Selling OEM sotware - allowed?

"Gaz" wrote in message
...
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

You can buy and use pirated software but it does not make it legal. And
we are talking of opened and installed OEM software. You can buy new OEM
legally. You can also buy it from company's with out buying the hardware
which is a gray area. but the contract is accepted when you open it.
whether XYZ software will worry about a single home user selling it on
enough to trace and sue is a different matter.
I'm not a Lawyer as otherwise I would not be writing this without
charge. But they make money by arguing these points, Maybe why the put
them in.

" 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

You can buy and use pirated software but it does not make it legal. And
we are talking of opened and installed OEM software. You can buy new OEM
legally. You can also buy it from company's with out buying the hardware
which is a grey area. but the contract is accepted when you open it.
whether XYZ software will worry about a single home user selling it on
enough to trace and sue is a different matter.
I'm not a Lawyer as otherwise I would not be writing this without
charge. But they make money by arguing these points, Maybe why the put
them in.

The point I was making was not that you could buy and sell it, but in test
cases the EU ruled that the terms of the contact itself were illegal and
that although the intellectual rights could be protected the license itself
could not.
As for buying OEM new, there now seems to be no argument that it can be sold
with or without hardware and selling it with hardware was never really an
issue in the first instance, the condition was that it should only be used
in a new build or an instance that required the formatting of the hard disk.
Lets face it if all us builders had to pay the ridiculous charges that our
hardware suppliers charge for OEM software as opposed to buying it from
software distributors we would have to put £20 on all our system prices

"Trev" wrote in message
...

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

You can buy and use pirated software but it does not make it legal. And
we are talking of opened and installed OEM software. You can buy new OEM
legally. You can also buy it from company's with out buying the hardware
which is a gray area. but the contract is accepted when you open it.
whether XYZ software will worry about a single home user selling it on
enough to trace and sue is a different matter.
I'm not a Lawyer as otherwise I would not be writing this without
charge. But they make money by arguing these points, Maybe why the put
them in.

It is not legal to sell pirate software. It is legal to sell OEM software.
This has been established in law after a court case if what I read recently
is correct. I think it was in uk.adverts.computer in a thread about Office
XP OEM.

In message , Trev
writes
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

Borrocks - thats MS's intention with their terms and conditions which
are not valid in the UK and Europe as such terms are not allowed.





--
njc AKA (Fastpay, Paypal & nochex e-mail)

In message , Tony Sutton
writes
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.

Well billy boys brown nose fan club will be busy then.


--
njc AKA (Fastpay, Paypal & nochex e-mail)

In message , Trev
writes
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.

Exactly - if the new owners of the hardware are daft enough to use
illegal software then let FAST and MS chase them not the legal owner of
legal software!


--
njc AKA (Fastpay, Paypal & nochex e-mail)