Re: How can Microsoft and ebay cancel legit oem ad?
From: D.Currie (dmbcurrie.nospam_at_hotmail.com)
Date: 03/17/04
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Date: Tue, 16 Mar 2004 18:42:21 -0700
Well, actually, I type with my fingers, not with my mouth...
but the EULA doesn't apply until the software has been put into use. It's an
End User License Agreement, and has nothing to do with the ability to sell
unused, unopened, uninstalled software. It's an agreement that the end user
agrees to.
Some of the distributors I deal with require that you're an OEM to buy the
software (which I am) but others don't. And Microsoft is perfectly aware of
this practice regarding one distributor in my area. They've even been at
events that this distributor has hosted.
If you are a MS OEM you have to agree to certain things, including how you
sell the software. As long as I'm selling it legally, I'm fine, but none of
the requirements say that I have to sell individual or multi-pack items to
OEMs only. Plenty of people build their own systems and there are lots of
little businesses that build a few computers here and there and sell
them,with software, to family and friends, and they aren't in MSs program.
All of that is perfectly legal.
I checked into all of this sort of stuff when I first got into the business.
And I spent plenty of time discussing the finer points with my local MS rep
after a few local competitors disappeared. I can sell a 3-pack of XP to Joe
Consumer tomorrow, without hardware, and it's legal. And since he doesn't
have any agreement with MS (and I can't force him to make an agreement with
MS) he can sell a copy to his sister and another one on e-bay.
"SG" <48249333@naxs.com> wrote in message
news:OH2ZuP5CEHA.2576@TK2MSFTNGP11.phx.gbl...
The "Nonsense" is coming from your mouth, better read the EULA from a OEM
version.
-- George Aker aka SG NOTE: Please post to the group...email is invalid. "D.Currie" <dmbcurrie.nospam@hotmail.com> wrote in message news:c37km2$25opn9$1@ID-193095.news.uni-berlin.de... > > "SG" <48249333@naxs.com> wrote in message > news:uV33sQ4CEHA.2628@TK2MSFTNGP11.phx.gbl... > >>>>Hey. I just saw an academic version of Windows xp at wal-mart. > Wal-mart is violating the license by selling it to any one. I > witnessed two transactions. No one asked if these people if you are > part of a educational school or program. This was at two different > wal-marts. <<<< > > If they are indeed selling that way they are in violation. > > >>>>If wal-mart won and said anyone can sell their oem copies No mater how > it was obtained. . Microsoft would have to pay ever one $100.00 and ebay > could also get sued for suspending accounts that were actual legit.<<<< > > Not so. To legally sell a OEM copy you have to be a licensed OEM and > registered through the OEM Channel with Microsoft. > > > > Nonsense. Distributors might not sell to anyone but OEMs, but those OEMs can > decide to sell to anyone they want to. And those people can resell to end > users or anyone else they feel like. > > > >
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