posted on April 11, 2005 10:45:06 AM new
I can buy Windows XP Professional at a discount. Can I list this on eBay or woulud I get a VERO from Microsoft? These are in Original sealed pkgs.
posted on April 11, 2005 10:52:14 AM new
As long as they are legit new unused product there should be no problem.
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If it's really "common" sense, why do so few people actually have it?
Hello, my name's David Zamos. This is my first time posting here, but I've learned alot from eveyone, especially Karen and Michael- Thanks!
I wanted to let everyone know about a situation that has developed regarding Microsoft and I, and the eBay Vero program thereby. First, is there anyone else whos frustrated with the VERO program's apparent requirment that you fax in all sorts of sensitive information in order to affect a counternotice? The DMCA lists specific elements and specific actions to be taken if those elemnts are included- I don't see how eBay thinks they can unilatterally modify the law... oh well
Anyways I bought Microsoft software that I later learned I couldn't use without some trouble, I guess Microsoft doesn't let XP Pro users to upgrade to XP Home edition without reformating their hardrives!
When I went to return the software to my school, where I bought it, the University of AKron, I was refused- they said Microsoft won't let them accept returns. I then tried to sell off the software on eBay- I clearly stated it was educational software, and hadn't been opened/used. The auctions were cancelled by Microsoft due to some licensing agreement that is apparently presented upon installation of the software, but is not mentioned in any way upon the packaging- and I never installed the software.... One auction ended before the cancellation, however; so I had only one piece of software left.
I then wrote Microsoft a certified mail letter telling them that I didn't know about the license, but rejected it, and wanted to return the software, which was unopened, to them for a refund. They mailed me a response 34 days after signing the return reciept that said they accept returns for up to 30 days after purchase... great, they took longer than that to send me their form letter in response. I have the postmarked return envelope and the return reciept, so I can prove these dates.
Anyways I then counternoticed through the DMCA's provisions to eBay and Microsoft ignored such, even though I sent a copy to their corporate attornies at Covington and Burling, and told them what and why I was doing. They had plenty of time to oppose the auction, which ran for five days after ebay reinstated the auction... which took about 18 days after they recieved the counternotice in the first place.
Finally, I told eBay to remove the records of any naughtiness from my account relating to the first auction they cancelled that had succesfully ended before the cancellation. This auction was completed on the 27th of Sept, and I sent the notice asking for the negative marks to be removed on the first of Dec. Microsoft was apparently confused, despite the fact I specifically and solely refrenced the completed auction, and thought this related to a new auction they had ended.
Apparently not wanting to let silly things like facts and reason get in the way, they filed a lawsuit against me in my federal District Court.
I counterclaimed, citing various deceptive trade practices, holding consumers to licenses they don't know about, and for general nastiness- stipulating that I would settle all counterclaims for an appology for my time, and a decleration that Microsoft has no evidence that I've been manufacturing or duplicating their CD's- which they sorta alluded to in their complaint. I later found out that the complaint they filed was a "form complaint" that their local counsel has filed in many previous actions that did involve illegal duplication. When cutting and pasting my name I guess they forgot to remove these items.
Microsoft refused to accept my "settlment" of $0.00 and an appology, but wanted to drop the whole suit. I refused, and we're currently awaiting our first case managment conference and the begining of discovery.
Hope someone gets something outa this whole deal! Seriously, the software I purchased cost $50...
As this is non-willful infringment and Iwas unaware of any license when I listed the first auction (and I complied with Microsoft's VERO page's "msnetsafeteam" requirments when I listed the second item after the succesful counternotice) they are limited to recovering actual damages. As they have two law firms and four attornies on this case, these damages might just be a tad less than their legal fees, but I really think an ape could beat this case in court anyways.
In general though, I'm in this for the principle... I don't really have any assets to settle a judgment anyways, and as I'll be entering a doctoral program in two years, I really have no need for decent credit for a long while.... Most Graduate programs provide stipends that are not considered salaries, and so may not be attached, and many provide free housing. Other than that, I own nothing.
Not really afraid of losing anyways though, and looking forward to deposing Microsoft, lol. I'd appreciate any comments
posted on April 11, 2005 12:29:20 PM new
I decided to go directly to MicroSoft & the answer is yes, I can resell it if it is a retail pkg with no problem.
posted on April 11, 2005 08:37:50 PM new
I bought a Windows XP from Gateway which I never opened or installed. I decided after I had bought it that I didn't want it. Gateway wouldn't take it back so I put it on E-bay. It wasn't on a half hour and E-bay pulled the auction saying I couldn't sell it. Then Microsoft sent a nasty E-Mail. I finally sold it at a Flea Market with a computer.
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Two men sit behind bars,one sees mud the other sees stars.
