unlicensed windows xp? can i sell it?

[thirdeye]

just got a copy of windows xp pro full version from microsoft today. it's just the disc in a paper sleeve w/ the cd-key on the outside. the disc itself has NOT FOR RETAIL OR OEM DISTRIBUTION. and it also says UNLICENSED SOFTWARE -- Illegal without separate license from Microsoft.
my question is...will i get in trouble for reselling this?
i have no need for it seeing as how this is my second copy i've gotten now.
any input would be greatly appreciated.

 

[Antisocial Virge]

Yes its very illegal. Just for posting this you have to send the copy to me to be destroyed From what I know it is illegal to sell it but its not like Microsoft is gonna break down your door over it. You can't sell it on Anandtech though if thats what you were thinking.

 

[Raspewtin]

really it's a grey area i have heard b/c msft has no contract with you and really has no right to tell you what you can and cannot resell.

 

[jfunk]

I don't see how this could be illegal to sell.

Since there is no license with it, you are basically selling a CD.

It would be the same as making a backup of a CD and charging somebody for it.

The person who buys it from you has not purchased a license to run XP from MS, just a CD from you.


j

 

[NicColt]

>I don't see how this could be illegal to sell.

But I agree with what Raspewtin said, it's a gray area.

here's the story in simple terms. Microsoft's software resellers and their employees including retailers, large account resellers (LARs), Microsoft Certified Partners (formerly MCSP's), and original equipment manufacturers (OEMs) are eligible for this 'not for retail, not for resale or OEM distribution' program. To be eligible, individuals must be current employees of a computer and software reseller. For example, Dell, Compaq, Gateway employees would be eligible.

Now if you are an 'eligible individual' then it's legal for you to acquire one of these versions through the Microsoft Reseller Evaluation Program. Once you acquire the software in question, the products ordered cannot be resold and can be used only for employee home use, evaluation or testing, and customer demonstrations or pilots. The license clearly states however that this is NOT for resale.

Here's an example of the Microsoft Reseller Evaluation Program prices.

Microsoft Windows 2000 Professional $87 Cdn.
Microsoft Office XP Professional $174 Cdn.
Microsoft Encarta Africana 3.0 $23 Cdn. BTW all MS games are $23 Cdn.
Microsoft Windows Millenium Edition Version Upgrade $28 Cdn.

 

[Ramius]

It is a grey area. But just don't distribute it to your whole office.

If you would like, you could PM me and I'll buy it, then tell Microsoft, and let you know what they say...