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View Full Version : Don't try to sell Vista!



PilotJLR
March 20th, 2007, 11:38 AM
So here is what happened... I won a copy of Vista Ultimate at work, but don't have any need for it. I got the idea to sell it on eBay, since it will just be gathering dust otherwise.

I listed it on eBay, had the auction going for a couple days, when eBay cancelled the auction and sent me an email saying that Microsoft asked them to pull the auction since it violates their "Intellectual Property."
It's seriously an unopened, genuine, non-pirated, etc copy of Vista! But apparently my reselling it violates their IP. :x

Just wanted to vent...
Anyone else seen this happen? I would assume this means they email eBay on every Vista auction.

ComplexNumber
March 20th, 2007, 11:42 AM
i don't see how it violates their "intellectual property"(for what its worth). can you not write to ebay and ask them for clarification on the matter?

PartisanEntity
March 20th, 2007, 11:44 AM
I was just going to say the same thing, you should ask why, I think they just assumed this was piracy. You should get clarification.

xyz
March 20th, 2007, 11:45 AM
If you understand this STUDY (http://en.wikipedia.org/wiki/Dictatorship) you will have your answer. It is as simple as that.

Spr0k3t
March 20th, 2007, 11:52 AM
I've seen this happen. There was a kid who did fight back and not only did he win against the system, he also got a full ride from Microsoft for his degree in Law (court ordered). What I would do is send back a message to eBay stating you are not trying to infringe upon copyrights and would willingly return the software for a refund if it would have been purchased by you. So, fight it, and if you get another "warning", ask them for the contact information of the person at Microsoft so you can call them directly and ask them for the money.

Prove the auction is legit to Microsoft, and they can do nothing to you.

Here's a better idea... create an auction for a video destroying your prize. Along with the rights to the video, the winner of the auction will receive the destroyed goods. I think this would be a much better method too, as it would be one less copy of Vista. Just for fun, also give the winner a free copy of their choice of Linux.

Go balls nuts man!

elephant007
March 21st, 2007, 11:52 PM
here's what you do... give it away for free as you go it
then charge what you would have charged for Vista to shipping...Thus still "giving away" Vista... no infringement..
kinda like "A free house to the person who would like to purchase a $59,000 dishwasher" ha ha

NotPhil
March 22nd, 2007, 12:05 AM
I listed it on eBay, had the auction going for a couple days, when eBay cancelled the auction and sent me an email saying that Microsoft asked them to pull the auction since it violates their "Intellectual Property."Microsoft has no say in the matter. The First Sale Doctrine (http://www.copyright.gov/title17/92chap1.html#109) gives you the right to sell your copy to whoever you please.

The link above is to the U.S. Copyright Office's Web site. Send it to both eBay and Microsoft. A translated, non-legalize, summary can be found at Copyright.com (http://www.copyright.com/ccc/do/viewPage?pageCode=cr10-n#saledoctrine).

m.musashi
March 22nd, 2007, 05:11 AM
I had this happen to me when I tried to sell a very legal copy of office 2000. Microsoft contacts ebay and says pull it. I think they do this with just about anything. It's the shoot first and ask questions later approach. I emailed MS and basically said wtf. They asked for the CD key and a photo of the CD. I complied and they sent me an email saying I could sell it. I forwarded that to ebay and they reposted my auction. Don't let MS win. Contact them and force the issue. They can only prevent the sale of an illegal copy but not something legally purchased (doesn't matter who bought it unless it's stolen and even then it isn't MS's business).

macogw
March 22nd, 2007, 05:25 AM
MS gave away a bunch of Office disks to students before and since it was a geeky group (I think it was ACM), they were Linux users, so they sold them all on eBay. They didn't give out Office next time they visited, just other stuff cuz Office is a big seller.

m.musashi
March 22nd, 2007, 05:34 AM
I got my copy of 2000 from MS for free. I let them track my usage for a comple months and I had my choice of compensation. Office was the best prize. I used it for a couple years and then sold it. Knowing what I know now I would not let MS track anything but at the time I didn't know better.

slayerboy
March 22nd, 2007, 05:40 AM
IIRC, if you purchased something, yes you can by all means sell it.

