# Cheap software CDs--legal? **URL:** \ **Category:** Factual Questions\ **Created:** [October 23, 2002, 4:38pm UTC](https://boards.straightdope.com/t/cheap-software-cds-legal/133538 "2002-10-23T16:38:32Z")\ **Posts on this page:** 11\ **Page:** 1
**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\ **Post date:** [October 23, 2002, 4:38pm UTC](https://boards.straightdope.com/t/cheap-software-cds-legal/133538/1 "2002-10-23T16:38:32Z")
I got a spam email yesterday from an outfit selling what appear to be current versions of software, but just selling the CDs without including the box or any manuals. The prices are very cheap (don’t have it handy to be able to quote). It included Microsoft XP, as one example. The pitch was, why pay for a pretty box you’re going to throw away, and a manual that’s usually useless anyway? Is this legit? I can copy in the text from the email later if anyone’s interested. ---
**Author:** ![scotth](https://avatars.discourse-cdn.com/v4/letter/s/b9e5f3/32.png) [@scotth](https://boards.straightdope.com/u/scotth)\ **Post date:** [October 23, 2002, 4:40pm UTC](https://boards.straightdope.com/t/cheap-software-cds-legal/133538/2 "2002-10-23T16:40:44Z")
I would forward the email to Microsoft and see if they think it is legit. ---
**Author:** ![buckgully](https://avatars.discourse-cdn.com/v4/letter/b/eb9ed0/32.png) [@buckgully](https://boards.straightdope.com/u/buckgully)\ **Post date:** [October 23, 2002, 5:06pm UTC](https://boards.straightdope.com/t/cheap-software-cds-legal/133538/3 "2002-10-23T17:06:02Z")
It may or may not be legit in the country that they come from, but it’s not at all legit in the US. When travelling in eastern Europe I saw lots and lots of those cds, and I’m told it’s similar in southeast Asia, and it’s all sort of a grey market there. I’m assuming that’s where they get those CDs. When you pay for software in the US (and most other countries that have similar copyright laws) you’re actually paying for a license to use that software. The manuals and boxes are usually factored into that price, but aren’t usually a large factor in pricing the software. There are some companies that will sell you their software without manuals for less than with, but not all do that. I suppose this would be legal if they sent you a legit Microsoft manufactured XP cd with a real certificate of authenticity and a valid registration code, but then they wouldn’t be able to sell them for $10 or whatever, they’d be priced about the same as a real copy you’d buy from a store. Don’t bother copying text from the spam, I’m sure anyone that wants to read it will merely need to wait a little while and they’ll get it too. ---
**Author:** ![Alereon](https://avatars.discourse-cdn.com/v4/letter/a/ecd19e/32.png) [@Alereon](https://boards.straightdope.com/u/Alereon)\ **Post date:** [October 23, 2002, 5:31pm UTC](https://boards.straightdope.com/t/cheap-software-cds-legal/133538/4 "2002-10-23T17:31:08Z")
I’m with **buckgully**. While you can buy software for under half of retail in OEM form, with no box, manuals, or tech support available, it generally isn’t DIRT cheap. Windows XP full still costs about $90, and I have to think that any place offering it for less is selling you a pirated copy. ---
**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\ **Post date:** [October 24, 2002, 12:53am UTC](https://boards.straightdope.com/t/cheap-software-cds-legal/133538/5 "2002-10-24T00:53:05Z")
OK, just FYI, here’s the pitch > [@](#): > > We sell Backup CDs, also known as Warez CDs. Backup CDs are copies of Software. > For example if you go into a shop and buy Windows XP Pro, for about $299 you get the Serial, the CD, the Box and the Manual. > > When you order from Power Backups you get The Windows XP CD and the Serial Number. It works exactly the same, but you don’t get the manual and the fancy box. That is a saving of $280, and the only difference is you don’t have a colorful box and manual - which are not very useful. > > Photoshop 7.0, Ms Windows XP, Ms Office XP, WarCraft III, Flash MX > > Buy First CD for $24.99, Second CD for $16.99, Get one FREE! ---
