Originally posted by: Train
Like I'm gonna drive to fucking Philly.

Maybe when you get your learner's permit? :p

 

Perknose

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Originally posted by: shiner
And you feel the need to play Big Brother why exactly? Sure the guy is most likely a tard of the highest order, but how is it personally impacting you?

So, by your logic, if you see someone stealing something, as long as it's not yours, you do NOTHING because, after all, it's not impacting you and to do something would be playing "Big Brother"?

Sad, that.



 

CoinOperatedBoy

Golden Member
Dec 11, 2008
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Originally posted by: Perknose
Originally posted by: CoinOperatedBoy
I'm not unaware of it. But my impression is that "not for resale" applies primarily to retailers, and is usually printed on promo materials or individual items sold as part of a bundle. It's there so a retailer can't open the kit up and sell Windows 7 by itself.

I would assume that if these kits were bought, then first sale doctrine applies and one can legally sell them despite the NFR label. If the kit is given by Microsoft with the binding understanding that it's only for personal use, then it might get hairy. That's why I asked.

Why are you being a dick about this?

I'm not being a dick, but your lack of basic knowledge is somewhat irritating. Your "impression" aside, NFR means just that, NOT FOR RESALE, as in NFR to anyone for any reason whatsoever.

Cliffs: NFR means NFR means NFR means NFR, no exceptions, NONE.

Please show me how this is enforced and under which law. Every single thing I've read has said that "not for resale" is not enforceable for private parties under first sale doctrine unless there is some prior binding agreement, possibly including freely provided promo materials expressly intended and agreed to be for personal use only. You didn't even bother to answer me when I asked if that is the case for these launch party kits.

Your ignorance of actual applicable law is no excuse for condescension. I'm asking a legitimate question and even provided an example where Microsoft itself could not enforce this very label on an OS disc and they lost a countersuit.
 

CoinOperatedBoy

Golden Member
Dec 11, 2008
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Originally posted by: Perknose
Originally posted by: shiner
And you feel the need to play Big Brother why exactly? Sure the guy is most likely a tard of the highest order, but how is it personally impacting you?

So, by your logic, if you see someone stealing something, as long as it's not yours, you do NOTHING because, after all, it's not impacting you and to do something would be playing "Big Brother"?

Sad, that.

Again you use the word "steal" when it is not applicable. You haven't even made it clear that what this person is doing is illegal.
 

rockyct

Diamond Member
Jun 23, 2001
6,656
32
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Originally posted by: CoinOperatedBoy
Originally posted by: Perknose
Originally posted by: CoinOperatedBoy
Originally posted by: Perknose
Originally posted by: RedSquirrel
I don't really see the big deal, unless the pack does specify to not sell it.

It does. It's NFR software, clearly so labeled.

Do you know exactly who "not for resale" applies to?

It's right ON the fucking Win7 disk. This is standard practice with promotions, something you're obviously unaware of.

The rest of the box is crap worth about 5 cents total -- streamers, a pack of MS playing cards -- like I said, crap.

I'm not unaware of it. But my impression is that "not for resale" applies primarily to retailers, and is usually printed on promo materials or individual items sold as part of a bundle. It's there so a retailer can't open the kit up and sell Windows 7 by itself.

I would assume that if these kits were bought, then first sale doctrine applies and one can legally sell them despite the NFR label. If the kit is given by Microsoft with the binding understanding that it's only for personal use, then it might get hairy. That's why I asked.

Why are you being a dick about this?

They were given away with an agreement that you would host a party and invite people. No one paid for them.
 

Perknose

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Originally posted by: CoinOperatedBoy
Every single thing I've read has said that "not for resale" is not enforceable for private parties under first sale doctrine unless there is some prior binding agreement, possibly including freely provided promo materials expressly intended and agreed to be for personal use only. You didn't even bother to answer me when I asked if that is the case for these launch party kits.

No sale, therefore your "first sale doctrine" doesn't apply at all

The promo materials ARE expressly intended and agreed to be FOR PERSONAL USE ONLY.

Got it now?

 

TruePaige

Diamond Member
Oct 22, 2006
9,874
2
0
Originally posted by: Perknose
Originally posted by: CoinOperatedBoy
Every single thing I've read has said that "not for resale" is not enforceable for private parties under first sale doctrine unless there is some prior binding agreement, possibly including freely provided promo materials expressly intended and agreed to be for personal use only. You didn't even bother to answer me when I asked if that is the case for these launch party kits.

No sale, therefore your "first sale doctrine" doesn't apply at all

The promo materials ARE expressly intended and agreed to be FOR PERSONAL USE ONLY.

Got it now?

Right, but many people (myself included) don't believe that prohibiting the right to resale is a fair action and it is hard to defend in court except under other disclosure agreements.

He could say that you are paying $400 for a box of cookies and give you the Windows 7 copy for free even. ;)

It's victimless, the person who wants it, gets it, the person who had it gets cash.
 

