Is it legal to re-sell Microsoft software?

[mgordon99]

I did not know this was going to happen at all. Let me explain what happened. After I purchased the Office 2000 software at my college bookstore for $199, a few months later my University made a licensing agreement with Microsoft whereby students could purchase Office 2000 at an extremely low price. I went ahead and purchased another copy as the deal was too good to pass up. I decided that I didn’t need two copies of Office 2000, so that is when I placed the original copy on Ebay. I misplaced the original CD key, and called Microsoft for a replacement, which I provided to the buyer. I had no idea that the key would not work.

So the buyer is upset at me, but I did not know this would happen. I called Microsoft and they informed me that the buyer needs to call them personally. Will the purchaser be able to obtain a legitimate CD key? Or will Microsoft give them the runaround? I am upset by this because I had no clue it would happen.

[narayan]

I think it is legal to sell if you give him the book that comes with it. However, I am no expert.

[mgordon99]

Yes, it has the book and the retail box. I just lost the original CD jewel cases with the CD key.

[howste]

I guess it depends on what version of the software you bought (actually, "licensed"). If it's the "Academic Edition" which most college bookstores sell, then the buyer must also qualify in order for them to legally use the software.

Academic Edition Software. If the SOFTWARE PRODUCT is identified as "Academic Edition" or "AE," you must be a "Qualified Educational User" to use the SOFTWARE PRODUCT. If you are not a Qualified Educational User, you have no rights under this EULA.

In any case, Microsoft will probably do whatever their bureaucratic policies dictate, no matter how honest you are. Maybe you should send the buyer your more recent copy instead.

Steve

[mgordon99]

Well the recent one is also academic.

BTW, I lost money on the sale, it went for $120 on Ebay, I paid $199.

[This message has been edited by mgordon99 (edited 06-27-2000).]

[Mntsnow]

mmgordon, You might want to just refund the money and get the software back for your self:

Academic software — "Academic" versions of software generally are sold only for the use of students, faculty or educational institutions. Such software packages often are sold at significantly discounted prices with restrictions on how they can be used and re-sold. These restrictions are usually spelled out in the license agreement that goes with the software.

Software companies usually allow academic versions of their software to be sold only by "authorized educational resellers," students, faculty or educational institutions. Those sellers may only sell the software to students, faculty members, educational institutions and others specifically designated by the software company.
Both the buyer and seller are at risk for infringement if they do not comply with the applicable licensing agreement for the software. If the seller of academic software is not authorized to sell it to third parties (i.e., not an authorized educational reseller, faculty member, student, educational institution or other authorized user) both the seller and buyer could be at risk for infringement.

If the seller of the academic software is authorized, it usually is not enough for the buyer to simply affirm it is an authorized buyer (e.g., student). Software agreements often require that the seller take steps to ensure that the buyer is qualified. If such steps are not taken and the sale turns out to be unauthorized, there could be liability for infringement.

This is a good over veiw of most of the software manufacturers AE rules. This was just a C & P from Ebays warnings.

[DrCorvette]

I was hoping to find better news at MacroSwamp, but I didn't.=.. Office 2000 Volume Licensing the Academic Edition in the U.S. and Canada 1."Open License customers may obtain their Open Product Key by contacting the Microsoft Registration Center for their region or by accessing their eMOLP Web site. The Authorization Number and License Number are required to view the Open Product Key If the customer lost the Authorization Number, License Number, Store-keeping unit (SKU), and quantity, the customer must contact the reseller for this information. Microsoft Technical Support cannot assist until the customer has this information." <<= http://support.microsoft.com/support...-US&SD=gn&FR=0 2."Corporate customers, educational institutions, and government agencies agree to accept responsibility for compliance with the licensing terms and conditions of the software they acquire // many home use customers are unknowingly in violation of their license agreement." =>> http://www.microsoft.com/enterprise/.../Secondary.htm 3." SOFTWARE LICENSES: YOUR RIGHTS
With every Microsoft product you acquire, you receive a EULA (End User License Agreement). In essence, most EULAs grant you the right to INSTALL the product on ONE computer and to USE the software.

Warning: EULAs can vary from one product to the other, giving you additional rights that you might not be aware of. So: Please remember your software is a very valuable investment, so take your time and read about your rights in the EULA! =>> http://www.microsoft.com/enterprise/licensing/FAQ.htm SO, if you have a "Open License" or "Volume License" from the academic purchase it appears rather iffy. lotsa luck DrVette


[This message has been edited by DrCorvette (edited 06-27-2000).]

[mgordon99]

So Microsoft is telling me I cannot sell something that I legally paid for? What about the thousands of others on Ebay that sell software? Are they all authorized by Microsoft?

This is stupid! The person I sold it to is in the military, could that be educational use?

So I should buy it back and let it sit and collect dust or throw it in the trash? I can't beleive this bull.

[alondra]

not sure of any of this but I think MS claims that we dont own any thing just lease (licence) it how ever it looks like you paid full price for the first one, I would suggest you get it back , refund the buyer, then with your copy in hand as the legal licencee, demand that they supply you with the key, the key is for their benifit not yours. . then do as you wish with it. IMHO

[DrCorvette]

I looked for about 45 minutes, yet NEVER did I see anything pertaining to the re sale of academic software. Just the product "key" information is all that I could uncover. Navigating at MacroSwamp is, tedious, at best. Does the user/buyer have to have the product key to use/install the software? This is my first occasion to get involved with corporate/government/academic sales of software. We need to know. Please keep us updated to your progress. DrVette

[mgordon99]

Does the user/buyer have to have the product key to use/install the software?

Yes they have the key that Microsoft gave me as a replacement key, but she claims it wont work.