# I just bought Norton Internet Security OEM version... **URL:** \ **Category:** Factual Questions\ **Created:** [November 18, 2004, 5:58pm UTC](https://boards.straightdope.com/t/i-just-bought-norton-internet-security-oem-version/275496 "2004-11-18T17:58:04Z")\ **Posts on this page:** 6\ **Page:** 1
**Author:** ![Elvez](https://avatars.discourse-cdn.com/v4/letter/e/8491ac/32.png) [@Elvez](https://boards.straightdope.com/u/Elvez)\ **Post date:** [November 18, 2004, 5:58pm UTC](https://boards.straightdope.com/t/i-just-bought-norton-internet-security-oem-version/275496/1 "2004-11-18T17:58:04Z")
I’m at work and haven’t had a chance to install it. I bought it from an online software outlet… Printed on the disk are the words “Not for retail/resale” and “For Sale in Turkey and Israel” Anything here I need to be worried about? ---
**Author:** ![Crown\_Prince\_of\_Irony](https://avatars.discourse-cdn.com/v4/letter/c/ed655f/32.png) [@Crown\_Prince\_of\_Irony](https://boards.straightdope.com/u/Crown_Prince_of_Irony)\ **Post date:** [November 18, 2004, 6:45pm UTC](https://boards.straightdope.com/t/i-just-bought-norton-internet-security-oem-version/275496/2 "2004-11-18T18:45:04Z")
I’d be worried. I can say with **absolute** certainty that, at best, the software you have is not authorized for use outside EMEA (Europe, Middle East, Africa). At worst, it could be a counterfeit copy made overseas, which means that it could have any manner of problems - trojans or bots installed with the application, bugs in the code, etc. Are you legally at risk for using said software? Maybe, maybe not. I don’t think anyone would go after you, but it is highly possible that the IDS/AV updates of NIS may not work. If it’s a pirated or noncompliant version, the DRM key in the product may not register with Symantec, and you’d wind up with a nifty coaster instead of protection for your system. I would recommend that you demand a return of the software, and if the online reseller refuses, report them to Symantec. A tip-off for non-compliant/pirated software is this: if the reseller is selling OEM Norton products separately, without requiring the purchase of significant system components, it’s most likely either pirated, or being sold outside the terms and conditions of the software license agreement. Under Symantec’s OEM agreement, resellers can not sell OEM software directly to end-users; it should be sold only with a complete system, or in some cases with a drive or mobo. This is usually the case for most major software vendors, not just Symantec. Good luck. ---
**Author:** ![Elvez](https://avatars.discourse-cdn.com/v4/letter/e/8491ac/32.png) [@Elvez](https://boards.straightdope.com/u/Elvez)\ **Post date:** [November 18, 2004, 7:38pm UTC](https://boards.straightdope.com/t/i-just-bought-norton-internet-security-oem-version/275496/3 "2004-11-18T19:38:56Z")
Thanks for the response. Here’s what the web site’s FAQ says (can I post a link directly to the site?) > [@](#): > > Q: Is it legal to sell OEM / CD Only software? > A: This is a great question, many of the software companies would like you to believe the answer is no and often attempt to scare customers by placing text on the CD that says, for example; “For distribution with a new pc only” or something to that effect, but rest assured it is in fact legal to purchase OEM software. The truth is that the First Sale Doctrine protects our right, as well as yours to sell OEM / CD Only software. > > Software companies have attempted to circumvent the first sale doctrine by creating elaborate licensing agreements, in which they claim that the software is not actually yours, but that you only licensed it. Several courts however have found it does in fact meet the criteria of a sale and therefore have upheld the first sale doctrine. > > The following is a collection of interesting articles involving US Copyright law, software, and the first sale doctrine, and how they apply to shrink wrap licenses as has been interpreted by US District Court judges: _snip_ The disk came with the product activation key. I don’t think (yet) that the software was pirated, but I’m a little ticked that the Turkey and Israel thing wasn’t indicated when I bought the software… Anyway, if I’m a dumbass for trying to save $20 by buying the disk from a discount site that turns out to be illegitimate, then I’ll gladly accept my lesson. ☹ ---
