Re: Buying MS Office on Ebay

Hi Milly- As a residential construction contractor I have become quite adept
at reading and writing contracts over the many years so I have no problem
understanding all of the clauses in Microsoft's EULA. My problem is that
many of those clauses are so far removed from real life that it is nearly
comic. I understand what MS is trying to accomplish and why. It is just a
very ham-handed way to accomplish the goal and serves to alienate a large
segment of the consumer base that does not have evil intent.
I design and draw plans for clients and have always considered my work a
form of intellectual property. If MS's EULA sets a precedent I wonder if I
can get a clause into my contract that allows the purchaser the right to use
the product I produce for them only once (for my bid) and restrict them from
duplicating it and distributing it to other contractors. Yeah! They'd go for
that, wouldn't they?

"Milly Staples [MVP - Outlook]"
<MillyS@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx> wrote in message
news:eX2d1QYvFHA.3740@xxxxxxxxxxxxxxxxxxxxxxx
> Hi BP - after having read the entire thread (I have no opinion one way or
> the other about buying software via eBay - that is where I first bought
> Office 97 Pro). However, to clear up a popular misconception, once you
> purchase a product and then use that product to upgrade to a newer
> version,
> the products "merge" into one single product and the qualifying product
> you
> used to verify your eligibility to use the upgrade cannot be sold, lost or
> destroyed. As it is now a part of the upgraded product, you are required
> to
> keep it or your license to use it is invalid.
>
> This will not apply if you wish to sell the latest upgrade of that
> software,
> however, ALL qualifying products that you used for the upgrade must be
> sold
> in the same package sale.
>
> Just an FYI.
>
>
> --?
> Milly Staples [MVP - Outlook]
>
> Post all replies to the group to keep the discussion intact. All
> unsolicited mail sent to my personal account will be deleted without
> reading.
>
> After furious head scratching, BP asked:
>
> | "Edward W. Thompson" <thomeduk1@xxxxxxxxxxxxxxx> wrote in message
> | news:e8B%23tKOvFHA.3252@xxxxxxxxxxxxxxxxxxxxxxx
> ||
> || "BP" <replytoall@xxxxxxxx> wrote in message
> || news:tc-dnfEmiso-y7DeRVn-2w@xxxxxxxxxxxxxxxxx
> |||
> ||| "Edward W. Thompson" <thomeduk1@xxxxxxxxxxxxxxx> wrote in message
> ||| news:uiXClNBvFHA.2212@xxxxxxxxxxxxxxxxxxxxxxx
> ||||
> |||| "Chris Schatte" <caschatte@xxxxxxx> wrote in message
> |||| news:308C2019-7CE9-49A9-BAFE-A6DCDAF6F9D8@xxxxxxxxxxxxxxxx
> ||||| BP,
> ||||| Why not just purchase a retail copy that you know is new and not
> ||||| activated
> ||||| by someone else previously? Retail copies of Office 2003 allow
> ||||| for 2 installs, one desktop and one mobile and is fully
> ||||| upgradable. OEM copies are
> ||||| bound to the system you install on only, non-transferrable to any
> ||||| other machine.
> ||||| Buying software previously owned is never a good idea. You could
> ||||| do a search
> ||||| on this group for the multitudes of problems people run into by
> ||||| purchasing
> ||||| software in this way...
> |||||
> ||||| Chris Schatte
> ||||| --
> ||||| use the Office Online web based newsreader here:
> ||||| http://www.microsoft.com/office/community/en-us/default.mspx
> ||||| In Office System 2003 applications:
> ||||| Help/Assistance Pane/open Communities
> |||||
> |||||
> ||||| "BP" wrote:
> |||||
> |||||| I need to upgrade from my Office 97 suite. I am looking on Ebay
> |||||| at Office
> |||||| Pro 2003. There are many "new" full retail and OEM versions but
> |||||| there are
> |||||| also some "used" (previously installed) versions available at a
> |||||| much lower
> |||||| price. I know Office 2003 has an activation procedure. What are
> |||||| the EULA and
> |||||| practical restrictions/problems with buying someone else's
> |||||| software in this
> |||||| way.
> |||||| TIA
> ||||||
> |||| "Why not just purchase a retail copy"? To answer your question it
> |||| is a simple matter of cost . Not everyone can afford the inflated
> |||| price MS charges for their software, yet the widespread adoption
> |||| of the MS software virtually obliges its use. The word monopoly
> |||| comes to mind. Yes, I do know about Open Office.
> ||| I'm new to this group and I suddenly feel like I just walk in to a
> ||| new car dealership to ask about buying a used car from the
> ||| newspaper.
> ||| Can you suggest a newsgroup where I might find a little more
> ||| unbiased info on this matter?
> || Unfortunately, this is about as good as it gets. Why some post
> || unjustified remarks about buying software from Ebay, I can't say.
> || Yes, you can get burned by buying from ebay but if the item is not
> || accurately described or not delivered and you pay by Paypal you can
> || recover your money. I always buy from Ebay and although have had
> || one problem, I have never lost my money and do not conclude from one
> || problem that all Ebay transactions are fraught with risk. Most
> || people are honest, at least that is my experience.
> ||
> || The comments concerning OEM software is very relevant. Some, but
> || not all, OEM software is linked to a particular machine and cannot
> || be easily transfered to another. Just ask the vendor if the
> || software can be installed onto your machine. If it will not install
> || you can claim your money back on the basis of mis-representation.
> | Thanks for the info. I have bought lots of used software on Ebay,
> | mostly games, and have never had a problem either. You just learn to
> | read carefully and skip the listings with sparse or squishy
> | descriptions. The OEM issue is good to know. But what really concerns
> | me now is the possibility that if I buy new, retail Office software
> | that somehow I am restricted by the EULA from selling it some years
> | down the road should I upgrade to a more current application. If my
> | used software will only install on my machine (legally) then I don't
> | really own a tangible product, do I? And if I build a new computer
> | (something I do every couple of years) or upgrade hardware (often)
> | the software I bought can't be (legally) installed? That's just
> | retarded, in every sense of the word.
>
>


.

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