Should we be allowing sale/trade of illegal software?

[tmchow]

I'm just wondering Anandtech's policy on the sale of illegal software in the For Sale/Trade forums? It seems the sale of illegal software is rampant -- I'm talking about "Academic" and "Not for resale" (NFRS) copies of software.

We seem to frown and crack down on other forms of illegal posts, but these kinds of posts are widely accepted. Just wondering what makes these different?

---

We appreciate your concern. However, the FS/T rules clearly state what AnandTech allows.

AnandTech Moderator

 

[Hossenfeffer]

Most of the NFR software titles are being traded, rather than sold. (And if it's being sold, 9 times out of ten it's locked or changed to trade only). There are folks watching out for the legal ramifications of it all.

 

[tmchow]

I believe that the so-called "trading" of such software is illegal also. It's not as if they are donating the software to someone else. They are trading it for goods and are thus making money on the trade. (ie. they are selling it). Working in the software industry myself, this is disturbing to see.

 

[Red Dawn]

<< believe that the so-called "trading" of such software is illegal also. >>

If it were they wouldn't be allowed to trade it. This has been gone over with a fine tooth and comb. Your whining is just another repost.

 

[Ryan]

 

[tmchow]

<< it were they wouldn't be allowed to trade it. This has been gone over with a fine tooth and comb. Your whining is just another repost. >>



I still disagree. These types of trades are considered piracy and called mischanneling -- that is, software is being redistributed to ppl who do not qualify for the licenses (eg. academic). I don't want to be an a-hole here, but don't dismiss my concerns as whining. How can this not be illegal if the ppl who are now holding academic licensed software wouldn't have been legally able to buy those copies in the first place?

 

[Red Dawn]

<< I don't want to be an a-hole here, but don't dismiss my concerns as whining >>

You're not an asshole, I'm an asshole. That doesn't change the fact that you are whining.

 

[tmchow]

<< You're not an asshole, I'm an asshole. That doesn't change the fact that you are whining. >>



How the heck is this whining? I'm bringing up a valid point and possible illegal activities in the for/sale trade forum. If anandtech staff aren't concerned about this, then that's fine.

 

[mastertech01]

I havent seem much Academic software around here, and it isnt allowed to be sold, just as NFR. Most peeps dont even want academic software because it usually is a "light" version of the real meal deal, and often is a problem to activate or use and definitely difficult to trade off. OEM and NFR are far more popular. NFR is only allowed to be traded as well, and anyone with good sense wont trade anything of great value for it, since there is plenty of retail and OEM software they can buy or sell, and even that goes for about half or less than in store prices. NFR is freely given out by MS at their seminars, and I dont think they really feel hurt by it being given away to someone who will use it.. it just helps spread the word and demos out their software to more and more people who might buy thier retail stuff later. NFR is just another avenue to advertise. Now if it were being sold that would definitely be illegal and against the forum rules.

Im sure if you could present profound proof that anything being sold here on the forums was illegal to the moderators, that they would swiftly move to shut down their sale on the boards. Im sure they have done a great deal of research to ensure that what goes on here will not leave them open to litigation.

 

[tmchow]

mastertech01: finally, a reasonable response. Thanks for your input.

The reason why I think it's illegal is that if you look at any of the Microsoft (or any other software publisher), you'll see that Acamedic and NFR copies of software are strictly prohibited from making it's way into regular channels of distribution. (see MS discussion on piracy).

Even though most wording typically forbids the "sale" of such software, trading is considered the same thing. You are transfering the title from one person to the other.

From the link given above, it states:

Academic product misuse. This form of license misuse occurs when a product that is manufactured, licensed, and specifically marked for distribution to educational institutions and students at reduced prices is diverted into normal commercial channels of distribution

and

Not for Resale (NFR) product misuse. Again, this form of license misuse occurs when a product that has been clearly marked "Not for Resale," and is typically distributed as a promotional or sample product and is not licensed for normal commercial distribution and use, is diverted into normal commercial channels of distribution.

Even though the anandtech forums aren't "commercial distribution", the trading of it for other hardware and goods (which have monetary values) classifies the software titles as being sold. I would think this was proof enough.

 

[Geekbabe]

I do believe the Eula on Academic software allows for *one* transfer of that software

 

[tmchow]

<< I do believe the Eula on Academic software allows for *one* transfer of that software >>



I believe you are right, but that transfer has limitations:

-cannot be sold (which is the same as trading for other goods)
-cannot be transfered to an ineligible individual (ie. non-students at qualifying academic institutions)

 

[John]

I think Red dawn summarized the events quite well.

 

[n0cmonkey]

tmchow where did you get your law degree?

 

[tmchow]

<< I think Red dawn summarized the events quite well. >>



dont' bother thread crapping guys. If you don't want to have a mature discussion about this topic, then don't bother reading the thread. I'm bringing up valid points.



<< tmchow where did you get your law degree? >>



It's not about having a law degree. If you want to pursue that route, where did you guys get your law degree to dismiss my concerns so swiftly? Like I said before, I work for a software manufacturer, so this issue is one that hits close to home.

 

[n0cmonkey]

<<

<< tmchow where did you get your law degree? >>



It's not about having a law degree. If you want to pursue that route, where did you guys get your law degree to dismiss my concerns so swiftly? Like I said before, I work for a software manufacturer, so this issue is one that hits close to home. >>



My point is that Anandtech inc (or whatever it is) has probably discussed this with a lawyer.