Not For Resale | The Coffeehouse

The VISTA Business DVD that MS is giving away from the Power Together web site says "Not For Resale". They have shut down my ebay auction on this item. I'm not a lawyer, but if it was given away it was never sold - so I'm not "RE" selling it am I?

I understand what I'm selling is a license, but I think software people have gone crazy with some interpretations of things. I'm selling a license of Vista that was given to me.

littleguru

Take it as Microsoft has sold it to you for 0 $

webmonkey

shuff1203 wrote:

The VISTA Business DVD that MS is giving away from the Power Together web site says "Not For Resale". They have shut down my ebay auction on this item. I'm not a lawyer, but if it was given away it was never sold - so I'm not "RE" selling it am I?

I understand what I'm selling is a license, but I think software people have gone crazy with some interpretations of things. I'm selling a license of Vista that was given to me.

You're kidding right ?

You think they're crazy, when you are trying to play with words to make it sound like you're allowed to profit out of a free giveaway.

You've stopped someone that did want it from getting it, and Microsoft want to make sure you can't profit out of that.

shuff1203

People profit from free give aways all the time.

If someone wants to purchase something you've been given then have at it.

All I'm saying is just because someone says "Not For Resale" doens't mean that's the end of the story.

It's like the dump trucks that go down the road with signs that say "Not Responsible For Items Thrown From Truck" - that doesn't really mean that are not responsible just because they have a sign. If that was the case insurance companies would have all of us put signs on our cars that just read "Not Responsible" then when I run into you and you call up the insurance company they would say - ya sorry did you read the sign.

Massif

Check the Ts and Cs of the offer, I'm prepared to bet it says something like "award is not transferrable and cannot be sold."

The "Not for Resale" sticker is there more so anyone who buys it off you knows you've broken the rules. The actual rules will be written somewhere else. (I'm guessing.)

JohnAskew

shuff1203 wrote:

The VISTA Business DVD that MS is giving away from the Power Together web site says "Not For Resale". They have shut down my ebay auction on this item. I'm not a lawyer, but if it was given away it was never sold - so I'm not "RE" selling it am I?

I understand what I'm selling is a license, but I think software people have gone crazy with some interpretations of things. I'm selling a license of Vista that was given to me.

You think like a theif.

"You don't want to resell Vista Business DVD."
"You want to go home and rethink your life."

Downloading music and movies from off-shore web sites is also illegal. You can stop that practice if you so engage.

Good luck.
[A]

JohnAskew

sirhomer wrote:

This guy has a point. How exactly can Microsoft enforce "Not for Resale" on software? Did you sign a contract with them?

His point is that he wants to profit from other's work.

That is unethical and immoral.

What other point can you find?

Cool

Massif

"I accept the terms and conditions contained within..." blah blah blah.

I didn't get to take part in the powertogether offer, but they'll be terms and conditions and taking part will be requisite upon accepting them. So yes, you signed a contract - in a sense. (Although I don't know what the terms were, but I distinctly remember one of them being you must be resident in the US or Canada - I kinda stopped reading at that point.)

phreaks

Massif wrote:

"I accept the terms and conditions contained within..." blah blah blah.

I didn't get to take part in the powertogether offer, but they'll be terms and conditions and taking part will be requisite upon accepting them. So yes, you signed a contract - in a sense. (Although I don't know what the terms were, but I distinctly remember one of them being you must be resident in the US or Canada - I kinda stopped reading at that point.)

I will sell you a 1 meter by 1 meter piece of my property. Then you can say you are a resident, no?

JohnAskew

phreaks wrote:

Massif wrote: "I accept the terms and conditions contained within..." blah blah blah.

I didn't get to take part in the powertogether offer, but they'll be terms and conditions and taking part will be requisite upon accepting them. So yes, you signed a contract - in a sense. (Although I don't know what the terms were, but I distinctly remember one of them being you must be resident in the US or Canada - I kinda stopped reading at that point.)

I will sell you a 1 meter by 1 meter piece of my property. Then you can say you are a resident, no?

No.

Massif

I'd have to come and live on it for a certain number of days a year. Good offer though Big Smile

I'm not sure I could do it, although I could get one of those pillboxes they use at Buckingham palace and become a tourist attraction.

I think I enjoy my residency in the UK too much thanks.

phreaks

Massif wrote:

I'd have to come and live on it for a certain number of days a year. Good offer though

I'm not sure I could do it, although I could get one of those pillboxes they use at Buckingham palace and become a tourist attraction.

I think I enjoy my residency in the UK too much thanks.

