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Microsoft Shuts Auction Doors On Old Windows
mrv writes "Microsoft is keeping a more-vigilant eye on online auctions of old copies of Windows software, with people trying to offload it due to the upcoming release of XP. Also within the story is info and tips for donating a computer (and software licenses) to charity. (Charities must have site licenses for Windows 98 or newer!)" A lot of users seem to think that they can sell off their no-longer-used software to subsidize upgrades, but that's just not what the EULAs say (at least with pre-installed MS software). Time to go re-read what sellers of used software have had to say last year, and the MS method of shutting own eBay auctions.
That may be true but that's not what the article is about:
Charmaine Gravning, a product manager for Microsoft's Windows XP, said the policy is clear that people cannot sell or even share the software that comes pre-loaded on computers. If a consumer buys a copy of Windows in a store, they can resell the software, provided they include the license agreement, and all other documentation and don't try to sell multiple copies.
The issue here is cutomers trying to resell their bundled system software when they upgrade. If you upgrade to Linux, you're still not allowed to resell the bundled OS.
The reason they are able to use the shrinkwrap license to stop sales is because it hasn't been tested in court. Until someone has the desire, time, and money to take them to court over their enforcement of the shrinkwrap license, and convince the court it is invalid, they can do pretty much whatever they want. Something like this would probably be a multiple-year-long process, through appeals and counter appeals, all the way up to the supreme court. Do you have the desire, time, and money to do this for all of us?
Edward Burr
Having a smoking section in a restaurant is like having a peeing section in a swimming pool.
The situation was this: A german computer distibutor got problems with Microsoft where Microsoft claimed, the distributor was selling not licensed preinstalled Windows. Microsoft claimed, that the distributor was selling CD-ROM and Book with different computers and thus selling every license twice.
So Microsoft stopped the contract with this distributor, and the distributor was not getting OEM licenses anymore.
Then the distributor was starting to bid for not used OEM licenses on eBay and resold them with his computers instead of directly licensed software from Microsoft. Microsoft brought the distributor to court for violating license agreements in the OEM EULA, which included a non reselling clause.
The federal court ruled, that those clauses are only valid for the original licensee, that is the computer dealer, who sold the first computer with this license. But it is not legally binding for anyone else, including even the buyer of the first computer. And as long as there is no technological difference between the software, that comes with the different licenses, there is no right for Microsoft, to controle the distribution ways for the different licenses.
The federal court stated, that there is "no way to deduce from Copyright a right to control distribution channels."
Our Bundesgerichtshof (federal civil court) has decided last year, that all Microsoft provisions trying to prevent the unbundling of OEM versions of the machines they came with are not enforcable against customers. Basicly the same as the "frist sale " - doctrine of American law.
m 00 /BGH/zivil/bgh49-00.html
Here is the press notice in German:
http://www.jura.uni-sb.de/Entscheidungen/presse
Moritz
A lot of users seem to think that they can sell off their no-longer-used software to subsidize upgrades, but that's just not what the EULAs say (at least with pre-installed MS software).
Ah, You must be living in that funny country across the big pond.
Here in Europe, basic consumer rights say that you can sell whatever you leagally paid for, including software, even if the EULA says otherwise.
If microsoft doesn't like that, they can come and battle with the EU governement, or stop selling their products out here.
Roger.