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

This is legal in the US too

[Anonymous Coward]

This is legal in the US too. And protected under the "Doctrine of First Sale", much as the software companies would like it didn't exist.

"US copyright case law supports that consumers cannot make copies of computer programs contrary to a license, but may resell what they own."
http://en.wikipedia.org/wiki/First-sale_doctrine

"Software publishers claim the first-sale doctrine does not apply because software is licensed, not sold, under the terms of an End User License Agreement (EULA)."

but if it's licensed then one should be allowed to make backups of the disc or receive a replacement disc if the disc gets lost or damaged. Software companies will argue either way where it suits them.

they can't have the cake and eat it. It's either or

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.

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

[ajs318]

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

Yes, because the Law of the Land says you may transfer a licence -- and rights given to you by the Law of the Land cannot be denied to you by entering into a contract. That's what the magic words "Your statutory rights are not affected" mean. It's also the reason why EULAs have a severability clause; that's the bit that says if any provision is found not to be applicable it shall not prejudice any other provision.

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 the Law of the Land does not say you may install it as many times as you want. Though, you might argue in court that this constituted Fair Dealing {a deliberately ambiguous term: it is for the courts to decide what does or does not constitute fair dealing}. If you were successful, you would set a precedent.

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

Pretty much so, yes.

Are you a lawyer?

No, but I know my rights.