Re: Legal stuff

Capt Tobias Willcock wrote:
> I won a DVD of Windows Vista Ultimate 64 bit edition complete with license
> key from a Microsoft developer website on vista UK launch day back in Feb
> 2007. I have never installed it as I don't have a 64bit machine to put it on
> (this disc contains 64bit software only). I was considering putting it on
> eBay but upon closer inspection of the disc it says "Not For Retail Or OEM
> Distribution" it also says "Not for resale". Not really sure of the legal
> implications but as I understand it I'm stuck with a disc which I own and
> won fairly and squarely but cannot sell it!
> Alternatively could I let it go for free and charge 90 pounds postage &
> packing, would this be legal and above board?
>
>

Screw MS and their penchant for thinking that they are the only ones
above the law. It's your property now so you can do whatever you want
with it, including selling it. As you haven't installed or activated it
yet, there is no way MS or anyone else, will know you sold it. Hell,
they don't even know you own it!

Alias

"Alias" <> wrote in message
news:gl2bqn$dlb$...
> Capt Tobias Willcock wrote:
>> I won a DVD of Windows Vista Ultimate 64 bit edition complete with
>> license key from a Microsoft developer website on vista UK launch day
>> back in Feb 2007. I have never installed it as I don't have a 64bit
>> machine to put it on (this disc contains 64bit software only). I was
>> considering putting it on eBay but upon closer inspection of the disc it
>> says "Not For Retail Or OEM Distribution" it also says "Not for resale".
>> Not really sure of the legal implications but as I understand it I'm
>> stuck with a disc which I own and won fairly and squarely but cannot sell
>> it!
>> Alternatively could I let it go for free and charge 90 pounds postage &
>> packing, would this be legal and above board?
>
> Screw MS and their penchant for thinking that they are the only ones above
> the law. It's your property now so you can do whatever you want with it,
> including selling it. As you haven't installed or activated it yet, there
> is no way MS or anyone else, will know you sold it. Hell, they don't even
> know you own it!
>
> Alias

For once I agree with Alias. I say "screw em" and go ahead and sell that
copy on ebay. It's yours and you can do whatever you want with it.

Bill Yanaire wrote:
> "Alias" <> wrote in message
> news:gl2bqn$dlb$...
>> Capt Tobias Willcock wrote:
>>> I won a DVD of Windows Vista Ultimate 64 bit edition complete with
>>> license key from a Microsoft developer website on vista UK launch day
>>> back in Feb 2007. I have never installed it as I don't have a 64bit
>>> machine to put it on (this disc contains 64bit software only). I was
>>> considering putting it on eBay but upon closer inspection of the disc it
>>> says "Not For Retail Or OEM Distribution" it also says "Not for resale".
>>> Not really sure of the legal implications but as I understand it I'm
>>> stuck with a disc which I own and won fairly and squarely but cannot sell
>>> it!
>>> Alternatively could I let it go for free and charge 90 pounds postage &
>>> packing, would this be legal and above board?
>> Screw MS and their penchant for thinking that they are the only ones above
>> the law. It's your property now so you can do whatever you want with it,
>> including selling it. As you haven't installed or activated it yet, there
>> is no way MS or anyone else, will know you sold it. Hell, they don't even
>> know you own it!
>>
>> Alias
>
> For once I agree with Alias.

The sky opens and angels appear to witness the miracle ;-)

Alias

NFR (Not for Resale) software is the type of software sent out to every
software reviewer in the country. As a Journalist it is accepted that 'a
company' be that Microsoft or anyone else is allowing you to have full use
of that software without you having to pay a single penny for it. That is a
goodwill gesture on behalf of the company, they don't have to do it. If they
wish they can also ask for it back, they usually don't, but I have reviewed
a number of software packages where the company required that i return the
product after reviewing.

Another important issue here is 'ownership' Remember, even if you 'buy' a
copy of an operating system you have actually paid 'only' for the CD that
the operating system is on. The actually operating system code you 'rent' or
'licence'. It isn't yours it is the software companies and, again, if they
want it back, they can simply revoke your licence to use the product.

While, for once, I agree with you Alias in principle that you should be able
to sell the product, in this case, as it is an NFR copy you are stuck with
it. Anyone seeing the NFR would immediately be on their guard and would, if
they purchased it, ask for their money back.

