A friend recently went computer shopping on eBay, and a considerable number came with expensive software like Photoshop and Office installed. This isn’t legal legal, is it?
A few sellers mentioned that they’d leave the software installed if the buyer claimed to already own a copy. Does this transfer the burden of responsibility to the buyer?
Does eBay have any responsibility to stop these auctions for, in essence, pirated software? Are sellers every busted by law enforcement?
This is legal as long as the seller has not re-installed the software on another computer for his own use. The seller should also provide any installation discs, manuals, CD keys, etc.
Fat Bald Guy,
I think the OP makes it pretty implicit that the sellers aren’t transferring the media and CD keys.
And I am not a lawyer, but my best WAG is that this is certainly illegal on the buyer’s part and at best legally shaky on the seller’s part.
The buyer isn’t covered by any agreement with the software manufacturer, so he’s in the clear.
The seller is supposed to either remove the software from the computer, or give the disks to the buyer. In fact, if I recall various EULA’s, the seller is only prohibited from installing the software on a new computer without removing it fromthe first, so he’s only in trouble if he installs it from the disks.
You may have to read the actual EULA for each application to be sure whether or not this is kosher.
Some EULAs have prohibited transferring the software to another person (other than the initial buyer), period. Even if you hand them the CDs, owner’s manual and swear on a stack of Bibles that you have not ever installed the software in any other location.
IIRC Microsoft did this with Windows for a while although their latest EULA allows it:
http://www.microsoft.com/windowsxp/home/eula.mspx
In the US, I am not sure such a EULA is legally enforceable because of the doctrine of first sale.
Not to mention that it’s still unclear whether or not a EULA would be enforcable at all.
About 10 minutes ago I just finished installing a brand new, legitmately purchased, everything straight-up and legal software program, and I actually read the EULA.
If I interpret it properly, I can transfer it to another individual user if I give it up entirely – no keeping a copy on another computer, no reinstalling from the disks later, etc.
I’ve actually heard this many many times and it does make me wonder what the straight dope is. The EULA supposedly allows you to return the product to the place of purchase for a complete refund, if I recall correctly. However trying to get said refund would be next to impossible due to store policies of not accepting opened software packaging for return. This seems to be what I have been told though I’ve never bothered to find out for certain.
In that case you would have to try and get the refund from the software maker. I do know that Microsoft does this.
Let’s make this easier shall we, and not that it has ever been a problem for me as I have always been given release candidate versions for testing but that’s beside the point.
Though if I get the urge I may read one of the agreements. Also being north of the great divide that has caused difficulties for people in the past. Now I have heard,
Many time before, the reason I stated was one of many reasons EULA’s were supposedly unenforceable.
Back to the OP, while I’m still not certain of weather or not the EULA would in fact be enforcable. Personally I believe it would be wrong to accept the software without documentation, media, and keys.
Not to get into the EULA debate (which i have done many many times on this board before), another thing to keep in mind is if the new purchaser does not have the original discs, keys and other information he will find it next to impossible to get a new key or disc to reinstall if needed and will most likely not be able to get support on the product also.
Not according to eBay.