"not packaged for individual sale" is NOT a simple suggestion.  It is the law;
if you are caught selling those, you can get in trouble, because they do not
have the nutritional information on them.

"Use only approved cleaning products." - not sure what this is.  Sounds like
a suggestion, but you could very well be voiding your warranty.

OEM copies of any version of Windows are to only be sold with either
a new PC, a hard drive, or a motherboard.  This has been a well known
law for quite some time.  Microsoft even came through the Twin Cities a while
ago and put some seedier business (like Que Computers) in a big hurt because
they were selling OEM copies of Windows like that.

I know you're upset - but Ebay was just following the law and covering their
asses.  If you were selling sealed retail copies of Windows, you would not
get in trouble.

- Nick Reinking





Troy.A.Johnson at state.mn.us, on 03/20/2001 09:27:30 AM
To: tclug-list at mn-linux.org @ PMDF
cc:  
Subject: Re: [TCLUG] OEM Licenses (RANTING)

Email Ebay back and let them know you're doing nothing that is illegal and you 
will be taking your business elsewhere.

Then try another auction site.

>>> blayer at qwest.net 03/18/01 02:57PM >>>
Ok, I guess I'm just a wee little bit irritated with the folks in Redmond
today. Someone I know gave me two OEM copies of MS NTWS 4.0 that I decided
to sell on eBay. Microsoft had the "action removed at their request" because
I am (apparently) beholdant to some licensing agreement that is sealed
inside this un-opened software package.  I guess MS auto-trolls eBay 24 hrs
a day...

Now since I have never opened the package, nor was I aware that there was an
agreement therin, how could I ever be construed as a party in a license
agreement? Sure, there is a tiny little blurb on the cover that says "For
Distribution with a new PC only" - but that is like saying "Use only
approved cleaning products", or "not packaged for individual sale"... It
reads like a simple suggestion or inducement,  not a legal order that must
be obeyed OR ELSE.

How do they get away with bulling people on such flimsy legal grounds? It's
not like the software is stolen, counterfeit etc. If MS was so deeply
concerned with the way in which their product might be distributed, why
didn't they take effective steps at the time the product was released, or
not release it at all?

Here is the kicker - the email notice that eBay (not MS) sent me, contained
1) an email address where they suggested that I might report the names &
activities of anyone that might be an illegal source of MS software and 2) a
link to the 'about me' eBay page, where MS rants on about how devastating
the impact of software piracy is on the US economy, and quotes the studies
that prove it...

         .... the studies were done by the BSA ;)

They really do own the world, don't they? =/

B







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