posted on July 2, 2001 07:22:42 PM
Hi,
I recently had an auction of mine yanked by eBay and Microsoft. It was for MS Office 97 Professional Full Version. Still in CD Case with key #'s and all. It is not a burned copy and not pirated. How can I sell this great item? Do I have to send a used hard drive with it? (I've seen some listings mention that).
I bought it from a guy who went out of business and sold all his stuff.
Any suggestions?
Thank you! http://www.school-auction.com
posted on July 2, 2001 07:56:05 PM
Good luck. Microsoft has been flexing its VeRo power over everything lately. Probably more now than normal with the XP line coming out.
I had put in a bid for an OEM version of Office 2000 Pro and it got yanked. Fortunately, I kept all of the information and made a direct deal with the seller. I got it and am very happy.
I'm not sure that it will end up being able to be sold on ebay.
posted on July 2, 2001 08:00:20 PM
The short answer is that you really can't sell it on eBay, not since someone turned you in and the auction was pulled.
posted on July 3, 2001 06:13:02 AM
I am an Authorized Microsoft reseller, and would not go near ebay with the stuff.
The jewel case CD with the key code is either a WWW (world wide fulfillment) or an AE (academic) version, and illegal for you to sell outright.
Microsoft is now vigilantly prosecuting ebay and other online sellers of this same item, and there was a guy just 4 miles from me arrested for selling "Microsoft 97 & 2000 in the jewel cases with key codes".
Give em to your friends, or get your money back from the people you bought em from, but take my advice... "DON'T SELL EM"!!!
Ebay by the way cooperates fully with Microsoft and the law on tracking down these sellers.
posted on July 3, 2001 06:24:59 AM
Don't just "keep relisting til it sells" -- Second offense of same item...you're PERMANTELY booted. (I know, it happened to a friend 2 years ago, and he was selling a 100% legal BOXED SHRINKWRAPPED RETAIL FULL version of NT, not academic, not open, not oem....) No amount of emails to eBay got his spotless 200 feedback account reopened...
(Plus eBay kept ALL of the outstanding listing fees for the other auctions they killed when they NARU'd him ... and of course continued to charge his credit card)
Basically put... given the current state of interpretaion of the Millenium Copyright act and the typical shrinkwrap licence (very limiting)... You pretty much CAN'T resell ANY software you get unless it is totally unopened, AND, if it's listed on eBay, are willing to fight for it and risk even selling those.
I agree with the other person here... I wouldn't touch reselling ANY used software *especially Microsoft* in any way, shape or form. I'm amazed at the number of people who took the risk of reselling the Office XP upgrades from the Staples/Office Max deals (where they "gave" you from $200 to $400 worth of other hardware and software free with purchase of XP for the first 2 weeks it was out). People were dumping the software to keep the hardware, or dumping all to make $100-$300 (and the market got flooded and prices plunged from $239 to $75 for Office upgrades at the same time..finally eBay buyers are getting smart)
Set it out at your rummage sale, or put an ad in your local paper instead. It's not worth the legal hassles (even if you're 100% in the right) to deal with eBay and the VERO gods.
posted on July 3, 2001 06:28:27 AM
As with any software, you need to read the license very carefully. If the license prohibts "transfer", you can't resell it. Lately, Microshaft has been writing their licenses so most stuff can't be re-sold.
Funny thing is, our local Sherriff's department has a "thrift store" that funds Youth Camps. Lots of illegal software there, but just WHO do you turn your local Sheriff's Department into?
Who Need's a stink'n Sig. File?
posted on July 3, 2001 10:31:03 AM
Movies are covered under the First Sale Doctrine. The VSDA fights to keep this doctrine upheld. You may rent or sell a video once you have purchased it. I think that is why software is "licensed" and not "sold"
posted on July 3, 2001 01:03:06 PM
VErified Rights Owner
e.g. You write your own auction listing or feedback helping program. You list it for sale on eBay... Someone buys it from you and then starts selling it, competing against you. You can register yourself with eBay as the rights owner to the product and swear that only you have rights to sell it, and then you can get all the others whole stole it booted off of eBay.
Problem is this is taken too far and eBay believes anyone willing to "swear" (electronically and thru a Fax signature) they own the rights to something---even if they don't---and will subsequently do as they're told.
The problem to this whole VERO thing is that it's abused, both by corporations and by individuals--namely other sellers.
Sony/Sega/Microsoft/Adobe/et. al. have the right to keep someone from reselling a cheap/free academic or OEM software package or more blatent yet..a CDR pirate copy of a disc.
Problem is they also go after those that are 100% legit.
But the bigger problem is that lets say I see someone listing photocopies of manuals of something. Reviewing his previous listings and negative feedback, I see that this is the case. I report him (as an individual concerned) to eBay. eBay will do NOTHING about it.
I have to register as the rights owner to the item that is being illegally copied for eBay to do anything.
The other side of this is I could like and say I own the copyright to, lets say, for example (and not so far fetched) "Quick Stain Remover". Anyone listing an auction with those words together, I could have them shut down for violating my copyright (even though I dont need to prove anything with eBay). I could just be another seller trying to dump a ton of cheap imported stain remover and want to get rid of the competition...
The whole VERO thing needs rework for both sides, or eBay truely needs to go back to "only a venue" status (for real, not just lip service) and allow everything and police nothing.
But sorry.. got off the topic of this question. Again, I say... DONT even attempt to sell software...especially microsoft, especially if it's out of the shrinkwrap... you're asking for TONS of trouble.
posted on July 3, 2001 02:28:52 PM
If have the right to sell the software, file a counterclaim with eBay and then you can re-list it.
However, the best thing to do with MS software is return it to MS after you're finished with it and buy a new upgraded version from MS. At least that appears to be the trend.
posted on July 3, 2001 06:05:17 PM
I to got cancelled AND supspended for selling MS OFFICE a few months back...they cancelled all of my auctions but reinstated me in about 3 days.
I wrote MS about it and they asked for pictures of the logos and cert of side of box...I sent them and they said it was counterfeit. I swear by looking at it you would never be able to tell..
Anyway I listed it in my local newspaper and got tons of calls and sold 3 within a few days locally!!
