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WTH: not for resale software

post #1 of 29
6/2/06 at 2:29pm
Thread Starter 
http://www.edirectsoftware.com/produ...oduct_id=16445

These guys are selling Microsoft product with "Not For Resale" branded right onto the CD. How is this legal? Should I report it? If it is legal, I have some I'd love to sell.

My chat experience:

Jason: Hello, my name is Jason. I will be your LiveHelp representative. What can I help you with today?
Kevin: question about this product: http://www.edirectsoftware.com/produ...oduct_id=16445
Kevin: It says right on it "Not For Resale" yet you guys are reselling it. How is this legal?
Jason: according to the first sales doctrine, we are fully legal to sell this item
Jason: http://en.wikipedia.org/wiki/First-sale_doctrine
Kevin: and what is the first sales doctrine?
Kevin: I think your company's interpretation is incorrect
Jason: no, we have been in business since 2001 and have had no problems
Kevin: that would mean that Microsoft GAVE you (or you stole) this software
Kevin: because, if you BOUGHT it, then you are no longer the first ones to sell it
Kevin: well, whatever. I'll ask microsoft's piracy department.
Kevin: thanks.







These guys are doing it too.

http://www.viosoftware.com/Windows+X...f3956f683ad9c9

Maybe it is legal after all? The whole "first sale doctrine" seems like a load of crap to me...
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post #2 of 29
6/2/06 at 2:54pm
Thread Starter 
HAHAHHAHAHA! Read this:

You are now chatting with 'Jesse'
Jesse: Hello, my name is Jesse. What can I help you with today?
Kevin: hi there
Kevin: i have a copy of this software: http://www.edirectsoftware.com/produ...oduct_id=16168
Kevin: never been used, i have no need for it
Kevin: but for some reason, you can sell it and i can't
Kevin: microsoft gets mad at me when i try to sell it...
Kevin: any chance you guys would buy it from me and then you can sell it?
Jesse: one moment
Jesse: sorry, we do not buy back software
Kevin: i didnt buy it fro myou
Kevin: i got it from microsoft
Kevin: you must get software from SOMEWHERE or you wouldnt have any...
Jesse: sorry, we do not want it
Kevin: that's lovely
Kevin: perhaps i'll just be reporting you to microsoft now
Kevin: i'm sure they'd love to know about your little crime ring
Jesse: Our software is fully legal
Jesse: Microsoft may not approve of it
Jesse: but it is still fully legal
Kevin: dude, how can you be so crass?
Kevin: it says right on it: NOT FOR RESALE
Kevin: thus, by selling it, you are violating international copyright law
Jesse: "first sales doctrine"
Jesse: allows us to legally resell it
Jesse: regardless of what Microsoft says
Jesse: this has gone to court in the past
Kevin: which is fineable by up to 5 years imprisonment and 250,000 per infraction
Kevin: yeah, i've read it
Kevin: have you read it?
Kevin: it's a load of crap
Jesse: it is fully legal
Jesse: we have sold it for over 2 years
Kevin: can i quote you on that?
Kevin: might come in handy later
Jesse: please quote us
Jesse: and forward to piracy@microsoft.com
Kevin: oh I shall
Jesse: I can give you the direct link to report us if you wish
Kevin: interpol will hear about you too
Kevin: thats alright, i've got it already
Jesse: http://www.microsoft.com/piracy/ReportingUs.mspx
Kevin: i hope you guys all rot in prison
Kevin: i can't sell this, you shouldnt be able to either
Jesse: its fully legal
Jesse: thus we will continue to sell it
Kevin: so where do you get it from in the first place?
Kevin: why does microsoft allow you to obtain it if they dont like it?
Jesse: they do not "allow us"
Jesse: Microsoft very much disapproves of what we do
Kevin: so you steal it?
Jesse: but we find different ways to acquire it
Jesse: we do not steal it
Kevin: somewhere down the line, you're not going to be able to hide behind the 'first sale doctrine' as you obviously aren't the first to sell it
Kevin: you know you drive up the prices of legal software by doing this
Jesse: but what we do is legal
Jesse: thus we will continue to do it
Kevin: legal and moral are two different things
Kevin: enron is in jail for a long time now
Kevin: you still there?
Jesse: yes
Jesse: we are legal
Kevin: alright, sorry to waste your time. i just wanted to see how long it would take for you to hang up on me, so to speak
Kevin: i do however hope you dont get away with this, so i can get software cheaper in the future
Kevin: later man
Jesse: good bye
Jesse: Thank You for shopping at eDirectSoftware.
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post #3 of 29
6/2/06 at 2:54pm
Let us know what u find out. Hubby gets a lot of promotional Not for Resale software through his work. I could make a small fortune selling them off.
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post #4 of 29
6/2/06 at 2:55pm
yeah i'd like to know also i will look into this when i get home
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post #5 of 29
6/5/06 at 1:11am
i think you took the bad cop routine a bit to far dude.........and for that CS rep to be that calm with the way you were treating him

