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Thread ID: 44101	2004-04-06 23:16:00	2nd hand goods act	zminos (5010)	Press F1

Post ID	Timestamp	Content	User
227812	2004-04-06 23:16:00	had an interesting discussion with someone who said ( no proof provided ) that he was a computer oem and reseller. He first asked me would I buy a his legitimate copy of office 2k3 pro? to which I asked is the shrink-wrap opend? he replied yes. so I said no we wouldn't buy it. He got red in the face then asked why not? ( as if I HAVE to buy anything just because someone wants to sell it ) so I said due to the fact you have to register and activate 2k3. He said it was activated but not registerd. So that got me thinking well if he's an oem and reseller??? I asked him how much he wanted for it and he said $1k. I again refused and said definately not - we're not buying it! then he got red in the face again and asked why not? so I repeated the registration/activation problem and then told him that dick smiths for example we're giving away copies of 2k3 pro a few months ago so it was nowhere near worth buying for $1k. So then he pointed to a copy of xp pro and home - still wrapped up in its shrink-wrap - but it was the oem copies. he said where's the new pcs for the copies of XP? I replied we're selling the OS not pcs as well . He then threated that he would go to the BSA and MS saying that what we're doing is illigeal and we could be fined $5k and or shutdown and he way angry that we were cutting into his margins etc etc. I replied that I could go down the road to a computer store and buy a mouse and pay $200 for a copy of xp home. When he noticed I was serious he wanted to know what the stores name was. He said he was also going to get someone from the BSA and MS to come into the store and "teach us a lesson". A month later and no-one has seen anyone from either the BSA and or MS. So it got me thinking... where does the seccond hand goods act stand in relation to software?? :)	zminos (5010)
227813	2004-04-06 23:47:00	As I understand it, you may not sell an OEM copy of software without the sale or transfer of the hardware that goes with it. The EULA states: Software Product Transfer. You may permanently transfer all of Your rights under this EULA only as part of a sale or transfer of the HARDWARE, provided You retain no copies, You transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate(s) of Authenticity and Confirmation Number(s)), and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT. -------------------------------------------------- The SOFTWARE PRODUCT is protected by intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. The term "COMPUTER" as used herein shall mean the HARDWARE, if the HARDWARE is a single computer system, or shall mean the computer system with which the HARDWARE operates, if the HARDWARE is a computer system component. --------------------------------------------------------------------- If the SOFTWARE PRODUCT is not accompanied by a new computer system or computer system component, You may not use or copy the SOFTWARE PRODUCT So, if you are trading in second hand OEM software that does not form part of a package including the hardware with which it was purchased, then you (and the person who sold it to you) are breaching the EULA. Its nothing to do with the Act as I see it, its covered by license agreements. If you do not agree with the license terms, then you do not use the product.	godfather (25)
227814	2004-04-06 23:54:00	gidday Godfather... I was thinking that in light of the EULA the person that sold the oem copy initally is in breach of the EULA not the 2nd hand goods dealer? :)	zminos (5010)
227815	2004-04-07 00:33:00	As I see it, the person selling it would be in breach of the License Agreement . The person buying it cannot use it without being in breach of the License Agreement . The Second Hand Goods Dealer is in the middle, and therefore must be accountable somewhere . Probably to the purchaser . You are selling something that you know was not sold legitimately, and that the buyer cannot use legitimately . I guess as long as these points are made very clear to the customer buying it at the time of purchase? I would suggest a call to MS would clear it up . Use a public phone box if you are concerned about liability .	godfather (25)
227816	2004-04-07 01:56:00	The way I see it Microsoft don't really care (at this stage!) if you're selling OEM software without the required hardware. Speaking to one of my suppliers, who are a Microsoft Partner, he said that they were missing out on deals because other suppliers were selling OEM software without hardware. He said basically Microsoft didn't want to know about it! As far they are concerned as long as it is a legitamit copy and not an illegal copy they don't care. The same thing happened to me, I followed Microsofts requirements and missed out on a deal for 6 Windows XP Pro upgrades because the client went and bought OEM versions from someone else cheaper and without having to purchase hardware!	CYaBro (73)
227817	2004-04-07 02:12:00	yeah maybe there's a "quantity" factor here, it's not like we bought 50 of each and are selling them?? so whats it to MS? maybe the guy that came in was just being childish since I didn't buy his copy of MS Office 2k3 pro? :)	zminos (5010)
227818	2004-04-07 05:25:00	People like that guy aren't worth the effort to deal with. If they want to throw a temper at you, then let them, and just move on - there's no point wasting your time and money on someone like them.	somebody (208)
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