EBay and OEM software
From Julian Yap
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Contents |
OEM Software
Original Equipment Manufacturer (OEM), or bundled software, is software that is obtained as part of the purchase of a new computer.
Sellers may not list "OEM" or "bundled" copies of software on eBay unless they are selling it with computer hardware. OEM software licenses usually prohibit the purchaser from reselling the software without the accompanying computer or without any computer hardware.
Some Examples
Paula is upgrading her computer, and decides to sell an out-dated version of Microsoft’s Windows software. Unless she also sells the computer on which this version of Windows originally came installed, however, Paula is not allowed to list the software on eBay.
Josh works part-time repairing computers. Over time, he has accumulates numerous copies of OEM software. eBay policy does not permit him to sell this software without computer hardware. Even though the computers on which this OEM software was originally installed are no longer operational, Josh may not list the OEM software on eBay without also listing it with its accompanying hardware.
Some example listing text
This oem product will come with a non-warranted piece of non-peripheral hardware. As per Microsoft regulations.
Extra info
Sell your copy of Windows - legally!
In a blow to Adobe -- and to license restrictions throughout the software market -- the Central District Court of California ruled that software buyers can resell the software even if the End User License Agreement prohibits it.
The U.S. district court ruling suggests that, as the owner of that copy of Windows that you got stuck with when you bought your computer, you have the right to sell it -- just like any other product you might own.
I wonder if this means that eBay will relax their restrictions on software auctions.
The judge, in the case Adobe vs Softman heard in the Central District of California, has ruled that consumers can resell bundled software, no matter what the EULA, or End User License Agreement, stipulates. Specifically, the ruling decrees that software purchases be treated as sales transactions, rather than explicit license agreements. In other words, consumers should have the same rights they'd enjoy under existing copyright legislation when buying a CD or a book. They can't make copies, but they can resell what they own.
From here: http://librenix.com/?inode=1527