**Author:** ![scotth](https://avatars.discourse-cdn.com/v4/letter/s/b9e5f3/32.png) [@scotth](https://boards.straightdope.com/u/scotth)\ **Post date:** [October 24, 2002, 1:02am UTC](https://boards.straightdope.com/t/cheap-software-cds-legal/133538/6 "2002-10-24T01:02:33Z")
Ah, that explains it. They are skirting the law by saying they are selling back up copies. That is to say that it is only legal to buy from them if you already own a license copy and would only use this if your original disk was damaged. Of course, I am sure they are doing very little to check to see if you already own a copy. As the ad is worded, it probably just squeaks by as technically legal. Their business is pretty transparently illegal, as it is probably run. Could be some good money in passing this on to all the companies who’s software is for sale. This is the kind of piracy that really costs them alot of money. I would put money on that if you bought a copy of XP from them, you would have a very hard time activating it. ---
**Author:** ![Gozu\_Tashoya](https://avatars.discourse-cdn.com/v4/letter/g/7993a0/32.png) [@Gozu\_Tashoya](https://boards.straightdope.com/u/Gozu_Tashoya)\ **Post date:** [October 24, 2002, 5:56am UTC](https://boards.straightdope.com/t/cheap-software-cds-legal/133538/7 "2002-10-24T05:56:59Z")
I have the feeling that the theory that selling backup copies of software being legal is an UL, along with “you can install this pirated program, as long as you delete it within 24 hours” and “if you ask an undercover cop if he’s a cop, and he says ‘no’ then it’s entrapment.” CD duplication services (you send them a CD and they’ll copy it for you) is one thing, this, I would imagine, is another. Going back to the OP, not considering the text of the email, it should be legal to sell legitimately copies of the software for cheap, as it’s not illegal, AFAIK, to sell something for a loss. Not very good business sense, though. ---
**Author:** ![techchick68](https://avatars.discourse-cdn.com/v4/letter/t/ea5d25/32.png) [@techchick68](https://boards.straightdope.com/u/techchick68)\ **Post date:** [October 24, 2002, 7:40am UTC](https://boards.straightdope.com/t/cheap-software-cds-legal/133538/8 "2002-10-24T07:40:45Z")
[http://www.microsoft.com/piracy/](http://www.microsoft.com/piracy/) Your source for pirated/illegal MS software. Generally, the minimum that is required (if I remember correctly) is the original CD and the manual, both of which have the MS hologram. As a former reseller, I am completely for people purchasing the correct licensing along with those “selling” software. Some people do make a living off this, not just Microsoft. In addition, pirated software has created a Big Brother issue when dealing with the big software companies. Just my 2 pennies worth. ( oh and I have turned in several “businesses” for illegal software selling in the past. But I am just a snot I guess. ) ---
**Author:** ![Urban\_Ranger](https://avatars.discourse-cdn.com/v4/letter/u/e9c0ed/32.png) [@Urban\_Ranger](https://boards.straightdope.com/u/Urban_Ranger)\ **Post date:** [October 24, 2002, 3:14pm UTC](https://boards.straightdope.com/t/cheap-software-cds-legal/133538/9 "2002-10-24T15:14:04Z")
Maybe you should have turned in MS, because it started on an illegal copy of CP/M. ---
**Author:** ![Huerta88](https://avatars.discourse-cdn.com/v4/letter/h/82dd89/32.png) [@Huerta88](https://boards.straightdope.com/u/Huerta88)\ **Post date:** [October 24, 2002, 11:31pm UTC](https://boards.straightdope.com/t/cheap-software-cds-legal/133538/10 "2002-10-24T23:31:58Z")
“warez” has, in every instance I’ve come across it (I’m no authority) denoted unabashedly-pirated software. The ad you got just seems to be putting a veneer of ostensible deniability over it. Gray market doesn’t, I think, explain this phenom. – sounds strictly black market (the stats on percentage of E. Europe/Asia MS products that are simply bulk-copied in Bulgaria or Taiwan are somewhere easily available online – BSA or SPA, maybe; the number is well above 85%). The fact that the CD may be printed with MS logos, etc. doesn’t mean it’s gray market; it means the guy who duped the CD for 40 cents spent another 10 cents faking the MS art. ---
**Author:** ![occ](https://avatars.discourse-cdn.com/v4/letter/o/8c91f0/32.png) [@occ](https://boards.straightdope.com/u/occ)\ **Post date:** [October 25, 2002, 12:02am UTC](https://boards.straightdope.com/t/cheap-software-cds-legal/133538/11 "2002-10-25T00:02:53Z")
Yes. They’re selling Warez CDs – a legitimate product. Certainly legal. Lord knows the only reason Windows XP costs $300 is the fact that you’re paying for the ink on a fancy box! Why, whoever heard of anything but materials factoring into the cost of a product? _guffaw_