OK, but don't say I never offered Tongue Out

For an extended fee I would even run electricity out there for you. [A]

PaoloM

phreaks wrote:

Massif wrote: I'd have to come and live on it for a certain number of days a year. Good offer though

I'm not sure I could do it, although I could get one of those pillboxes they use at Buckingham palace and become a tourist attraction.

I think I enjoy my residency in the UK too much thanks.

OK, but don't say I never offered

For an extended fee I would even run electricity out there for you.

What about broadband? That would clinch the deal Smiley

phreaks

PaoloM wrote:

phreaks wrote:

Massif wrote: I'd have to come and live on it for a certain number of days a year. Good offer though

I'm not sure I could do it, although I could get one of those pillboxes they use at Buckingham palace and become a tourist attraction.

I think I enjoy my residency in the UK too much thanks.

OK, but don't say I never offered

For an extended fee I would even run electricity out there for you.

What about broadband? That would clinch the deal

Of course, wireless broadband is included. And the Tx rate I am subscribed to is 15 Mb downstream, 3 Mb Upstream; so it's a decent package. Thrown in free of charge, no usage restrictions.

Heck, I could prolly offer about 30 or 40 of these deals, so if you're in need of a US residency; I am your man.

PaoloM

Uhmm... a pity I'm here already Smiley

shuff1203

I think like a theif? That is ridiculous.

You people really are crazy. I am against piracy - It's not like I'm copying software and selling it.

BELIEVE IT OR NOT - I signed up on the Power Together when it first opened to take the training - and the software was a bonus.

I already OWN the software which I PURCHASED - it came with my MSDN subscription.

I'm trying to profit off of other's work?

Those who got a free copy and didn’t own it already profited off of others work by now using VISTA for free - oh my. No difference.

JohnAskew

shuff1203 wrote:

I think like a theif? That is ridiculous.

You people really are crazy. I am against piracy - It's not like I'm copying software and selling it.

BELIEVE IT OR NOT - I signed up on the Power Together when it first opened to take the training - and the software was a bonus.

I already OWN the software which I PURCHASED - it came with my MSDN subscription.

I'm trying to profit off of other's work?

Those who got a free copy and didn’t own it already profited off of others work by now using VISTA for free - oh my. No difference.

So GIVE IT AWAY, you silly bum. Tongue Out

"Not For Resale" is rather unambiguous, imho.

ClipMon

Isnt not for resale a part of the license agreement? So if some one used the software for a year, then wanted to sell it, they couldnt because of the not for resale clause of the license agreement.

I dont see whats wrong with selling a license if it has never been activated. I would hope that book publishers couldnt simply stick not for resale on their books to prevent some one from selling the book after they've finished reading it. (Well, at least without agreeing to it first.)

Is it illegal for me to buy vista that has not for resale printed on it, discover it doesnt work on my pc, (without activating it mind you) and then selling it on ebay for a loss?

CodeMonkey666

shuff1203 wrote:

I already OWN the software which I PURCHASED

You do know that you don't own software you license it?

It's basicly a legal contract not ownership.

ScanIAm

The term 'resale' sounds like you are re-selling something, but in essense, it means that it cannot be sold. period. MSFT cannot sell it to you nor can you sell it to anyone.

This sounds odd, but it's been a standard practice that predates the software industry. The music industry has been using this phrase since the first mass produced recordings were sent out to radio stations.

If you want, you can get a lawyer and sue eBay, but you'll just be wasting your money. Instead, since you already have a copy from MSDN, why don't you do something decent and donate it to a non-profit organization.

PaoloM

ClipMon wrote:

Isnt not for resale a part of the license agreement? So if some one used the software for a year, then wanted to sell it, they couldnt because of the not for resale clause of the license agreement.

Yup.

ClipMon wrote:
Is it illegal for me to buy vista that has not for resale printed on it, discover it doesnt work on my pc, (without activating it mind you) and then selling it on ebay for a loss?

Yes, it's illegal. It's a breach of contract.

PaoloM

ScanIAm wrote:

The term 'resale' sounds like you are re-selling something, but in essense, it means that it cannot be sold. period. MSFT cannot sell it to you nor can you sell it to anyone.

Well, actually MSFT can sell it to you (first sale doctrine). It's YOU that can't sell it again after that.

ClipMon

But like I said, not for resale is part of a license that has not been accepted. And isnt this type of sale, under the first sale doctrine, legal?

Edit: Didnt see post above, you say that Microsoft can sell it, (obviously) but I dont see why retailers (and by transitivity, individuals) cant sell it also.

Take bottled water as an (poor) example, the individual bottles say not for resale, but they are being sold by the manufacturer, to the grocer, and then finally to the consumer. -- I'm sure some one can come up with a better example of a not for resale product being sold by a 3rd party which is not affiliated with the original manufacturer.

PaoloM