[NTLUG:Discuss] I got this offer

[Daniel Hauck]

I'm no lawyer, but I can tell you historically what happened.

If they had enough to get him for anything else, they would have.  There was
no reason to hold back on it.  He was selling himself as a "service" where
he trusted his customers to have proper licenses.  The argument held up in
court.

The only thing that didn't hold up was his use of trademarked graphics on
the label.


----- Original Message -----
From: "Chris Cox" <cjcox at acm.org>
To: <discuss at ntlug.org>
Sent: Tuesday, July 02, 2002 12:04
Subject: Re: [NTLUG:Discuss] I got this offer


> Daniel Hauck wrote:
>
> >Technically, neither.
> >
> Perhps in Indonesia... lots of places to hide...
>
> >
> >I had a friend who did that type of operation several years ago (is it
him?
> >what's the email address?)  He was even selling them at the Saturday
sale.
> >Microsoft stopped by and expressed disapproval and then much later they
> >busted him.  They couldn't bust him for what he was doing though...
> >
> If your "friend" really did sell illegal copies of Microsoft (or other
> SW)... he broke the law...
> plain and simple.  It used to be very popular to acquire the throw-away
> OEM copies, either
> through contacts or at auctions... this too is illegal unless the copies
> are acquired with the intended
> destination computers from the original agreement and sold by an
> authorized reseller.
>
> In other words, that OEM copy of Microsoft Office you  may have picked
> up for $50 at
> Used Stuff Etc., is likely illegal.... which is why you don't see too
> much of this in the Dallas
> area anymore, btw.  Now the selling of OEM product to used/consigment
> stores is probably
> still done, however, I think under a strict interpretation of the law,
> you're not allowed to
> do this either... but I don't think that has been sufficiently
> challenged yet.  I'm not saying the
> law is right or wrong... I believe if the software "belongs to you", you
> should be able to
> have say so over the rights of transfer of that software to another....
> but the law on that is
> another matter.
>
> The only way to "sell" backup copies (if it legal at all) would be to
> have the person submit
> proof of ownership (privacy implications of this aside).... I've seen
> this technique used
> on out-of-print software/audio (usually to get copies on CDs).... again,
> not sure it is totally legal
> either.
>
> >
> >...they busted him for use of Microsoft trademarks. :)  So if anyone does
> >it, just make sure it's clearly labelled and no trademarked  information
is
> >on the label.  Otherwise, it seems to be legal at the moment.
> >
> I really would not trust this advice... my two cents.  I think there's
> enough there to make
> a clean bust.
>
> >
> >----- Original Message -----
> >From: "Fred James" <fredjame at concentric.net>
> >To: <discuss at ntlug.org>
> >Sent: Tuesday, July 02, 2002 11:08
> >Subject: [NTLUG:Discuss] I got this offer
> >
> >
> >
> >
> >>I got this offer from something called "Warez CD" to sell me "backup"
> >>CD's and serial numbers for different software, at $19.99 a set.  The
> >>claim is it is the same thing as the boxed set, just no box or manual.
> >>They are advertising Adobe, Microsoft, etc., software, including XP Pro,
> >>Photoshop 7.0, Office XP Pro, etc.
> >>
> >>My first thoughts were "pirate" and "sting" - how about you?
> >>
> >>
> >>
> >>
> >
> >
>
>
>
>
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