But, if you got something for free, most companies will frown up you selling their free stuff, as there usually is an idea around giving away free stuff -- PROMOTION of the product to get others to buy it.

I'm not saying MS or Ebay are right or wrong in this case, but I don't know how that free copy was obtained, so that's just my guess.

You could try listing it on craigslist in your area.

I'm pretty sure, no matter what, ebay is going to take MS's word over yours anyday, no offense.

m.musashi
March 22nd, 2007, 05:51 AM
I'm pretty sure, no matter what, ebay is going to take MS's word over yours anyday, no offense.

If you can prove to MS that it's a legit version then they will likely let you sell it. I don't know about this case but in mine they were afraid it was a pirate copy. Once I proved it wasn't they let me sell it. They also asked where I got it. I told them they gave it to me as part of the research I helped with. They didn't bat an eye at that and said I could sell it. Which I did. Once I gave ebay the email from MS (or maybe MS contacted them I don't remember) ebay reposted my auction and I didn't even have to pay for a new posting.

Follow through with this. It's yours and I assume it's legal so don't let them push you around. It only took me a couple days a couple emails. It was really quite easy. Perhaps your situation is different but I doubt it. MS is just paranoid about pirating. Funny thing is vista is already cracked. They can never win. If they would sell it for $50 I bet they could save a lot on trying to prevent pirating. For $50 a lot of would be pirates would buy it to avoid the hassle. For $400 you'd have to be an idiot. Just buy a new computer instead.

Dr. C
March 22nd, 2007, 06:11 AM
IANAL but I believe you can sue Microsoft in small claims court for interfering with a perfectly legitimate business transaction by making defamatory statements. This puts the burden of proof that the proposed transaction violates their intellectual property where it belongs on Microsoft.

One can get the corporate data for the registerd agent for Microsoft from the Secretary of State in Washington

http://www.secstate.wa.gov/corps/search_detail.aspx?ubi=600413485

WalmartSniperLX
March 22nd, 2007, 08:04 AM
When i was younger (and dumber) I tried selling an open box of Windows 95 to a pawn shop :)

but honestly I think its dumb that ms wont let you sell an unopened box of vista. Sell it in person maybe?

Ubunted
March 22nd, 2007, 09:32 AM
Craigslist.

Jenda
March 22nd, 2007, 09:38 AM
Don't pay attention to what they say. You have the right to sell it, as NotPhil says.

bash
March 22nd, 2007, 11:12 AM
Read this (http://www.theregister.co.uk/2005/03/11/ms_zamos_ebay/). Its not exactly the same, since in that case it was MS software for a reduced price for students, instead of a free copy you won, but it gives you an idea what Microsoft is up to.

Ioky
June 15th, 2008, 02:09 AM
I got a real copy of windows 95 from IBM long long time ago, Dame, now I think I can't sell it. crying....

Dr. C
June 15th, 2008, 02:34 AM
You may want to consider this:

http://www.eff.org/deeplinks/2008/05/if-it-looks-duck-seattle-judge-finds-software-was-

saulgoode
June 15th, 2008, 03:19 AM
http://arstechnica.com/news.ars/post/20080523-court-smacks-autodesk-affirms-right-to-sell-used-software.html

pastormick
June 15th, 2008, 04:00 AM
What would be a real hoot is if Microsoft spent as much time trying to fix their software as they did lurking around places like E-bay seeing if people are legitimately trying to get rid of their software...

Mick

BTW - "Microsoft" & "intellectual property" are two phrases that really don't belong in the same sentence... :rolleyes:

kool_kat_os
June 15th, 2008, 04:12 AM
maybe they just told ebay that people cant sell microsoft's products?