Microsoft Software for Sale, Slightly Used

Alsee writes "The Register reports that recent UK business Discount-Licensing.com has been having booming growth reselling pre-owned Microsoft software licenses 20-50% below retail, after spotting the opportunity in Microsoft's licensing terms and Britain's insolvency laws for insolvent and downsizing businesses. Sorry, no discount personal OS resales, corporate bulk resales only."

Comments

Here's how they will "fix" this

[Anonymous Coward]

Microsoft will start putting a non-transferability clause in license agreements. Simple as that. US Bankruptcy law may or may not create an out for such a clause, so that a trustee can sell a debtor's licences. If the law allows it and if it causes a drain on sales revenue, you can bet that there will be another anti-consumer amendment to the bankruptcy code.

Re:Here's how they will "fix" this

[m50d]

So if the license says you can't transfer it, you can still transfer it?

Yes

Does that mean that if it says you can't install the software multiply that you may indeed install it as many times as you want?

No, because copyright law prevents that.

Does it mean that licenses are completely worthless to the licensor?

Licenses are useful for one thing only - making exceptions to your copyright. Any other terms are meaningless.

Are you a lawyer?Not yet

This probably won't last for very long.

[gameforge]

From TFA: "The secondhand resale of a license agreement is not the intended purpose of these provisions."

Apparently, a Microsoft rep said that to the article writer.

Something tells me that Windows Vista and future versions of Office, etc. will probably restrict their licenses somehow to prevent this. Some company had "net saving in the region of £10,000." That means Microsoft probably lost a lot more than that.

Too bad they won't sell to individuals; I might actually purchase a Microsoft product if I could just download it from P2P and go buy a cheap license from these guys. Even better, someone should go start collecting unused Windows licenses and giving them away to those who need them, like college students (okay, just kidding).

I'm going to mix things and hope you won't notice

[Anonymous Coward]

"Modern societies go out of their way to restrict one's freedom"

Actually, modern has nothing to do with it. And just living with another person will restrict your freedom. Ask any married man. But some of those rules are societal such as you mention:

    "you cannot buy alcohol and give it to minors"

or

    "[you cannot] drive a car around without a license"

Let's be clear about these things. They are *laws* debated and agreed to by *represented officials* and can be changed at any time if society at large decides these rules need to be changed.

Also, it's worth noting these laws don't restrict the sale or ownership of an item, they restrict the use of an item.

Let's compare that with a EULA from MS not to resell that item.

1) It's not against the law to buy or sell software
2) Copyright law has no jurisdiction in this case, because it deals with reproduction, not sale
3) First sale doctrine encourages me to resell what I own
4) Microsoft would rather I didn't and they put it in a EULA.
5) Nobody voted on this restriction. In fact, they didn't even get a say. I bought a PC a few years ago, it came with XP Pro, I assumed I could sell it, but no, it's licensed to the box and I can't resell it. Why? Well... just because. I don't think it would hold up in court, but it's not worth it to try.

So please stop comparing a EULA to underage drinking and societal conventions because they are not at all related. EULAs are a trick that may or not be legal and they are enforced by big money, not society.

Used drivers licenses

[Kadin2048]

Sure, I have a few old expired ones hanging around; I'm not sure how far you'll get, seeing as they have my name and picture on them, and a corner is cut off...but they were given back to me by and employee at the DMV because I asked nicely, so I assume I can do whatever non-fradulent thing I want to do with them now.

In some states you can also buy old license plates. That doesn't mean it's legal to put them on your car, but you can get them. In fact, I know of at least one state where the DMV sells "novelty" plates direct: they're not legal to actually use as a license plate, but if you wanted to get a historical one for your Model T, they'll sell it to you.

You can buy and sell all sorts of stuff that would be illegal if used in a certain way.