I had a OEM copy of MS office XP. Which I paid for jumped though the
hoops to use. A couple of months went by and for reasons I wont go into
I needed MS Access which does not come with the version of office I
owned. I decided to sell my copy of office and purchase another OEM MS
Office XP version that does come with MS Access. It was my understanding
that I owned my old copy of office, which I no longer needed, and I
could sell it if I chose. I Had two copies I was only using one, I only
had one installed, so I listed it on ebay. A day later I got the message
posted below. My point is in the real world we are not free to do what
we want with our copies of software.
Dear Tom Penney (blots at bigfoot.com),
**PLEASE READ THIS IMPORTANT EMAIL REGARDING YOUR LISTING(S)**
We would like to let you know that we removed your listing:
3616515626 MicroSoft Office XP Small Business, Used
because a member of our Verified Rights Owner (VeRO) Program
notified us, under penalty of perjury, that your item infringes
their copyright, trademark, or other rights.
For more information on the VeRO Program, and a list of VeRO
Members About Me pages, please visit:
http://pages.ebay.com/help/community/vero-aboutme.html
We have credited any associated fees to your account. We have
also notified the bidders that the listing(s) was removed, and
that they are not obligated to complete the transaction.
If you relist this or any other similar items on eBay, your
account could be suspended.
If you believe your listing was ended in error, or have
questions regarding the removal of this listing, please contact
the VeRO Member directly at:
Microsoft
netsafe at microsoft.com
eBay is available to answer questions, but since it is the VeRO
Member that requested the removal of your listings, we encourage
you to contact them first.
Below is information provided by Microsoft:
Dear Vendor:
The distribution of counterfeit and other unauthorized software
on the Internet is a serious problem. Through test purchases
and other research, Microsoft has confirmed that an alarming
quantity of counterfeit or otherwise unauthorized Microsoft
software reaches consumers hands each year. The distribution of
such software harms the recipients, who unwittingly pay for
illegitimate software they are not licensed to use and that may
put at risk the integrity of their computer systems.
To address this problem and protect consumers, Microsoft and
other software publishers work with eBay to identify and remove
postings that offer to distribute unauthorized software. This
process led us to your listing on eBay. Microsoft believes that
the software offered in this listing infringes its copyrights
and/or its trademarks, because the software is not genuine or
because the proposed transaction is otherwise unauthorized. In
addition to counterfeit software, unauthorized software
includes:
· Original Equipment Manufacturer (OEM) software
transferred separately from the computer with which it was
acquired; OEM software distributed without the appropriate
hardware and other components required to properly license the
user;
· Academic versions of Microsoft software distributed to
non-qualified users;
· Worldwide Fulfillment software (frequently packaged as
shrink-wrapped CDs);
· Software distributed without the components with which
it was originally distributed, including a CD-ROM and a
Certificate of Authenticity and, for certain software, the user
manual and the end-user license agreement (e.g. CD-only offers;
software pre-loaded on hard drives)
Under U.S. law, a person who distributes counterfeit or other
unauthorized software is liable for damages and may even face
criminal penalties, including fines and imprisonment.
If you have further questions about the termination of this
listing, please feel free to contact us directly through
netsafe at microsoft.com. You should provide the following
information:
· The number of the listing about which you are inquiring
· A detailed description of the software components being
offered, including the packaging of these components
· A brief description of the transaction through which you
acquired the software
Upon receipt of this information, a member of our team will
further review your listing and contact you to address any
specific concerns you may have. If we determine that your
listing was terminated in error, we will contact eBay to advise
them that Microsoft has no objection to the reinstatement of
your listing.
You can find valuable information on acquiring and reselling
genuine Microsoft software by visiting
http://www.microsoft.com/piracy/tools/resellers/tips.asp. If
you can provide information regarding a source of counterfeit or
other unauthorized Microsoft software, please e-mail us at
netsafe at microsoft.com. For more information regarding
Microsofts efforts to combat the distribution of counterfeit and
other unauthorized software, please visit the Microsoft
Anti-Piracy homepage at http://www.microsoft.com/piracy/.
Finally, for specific information about the distribution of
Microsoft software on eBay, please visit our About Me page at
http://members.ebay.com/aboutme/netsafe@microsoft.com.
Thank you for your cooperation.
Regards,
Customer Support (Trust and Safety Department)
eBay Inc
On Tue, 2003-10-07 at 20:28, Shawn wrote:
> On Tue, 7 Oct 2003 19:53:58 -0500
> "David Phillips" <david at acz.org> wrote:
>
> > Shawn writes:
> > > Isn't there an
> > > argument that if you buy something and it comes with a clause of
> > > "Sold as is, no warranty implied nor given" it's just that?
> >
> > If it exists, that is an agreement between you and the merchant. It
> > isn't a condition imposed after the sale by an unrelated third party.
> >
> The reseller, ie Best Buy, is considered an agent. When you purchase software from a reseller, you are in effect buying from the producer. If the license on the outside says to the effect "These are our terms for your license to use. If you disagree, do not open. Return unopened package for refund." The a reseller has a contingent license, or other goods such as extended warranty, then that is between you and the reseller from whom you purchased that "additional item."
>
> > > Or that can be put into context of "sold to the original owner,
> > > not for transfer/trade to another party".
> >
> > Not unless you sign a contract which states that specifically.
> >
> Implied licenses? See above.
>
> > > I believe coupon swapping groups
> > > got into trouble for that a few years ago.
> >
> > I have no idea what you are talking about here.
> >
> Was on 20/20 a while a go. lol
>
> > > Airlines tickets are generally non-transferable as well.
> >
> > That is something you agree to when you purchase the tickets. You are
> > making that agreement with the party from whom you are buying the
> > tickets.
> >
> It's a condition of the airlines. Regardless of the travel agent. Again, implied. Which can be considered equivalent to software purchases if stated so in license.
>
> > > It's a buyer beware world, if you don't agree with something don't
> > > buy it. Read the legalize on what you're considering purchasing.
> >
> > I don't have to research the law when I buy a book or computer
> > software at a store. Unrelated third parties have no legal basis for
> > influencing transactions. If you think they do, prove it by citing
> > the relevant law.
> >
> I wasn't referring to third parties in any of my posts. The point I was making is that when you purchase software or something that has a written license or document outlying it's usage, your "signature" is the acceptance of said conditions from manufacturer when purchased. Again, there are ways out of this, but it typically involves courts and you having to explain why.
>
> In regards to the law, if you claim ignorance that is not a defense.
--
Tom Penney <blots at visi.com>
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