HE DOESNT WORK FOR THEM, why are you getting onto him and threating him? hes sub contracted out man, he knows jack *#&$ about the company/policies

you kinda just came off as a......well whatever.......who cares pirates are everywhere, that music your downloading? illegal, see no evil you just downloaded? illegal

EVERYONE does illegal things, its human pure and simple, just link the site to M$ and let them deal with it, dont be their smoking gun, or some clint eastwood busting up in a joint and taking names

honestly who cares? you get nothing for being a rat other than the title rat.....but whatever, do as you wish

<3 the part the CS rep asked if you wanted a direct link tho :P haha

soulsaver
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post #6 of 29
6/5/06 at 2:02am
I agree with soul_saver. Who cares what they do with this software...its not like Microsoft is really hurting from their practices. They are clearly working within legal limits...regardless of morality. The people of Enron are rotting in jail due to them ruining thousands of peoples lives...either because they were employee's who now hae no pension/retirement or residents of California who had to go through rolling blackouts. If only this was the biggest problem in our society. Let them be and if the deals are good you might as well grab some software while they are still around
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post #7 of 29
6/5/06 at 2:15am
I would be interested to know if said original thread maker does indeed download music illegally, use any software illegally, etc.

What crap Kevin to slam a guy who probably gets $10-12 an hour to man a phone. They get stupid how do I do "x" calls and then they get you. And people wonder why our jobs are shipped overseas? It's because a lot of Americans like the OP are complete asses so who wants to show up to a job and listen to that?

It so pisses me off between the Christian right telling me what I should believe, the left telling me what kind of car I can drive without causing global warming, and now some guy who has nothing better to do but do Microsoft's job for them and hunt down the "evil doer's" of the world. Whatever....
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post #8 of 29
6/5/06 at 2:23am
Quote:
Originally Posted by soulsaver_8229
i think you took the bad cop routine a bit to far dude.........and for that CS rep to be that calm with the way you were treating him

HE DOESNT WORK FOR THEM, why are you getting onto him and threating him? hes sub contracted out man, he knows jack *#&$ about the company/policies

you kinda just came off as a......well whatever.......

I also agree w/ the above.... I think the OP (sorry soulsaver) could have approached it a little more professionally or perhaps w/ a little more respect..
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post #9 of 29
6/5/06 at 8:13am
Quote:
Originally Posted by three4seven
I also agree w/ the above.... I think you could have approached it a little more professionally or perhaps w/ a little more respect..
was to tired

and i work in a meat department, i get chewed out if crap isnt out there by old guys and women all the time......am i to blame because we go through 4 people to get out meat? same situation......hes getting onto a guy that has no affliation with that company, for no reason eaither?

like come on, computers are overclocked, breaking warrentee, weve all done it, weve all burned a cd for non personal use, dvds likewise

EVERYONE in this very forum has done many illegal things, and for this dude to come on acting like captin planet saying how this company is hurting the enviorment?

come on, how about find scamers on e bay and let M$ worry about that website

soulsaver
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post #10 of 29
6/5/06 at 2:28pm
Thread Starter 
In my own defense:
1. The only reason I was so hard on the guy was I truly wanted to see how long he would put up with me before ending the conversation. The first rep I talked to got rid of me just as fast as he could.
2. The reason I am so ticked off by it, is I HAVE THE SAME PIECE OF SOFTWARE that they are selling for $789.99, and I CANNOT SELL IT!!! I've tried, everywhere I try to sell it I get in trouble for violating policy.
3. All of my games are legal. All of my versions of Windows are legal, cost me a lot of money. All of my movies are legal, I have 75+ DVDs and I didn't pay more than $10 for any of them. Please get off my back, everyone does NOT pirate. Piracy is not the #1 problem in the world, but it does without a doubt drive the prices up for those of us who are trying to be honest about it.
4. I guarantee it was not a third party tech-support company, and if it was, they get people like me all the time. You should have seen how quickly they whipped out those links about the 'first sale doctrine.' They've got them stored on their desktop in notepad or in their favorites or something.
5. You guys who think that I, trying to help a company that I respect and enjoy product from (Microsoft), am at fault for being a jerk? When did open, blatant, and callouse theft for personal gain become a nice thing to do? I'm not the one doing anything wrong or illegal; they're doing the illegal activity and paying lawyers (who no one really likes either) to find loopholes for them so the courts cannot make them stop. Yeah, I feel reaaaaaaal sorry.
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post #11 of 29
6/5/06 at 2:34pm
Piracy hardly drives up the price of software. You know what drives up the price of software? The fact that Microsoft has total control over the market. take an economics class and learn about a monopolistic competition, because that is the type of market Microsoft is producing in. How did you get this not for relsae software and why are you trying to re-sell it even though it is marked NFR. I feel like your trying to put blame on a company that is successfully trying to do what your doing. This thread should be deleted and i am sorry for bumping it back to the top.
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post #12 of 29
6/5/06 at 3:19pm
the first one is the edirect one.
http://www.microsoft.com/piracy/partners/alerts.mspx#
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post #13 of 29
6/5/06 at 3:53pm
Kevin, if you think that they're doing an illegal practice and you want to stop it, you should report them to the authorities or to microsoft. That's it. If microsoft didnt win that battle in court what makes you think that offensive attitude from you will change anything? It will not, it'll only waste everyone's time and make you look stupid.
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post #14 of 29
6/5/06 at 3:57pm
Quote:
Originally Posted by kevineugenius
they're doing the illegal activity and paying lawyers (who no one really likes either) to find loopholes for them so the courts cannot make them stop.

