posted on May 13, 2002 08:52:17 AM new
I just had a Set of Restore Cd's for a Laptop ended by Microsoft. This was two CD's to restore a Compaq Laptop back to Factory Specs. New in the box.
Has anyone ever had success in filing a Counter Notice agaist Microsoft?
posted on May 13, 2002 09:20:22 AM new
Forget what the other poster said about the license. There's more to it than that.
Unless you were selling the laptop as well, they're going to win every time.
The way the licenses read under restore CDs, you CAN NOT set or transfer the software without the computer. Legally, it doesn't matter if the laptop died and you threw it in the trash. The software has to go with it.
posted on May 13, 2002 09:24:35 AM new
what if the seller said it comes with a dead laptop,if you want it included in shipping,shipping cost will go up??
posted on May 14, 2002 02:56:08 PM new
You beat (screw ) microsoft. Buy any software they sell as if there is any worth having. Make yourself a backup copy. Then return to store for refund based on the fact that if you do not accept the license you must return to store.
Yea I know I am a crook and a parasite on society. Please feel free to add any other derogatory comments you think I will care about.
posted on May 14, 2002 07:34:15 PM new
Mrfoxy
Does the license follow the computer, or the hard drive? The reason I ask is I recall sometime back a poster stating he includes a hard drive with every MS software sale he makes, claiming that the software is for that drive only, but there is no guarantee as to the working condition of the hard drive (wink wink).
The light at the end of the tunnel will turn out to be an oncoming train.
posted on May 15, 2002 06:08:35 AM new
Regarding Microsoft License agreements. First questions to ask is the software OEM or retail software. if it is retail, then the software can be sold straight out. However, if it is o3em, then the software must be sold with hardware. In the case of a laptop, then software was sold iwth the laptop must stay with the laptop.
In reality, when you read the license agreement, you do not even own the software, you are paying Microsoft to use their product and they can revoke it at anytime.
posted on May 15, 2002 01:24:36 PM new
If I file a counter notice, MS will have 14 days to reply.
I dont think they will. I will file and let you know what happens.
I was selling a new set of Compaq Laptop Restore CD's. They can be only used on the model they were made for.
Dear eBay Seller,
eBay recognizes that sometimes a listing may be mistakenly identified by a Verified
Intellectual Property Owner or law enforcement as offering an infringing or otherwise unauthorized or illegal item. In the event that such a mistake occurs, you should contact the complaining party directly. eBay will gladly allow you to re-list the item upon receipt of an acknowledgement of the mistake from the complaining party.
Alternately, if the complaining party does not agree that their request was in error, you may provide the attached Counter-Notice Regarding Removed Listing to eBay. The Counter Notice form requests a sworn statement under the penalty of perjury and other information which substantially complies with the requirements of the Digital Millennium Copyright Act, 17 U.S.C. section 512, which states:
To be effective under this subsection, a counter notification must be a written communication provided to the service provider’s designated agent that includes substantially the following:
(A) A physical or electronic signature of the subscriber.
(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(D) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent from such person.
Please fill out a separate Counter-Notice form for each listing which you believe was removed as a result of a mistake or misidentification. We will not be able to consider your Counter Notice unless you fill out the form in its entirety, and physically sign the form.
Upon receiving the original of your fully completed Counter-Notice, eBay will notify the reporting party. If the issue(s) cannot be resolved, eBay will send your Counter-Notice to the reporting party. eBay will inform that entity that eBay will allow the re-listing of the removed items within 14 business days unless eBay receives notice from the reporting party that it has filed an action seeking a court order to restrain you from re-listing such items. If the reporting party disagrees with your Counter-Notice, they may file a legal action against you to prevent the re-listing of the ended item(s). Alternatively, if they notify us in writing or by e-mail that they no longer object to the item, listing, or material, we will allow it to be re-listed.