Windows 2000 Professional 1-2Cpu Download
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I don't know if this is ok to sell. If not, please close this thread. I have 5 copies of Windows 2000 Professional 'Quick Start Guide' with 'FOR DISTRIBUTION ONLY WITH A NEW PC' in front. Each has a Certificate of Authenticity sticker taped to the back. These did not come with a CD.
I bought these from 9software.com a while ago and no longer need them. On the sticker: Windows 2000 Professional 1-2 CPU End-User licensed for one operating system only. Product Key: XXXXX-XXXXX-XXXXX-XXXXX-XXXXX Microsoft Windows NT Wkstn 4.0 Product ID: XXXXX-OEM-XXXXXXX-XXXXX Here is a picture: Here is the link to the same product on 9software.com: Another one: I am selling these at $60 each with one piece of computer hardware. I just want to get rid of these since they're sitting around collecting dust.
Thanks for looking. [This message was edited by 0xfc00 on January 15, 2002 at 23:53.]. I am going to temporarily forbid this sale, but leave the thread open for comments from members who may be better-versed in this area than I. My gut reaction is that this seller would need to be an OEM business himself in order to have the legal right to sell this item, but so far my research on Microsoft's website has met with ambiguous results.
So, proceed as if this were a legal sale in terms of calling dibs, but no transaction is to be completed until I have an answer which satisfies me concerning the legality of the sale. I reserve the right to stop this sale at any time, although since I can't physically stop you you'll just end up banned and trouted. AFAIK, copyright laws, and by extension the OEM restriction, only covers the original transaction, or 'first sale'. Since the store sold the licenses to him, the 'first sale' has taken place, and the licenses are now fair game. The OEM restriction would not restrict a private transaction such as this.
I'd bring up the relavent precedent, but I don't know what it is. Microsoft, of course, would disagree vehemently with this, but all copyright holders do.
And Microsoft is famous for wanting to suck every last penny out of a person. Toaster Cast Pro Apk Download. Also, as the seller is adding a restriction that the license will be sold with a piece of hardware (which is basically the OEM restriction), I don't really see a problem with this transaction. Quote: here why doesn't someone email MS and get their official view of the world?
I think that if you email somebody at Microsoft, especially some type of salesperson, you're going to get their skewed version of reality. *cough* MS vs. DOJ *cough* Here's a better approach: Are there any college students around, perhaps somebody studying copyright law?
Or, does anybody know someone in the legal system that could give some advice on the matter? There has to be some concrete legal precedent on this, doesn't there?
Print out the EULA. That _is_ the conditions of your license.
If it doesn't say anything about resale (I think it does), then you'll be ok. Otherwise just do what it says. I wouldn't imagine that the 'with hardware purchase' requirement would apply to private resale. The EULA will let you know though.
Section 8 of the Windows XP Professional MSDN ISO states: quote: 8. NOT FOR RESALE SOFTWARE. Product identified as 'Not for Resale' or 'NFR,' may not be resold, transferred or used for any purpose other than demonstration, test or evaluation. Which would mean no sale I guess. Which kinda sucks since I sold a Win2KPro-NFR before.
Then again, if you're going to be that literal, TechData wouldn't be able to sell NFR's for $50 either. Indigo: Maybe-maybe-not. It is not at all clear whether those EULAs are or can be binding. My own feeling is that they are not, since they are an after-the-fact provision of the sale of the copy, which is disallowed by contract law. It is conceivable (and demonstrable) that some courts will rule differently. Until and unless the SCOTUS says one way or the other it's a crapshoot.
However, I would think that anyone actually prosecuted this way would have an excellent chance of winning on the. Also note that if the packaging is not opened, then nobody agreed to the EULA anyway and it's not binding -- the only thing that was 'agreed to' was that MS (or an authorized distributor) agreed to exchange this copy of the OS for that much money, which pretty much fits anyone's definition of a sale. That view was supported, IIRC, in a case where Adobe sued someone who was buying Adobe bundles and selling each individual program from the bundle, without ever installing the program or otherwise indicating agreement to the EULA.
The sued individual won. As far as i know, it is LEGAL to sell OEM software, provided you include the manual and COA with it.
Also if you read it, in the terms of use license, there is a provision about transfer of license that is in effect until windows millenium and XP. So its ok to allow this sale, although technically you should be selling some hardware with it. That is part of the OEM provision. I have gotten away with this one ebay even, but you have to sell it with hardware. It dont have to work (hint hint) but you have to include it. But if the mods say no, its their perogative.