And you're trying to do the job of the Microsoft lawyers (who no one really likes). I promise you that Microsofts lawyers are massively overpaid to do the work they do, and despite being lawyers that no one likes, they do know a thing or two about law. So, why don't you let Microsofts lawyers earn their money and stop playing e-cop.
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post #15 of 29
6/5/06 at 10:37pm
Thread Starter 
I cannot believe the response I am getting for this. Microsoft GAVE me the NFR software. It is Small Business Server 2003, a software that I cannot use. Thus, I thought I could pawn it off at half-price to someone that could use it.

I GOT SHOT DOWN multiple times.

Thus, I feel that Microsoft, a company that I respect, really and strongly doesn't want people to sell this product. So, I stopped trying to sell it.

Then, I accidentally run across multiple people exploiting a stupid loophole in a lawbook to do what I was told multiple times to not do.

Reporting to the authorities will do no good. Reporting to Microsoft will do no good. I have, however, taken a few steps in contacting my local representatives to perhaps get this law amended.

Why am I being read the riot act for trying to fix something in our government system? Oh, I suppose you guys are all those people that like to whine about how stupid our country's politics are, and blame everything on someone other than yourself. That's fine if you want to be that way, but I am not, and never will be, that way.

Someone close this thread please. I'll try getting a straight answer elsewhere. Geez.
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post #16 of 29
6/5/06 at 11:05pm
Quote:
Originally Posted by kevineugenius
Reporting to the authorities will do no good. Reporting to Microsoft will do no good.
And whining about it here was no good either. Enjoy your redness.
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post #17 of 29
6/6/06 at 4:15pm
Thread Starter 
Thanks much for the negative rep. Means a lot. If you perhaps read the whole thread, I was asking for someone else to perhaps lend me some expertise on how this was possible. I wasn't whining until everyone starting getting on my back about it.
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post #18 of 29
6/6/06 at 8:31pm
Short answer:

You CANNOT resell ANY microsoft product that is marked NOT FOR RESALE

Your OEM copie of XP must be sold with the computer that it has been installed on.

Sorry about your issue with the Server 2003.....

Might want to find someone and do a trade with them...

Just NO sales.
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post #19 of 29
6/6/06 at 8:40pm
Quote:
Originally Posted by kevineugenius
Thanks much for the negative rep. Means a lot. If you perhaps read the whole thread, I was asking for someone else to perhaps lend me some expertise on how this was possible. I wasn't whining until everyone starting getting on my back about it.

You started an entire THREAD here about MS Software in response to you getting shot down in a FS thread. Of course you are going to land neg rep for that. Whether or not you consider it whining it comes off as whining.

I didn't neg rep you, but I am trying to explain to you why people see it the way they do.
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post #20 of 29
6/6/06 at 9:51pm
eh i'll to throw in my 2 cents
The website is suspicious. I couldnt find any explanation as to how the prices are so low (to be expected) but i did check out all of their 5-star ratings. Unless this is a massive conspiracy, they do have 5 stars in many of the review websites. Something else to note is that the software doesnt come with any box or instruction; just oem cd. Maybe they get surplus cd's from computer stores like dell with some kind of exclusive deal/loop hole. I wonder how they do it

And speaking of piracy, i understood that most companies would rather you pirate their software than not use it at all or use a competitors software. Maybe some of you more knowledgeable guys could verify/refute this.
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