--

--
John Barnett MVP
Windows XP Associate Expert
Windows Desktop Experience

Web: http://www.winuser.co.uk
Web: http://www.silversurfer-guide.com
Web: http://vistasupport.mvps.org
Web: http://xphelpandsupport.mvps.org

The information in this mail/post is supplied "as is". No warranty of any
kind, either expressed or implied, is made in relation to the accuracy,
reliability or content of this mail/post. The Author shall not be liable for
any direct, indirect, incidental or consequential damages arising out of the
use of, or inability to use, information or opinions expressed in this
mail/post..


"Alias" <> wrote in message
news:gl2gho$3aj$...
> Bill Yanaire wrote:
>> "Alias" <> wrote in message
>> news:gl2bqn$dlb$...
>>> Capt Tobias Willcock wrote:
>>>> I won a DVD of Windows Vista Ultimate 64 bit edition complete with
>>>> license key from a Microsoft developer website on vista UK launch day
>>>> back in Feb 2007. I have never installed it as I don't have a 64bit
>>>> machine to put it on (this disc contains 64bit software only). I was
>>>> considering putting it on eBay but upon closer inspection of the disc
>>>> it says "Not For Retail Or OEM Distribution" it also says "Not for
>>>> resale". Not really sure of the legal implications but as I understand
>>>> it I'm stuck with a disc which I own and won fairly and squarely but
>>>> cannot sell it!
>>>> Alternatively could I let it go for free and charge 90 pounds postage &
>>>> packing, would this be legal and above board?
>>> Screw MS and their penchant for thinking that they are the only ones
>>> above the law. It's your property now so you can do whatever you want
>>> with it, including selling it. As you haven't installed or activated it
>>> yet, there is no way MS or anyone else, will know you sold it. Hell,
>>> they don't even know you own it!
>>>
>>> Alias
>>
>> For once I agree with Alias.
>
> The sky opens and angels appear to witness the miracle ;-)
>
> Alias

John Barnett MVP wrote:
> NFR (Not for Resale) software is the type of software sent out to every
> software reviewer in the country. As a Journalist it is accepted that 'a
> company' be that Microsoft or anyone else is allowing you to have full
> use of that software without you having to pay a single penny for it.
> That is a goodwill gesture on behalf of the company, they don't have to
> do it. If they wish they can also ask for it back, they usually don't,
> but I have reviewed a number of software packages where the company
> required that i return the product after reviewing.
>
> Another important issue here is 'ownership' Remember, even if you 'buy'
> a copy of an operating system you have actually paid 'only' for the CD
> that the operating system is on. The actually operating system code you
> 'rent' or 'licence'. It isn't yours it is the software companies and,
> again, if they want it back, they can simply revoke your licence to use
> the product.
>
> While, for once, I agree with you Alias in principle that you should be
> able to sell the product, in this case, as it is an NFR copy you are
> stuck with it. Anyone seeing the NFR would immediately be on their guard
> and would, if they purchased it, ask for their money back.
>

Very nice and complimentary assessment of MS and others' licensing
scams. We sell it to you but it belongs to us. Cute. Note that the OP
won it, he didn't get it for review so perhaps you may want to change
your assessment of the situation.

BTW, those NFR install and activate nicely and the OP or the person he
sells them to won't have a problem other than putting up with FUD from
MVPs like you.

Alias

"Alias" wrote

> Bill Yanaire wrote:

>> "Alias" < wrote

>>> Capt Tobias Willcock wrote:

>>>> I won a DVD of Windows Vista Ultimate 64 bit edition complete with
license key from a Microsoft developer website on vista UK launch day
back in Feb 2007. I have never installed it as I don't have a 64bit
machine to put it on (this disc contains 64bit software only). I was
considering putting it on eBay but upon closer inspection of the disc it
says "Not For Retail Or OEM Distribution" it also says "Not for resale".
Not really sure of the legal implications but as I understand it I'm
stuck with a disc which I own and won fairly and squarely but cannot
sell it!
>>>> Alternatively could I let it go for free and charge 90 pounds
postage & packing, would this be legal and above board?
>>> Screw MS and their penchant for thinking that they are the only
ones above the law. It's your property now so you can do whatever you
want with it, including selling it. As you haven't installed or
activated it yet, there is no way MS or anyone else, will know you sold
it. Hell, they don't even know you own it!
>>>
>>> Alias
>>
>> For once I agree with Alias.
>
> The sky opens and angels appear to witness the miracle ;-)
>
> Alias