**Author:** ![Crown\_Prince\_of\_Irony](https://avatars.discourse-cdn.com/v4/letter/c/ed655f/32.png) [@Crown\_Prince\_of\_Irony](https://boards.straightdope.com/u/Crown_Prince_of_Irony)\ **Post date:** [November 18, 2004, 9:02pm UTC](https://boards.straightdope.com/t/i-just-bought-norton-internet-security-oem-version/275496/4 "2004-11-18T21:02:45Z")
> [@](#): > > Q: Is it legal to sell OEM / CD Only software? > A: This is a great question, many of the software companies would like you to believe the answer is no and often attempt to scare customers by placing text on the CD that says, for example; “For distribution with a new pc only” or something to that effect, but rest assured it is in fact legal to purchase OEM software. The truth is that the First Sale Doctrine protects our right, as well as yours to sell OEM / CD Only software. > > Software companies have attempted to circumvent the first sale doctrine by creating elaborate licensing agreements, in which they claim that the software is not actually yours, but that you only licensed it. Several courts however have found it does in fact meet the criteria of a sale and therefore have upheld the first sale doctrine. > > The following is a collection of interesting articles involving US Copyright law, software, and the first sale doctrine, and how they apply to shrink wrap licenses as has been interpreted by US District Court judges: _snip_ Wow. This company really wants to push the envelope. I am not a lawyer, but from what I understand First Sale Doctrine usually only applies to those products whose intrinsic value is derived wholly from their physical contents and packaging (a CD, book, etc.). AV software, or any software whose license includes a content update subscription (such as virus defs, IDS sigs, etc), and whose successful operation requires such updates, is not typically subject to the First Sale Doctrine. Either this company has no clue what they are talking about, or (more likely) their lawyers have 10 lb. brass gonads. Either way, they can talk to any number of companies Symantec has sued over the past few years. Even with products that could fall under the First Sale Doctrine, this company is most likely violating the OEM agreement between themselves and their OEM vendors or distributors, which stipulates the terms and restrictions of sales. Said agreement is what allows them to acquire OEM product in the first place. So while they may or may not be criminally liable, they very well could be civilly liable for breach of contract. The big thing you as the consumer should worry about is that the most OEM agreements stipulate that the OEM provider must provide technical support for the product, and that the vendor (in this case, Symantec) may refuse support to the end-user - this is a common stipulation in all OEM agreements (hardware and soptware). Basically it means the end-user must call the reseller for tech support, and I doubt these guys are prepared to support you. My best suggestion to avoid suspect software when purchasing any retail software package is to go to a few vendors that you know are providing reputable product - CDW, PC Connection, or any other reseller you really trust. Get the price for a retail copy from them. If the price from some no-name onliune reseller is more than 20% less, it’s probably suspect. There is no way that a mom-and-pop website should be able to beat a CDW on price by a significant margin. Anyway, good luck. ---
**Author:** ![Balthisar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/balthisar/32/2825_2.png) [@Balthisar](https://boards.straightdope.com/u/Balthisar)\ **Post date:** [November 19, 2004, 12:30am UTC](https://boards.straightdope.com/t/i-just-bought-norton-internet-security-oem-version/275496/5 "2004-11-19T00:30:28Z")
> [@Crown Prince of Irony](#): > > The big thing you as the consumer should worry about is that the most OEM agreements stipulate that the OEM provider must provide technical support for the product… I always hear this argument. I know support is a big business, but is there any percentage of people available that actually use support? I’m no genius, but I’ve never, ever called in support for software in my life. I have to assume that this is typical of people have beyond-the-basics understanding of computers. You get a virus after the subscription is up (it’s only three months these days!), you call support? Or do you say, oops, reformat and reinstall? ---
**Author:** ![FatBaldGuy](https://avatars.discourse-cdn.com/v4/letter/f/ecd19e/32.png) [@FatBaldGuy](https://boards.straightdope.com/u/FatBaldGuy)\ **Post date:** [November 19, 2004, 3:05am UTC](https://boards.straightdope.com/t/i-just-bought-norton-internet-security-oem-version/275496/6 "2004-11-19T03:05:56Z")
> [@Balthisar](#): > > I always hear this argument. I know support is a big business, but is there any percentage of people available that actually use support? I’m no genius, but I’ve never, ever called in support for software in my life. I have to assume that this is typical of people have beyond-the-basics understanding of computers. > > You get a virus after the subscription is up (it’s only three months these days!), you call support? Or do you say, oops, reformat and reinstall? I think the bigger issue here, and one that some have alluded to, is whether this OEM / non-US version would be eligible for upgrades of software and virus data, which is essential for this type of program.