CoinOperatedBoy

Golden Member
Dec 11, 2008
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Originally posted by: Perknose
Originally posted by: CoinOperatedBoy
Every single thing I've read has said that "not for resale" is not enforceable for private parties under first sale doctrine unless there is some prior binding agreement, possibly including freely provided promo materials expressly intended and agreed to be for personal use only. You didn't even bother to answer me when I asked if that is the case for these launch party kits.

No sale, therefore your "first sale doctrine" doesn't apply at all

The promo materials ARE expressly intended and agreed to be FOR PERSONAL USE ONLY.

Got it now?

Thanks for finally answering my simple question. I'd be interested to see the agreement. It might truly be prohibited, but I bet Microsoft would be hesitant to actually sue the seller considering the murky waters they were in with Microsoft v Zamos. I still hold that up as an example that NFR software is not always necessarily illegal to resell, which seems to be your claim. However, in that defendant's situation, the student resold software that he purchased (but was not given freely), so it may admittedly not be analogous to your Windows 7 kits.

That said, I would compare your vigilante efforts to someone calling the cops on a neighbor who was seen tearing the "DO NOT REMOVE" labels off a mattress.

Edit: I wonder if one could argue that they did provide payment to Microsoft in the form of agreeing to hold a launch party and promote the OS, in which case the item wasn't given for free and might fall under first sale doctrine after all. ;)
 

Perknose

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Originally posted by: TruePaige
Originally posted by: Perknose
Originally posted by: CoinOperatedBoy
Every single thing I've read has said that "not for resale" is not enforceable for private parties under first sale doctrine unless there is some prior binding agreement, possibly including freely provided promo materials expressly intended and agreed to be for personal use only. You didn't even bother to answer me when I asked if that is the case for these launch party kits.

No sale, therefore your "first sale doctrine" doesn't apply at all

The promo materials ARE expressly intended and agreed to be FOR PERSONAL USE ONLY.

Got it now?

Right, but many people (myself included) don't believe that prohibiting the right to resale is a fair action and it is hard to defend in court except under other disclosure agreements.

He could say that you are paying $400 for a box of cookies and give you the Windows 7 copy for free even. ;)

It's victimless, the person who wants it, gets it, the person who had it gets cash.

Yeah, "victimless" except the guy took posession of this valuable piece of property by agreeing to host a Win7 launch party in his home, something he clearly had no intention of ever doing.

The guy's a lying, greedy ($400???) weasel, and I DON'T LIKE lying, greedy weasels.

It's as simple as that.
 

SKORPI0

Lifer
Jan 18, 2000
18,500
2,426
136
CL Link :disgust:

In this kind of economy, I'm not surprised at all. People will forget their manners/ethics just to get something for nothing.


Half price here though.... Chicago CL - $200 :thumbsup:
 

CoinOperatedBoy

Golden Member
Dec 11, 2008
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Originally posted by: Perknose
Yeah, "victimless" except the guy took posession of this valuable piece of property by agreeing to host a Win7 launch party in his home, something he clearly had no intention of ever doing.

The guy's a lying, greedy ($400???) weasel, and I DON'T LIKE lying, greedy weasels.

It's as simple as that.

Okay Batman, you've apparently made houseparty.com aware of this seller; ball's in their court now. Why do you assume Microsoft is unable to enforce their own agreement? Are you also keeping an eye on eBay and Craigslist in other towns? I wonder if Microsoft would consider hiring you part time to do this valuable job.

Look, the fact that the legality (or enforceability, at least) isn't completely clear should at least somewhat temper your strange personal vendetta against this guy. You liken yourself to a concerned citizen who's witnessed a theft, when in fact no theft has occurred. So some dude listed something he legally obtained, but might not be legally permitted to resell. Let Microsoft and Craiglist handle him and take down the listing if it's infringing.
 

Perknose

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Oct 9, 1999
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Originally posted by: CoinOperatedBoy
Are you also keeping an eye on eBay and Craigslist in other towns? I wonder if Microsoft would consider hiring you part time to do this valuable job.

Why don't you take your asshole rhetoric and shove it up your coin slot, boy?

You certainly seem to be expending a ton of energy and your no doubt valuable time in this thread, you pompous little pipsqueak.

I bet you really are a "coin operated boy." ;)

What corner do you hang out on and how much for you to go insert yourself into yourself, so you can keep the sleaze, cooties and general lack of personal ethics in your own fetid, faux libertarian bloodstream, you shining disease vector of idiot slacker arrogance?

See, "Batman?" Call names, watch out for incoming.

 

cheezy321

Diamond Member
Dec 31, 2003
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Perknose. Do you ever watch the office? Have you ever seen that episode where Dwight Shrute tries to find the person who left a half smoked joint in the parking lot?

If not, you really need to see it. This entire thread reminds me of that episode.
 

Perknose

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Originally posted by: cheezy321
Perknose. Do you ever watch the office? Have you ever seen that episode where Dwight Shrute tries to find the person who left a half smoked joint in the parking lot?

If not, you really need to see it. This entire thread reminds me of that episode.

Oh, yeah, I hear you. I LOVE beets. And I HATE deadbeats.

Also, I had me some extended fun in this thread.

Know what I'm sayin', sunshine? :laugh: