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#1
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Selling OEM sotware - allowed?
Hi,
I just came across a few CDs that came with my old PC - namely Windows 95, Office 95 and Office 97. They are all OEM cds, i.e. it states on them that they are "For Distribution Only with a New PC", and are all unsealed (were installed on the original machine). They each include the original CD, and a Certificate of Authenticity (inc. CD key). The PC that they came from has long found its way to a charity, and I have none of them installed anywhere. Am I legally allowed to sell them (looking for a nominal return on ebay)? TIA, |
#2
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"none none" wrote in message
... Am I legally allowed to sell them (looking for a nominal return on ebay)? Nope. If you put it on eBay, they will pull it. You're best off with giving it to charity like komputers4kids.co.uk -- - Tony Sutton - http://www.hyperboard.co.uk - The Biggest Message Board! ------------------------------------------------------------- Barney: What happens when you feed a smurf after midnight ------------------------------------------------------------- |
#3
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Tony Sutton wrote:
Nope. If you put it on eBay, they will pull it. I see rather a lot of OEM software on sale on eBay at the moment, in addition to many auctions that have ended. Why do you think they would pull it? -- Cheers, Chris Howells -- Web: http://chrishowells.co.uk, PGP ID: 0x33795A2C |
#4
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"Chris Howells" wrote in message ... Tony Sutton wrote: Nope. If you put it on eBay, they will pull it. I see rather a lot of OEM software on sale on eBay at the moment, in addition to many auctions that have ended. Why do you think they would pull it? Because its only for use with the computer it was bought with. It will live and die with that computer and only that computer. In this case the disc's should gone along with the original computer to the Charity |
#5
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"Chris Howells" wrote in message
... I see rather a lot of OEM software on sale on eBay at the moment, in addition to many auctions that have ended. Why do you think they would pull it? What Trev said. It's also in eBay policy too. eBay holds thousands of auctions every week, it takes times for them to catch it unless reported directly by someone and they will pull it instantly. -- - Tony Sutton - http://www.hyperboard.co.uk - The Biggest Message Board! ------------------------------------------------------------- It's the Cat's house. We just pay the rent and buy food. ------------------------------------------------------------- |
#6
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"none none" wrote in message
... Hi, I just came across a few CDs that came with my old PC - namely Windows 95, Office 95 and Office 97. They are all OEM cds, i.e. it states on them that they are "For Distribution Only with a New PC", and are all unsealed (were installed on the original machine). They each include the original CD, and a Certificate of Authenticity (inc. CD key). The PC that they came from has long found its way to a charity, and I have none of them installed anywhere. Am I legally allowed to sell them (looking for a nominal return on ebay)? If they were deleted from the original PC before you gave it away, then it would almost certainly be legal to sell them (although not allowed on ebay). It would probably be in breach of the shrink-wrapped licence 'agreement', but that is very likely to be unenforceable in a UK court. |
#7
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"none none" wrote in message ... Hi, I just came across a few CDs that came with my old PC - namely Windows 95, Office 95 and Office 97. They are all OEM cds, i.e. it states on them that they are "For Distribution Only with a New PC", and are all unsealed (were installed on the original machine). They each include the original CD, and a Certificate of Authenticity (inc. CD key). The PC that they came from has long found its way to a charity, and I have none of them installed anywhere. Am I legally allowed to sell them (looking for a nominal return on ebay)? It's your property of course you can sell them. The software licence is irrelevant until proven otherwise in a court of law. |
#8
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"Max Longman" wrote in message ... "none none" wrote in message ... Hi, I just came across a few CDs that came with my old PC - namely Windows 95, Office 95 and Office 97. They are all OEM cds, i.e. it states on them that they are "For Distribution Only with a New PC", and are all unsealed (were installed on the original machine). They each include the original CD, and a Certificate of Authenticity (inc. CD key). The PC that they came from has long found its way to a charity, and I have none of them installed anywhere. Am I legally allowed to sell them (looking for a nominal return on ebay)? It's your property of course you can sell them. The software licence is irrelevant until proven otherwise in a court of law. That's the catch. there the property of the owner of the pc they where supplied with. Sell by all means but the new owner can not legally use them. Its the Disc's that are irrelevant, there just a means of transport. Its the licence to use that you purchase. |
#9
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Am I legally allowed to sell them (looking for a nominal return on
ebay)? It's your property of course you can sell them. The software licence is irrelevant until proven otherwise in a court of law. That's the catch. there the property of the owner of the pc they where supplied with. Sell by all means but the new owner can not legally use them. Its the Disc's that are irrelevant, there just a means of transport. Its the licence to use that you purchase. Wasn't there a EU ruling that as the 'owner' of OEM license you are legally entitled to sell it and that the US licensing restrictions could not legally be imposed in the EU, although I agree E-bay will pull the auction if they see it, but only due to the fact the are US owned, UK owned auction sites are generally happy to let you sell OEM software |
#10
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Tony Sutton wrote:
What Trev said. It's also in eBay policy too. Oh well. That sucks. I can't believe they would be able to legally enforce it however, but maybe they would be with crappy new laws like the DMCA in the US (and the equivalent in the UK, can't remember what it's called). Soooo glad I use Windows only for games these days and started using Free Operating Systems some years ago. -- Cheers, Chris Howells -- Web: http://chrishowells.co.uk, PGP ID: 0x33795A2C |
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