Accused of pirating on eBay

lamborgini8 · Sep 8, 2009

I am totally baffled by this one... I have been selling bits and bobs on ebay a lot recently and I listed a old, unused, version of Windows 2000 on there. It is 100% genuine and authentic yet I just received an email from ebay stating that my listing was removed because Microsoft reported it to them.

Here's what the email says... Sorry its a bit long.

Thank you for your recent auction-style listing on eBay. Unfortunately, your item(s) breached one or more of our policies and had to be removed from the site. Any associated fees have been credited to your account and any bidders on this item have been notified.

270452793382 - Windows 2000 Professional Genuine Operating System

because Microsoft Ltd (UK) reported it to us for violating their intellectual property rights. When eBay is notified by a rights owner of an intellectual property rights infringement, eBay must remove the item in order to meet certain legal requirements.

Why did we remove your listing?

You may not list unauthorised copies of media on our site because selling them is both illegal and against eBay policy. Unauthorised copies include (but are not limited to) backup, pirated, duplicated, or bootlegged copies of software, video games, music, films, television programs, photographs and books, both published and unpublished.

Copyright owners possess the exclusive right to reproduce their copyrighted work, to distribute copies of their copyrighted work, and to perform or display their copyrighted work publicly.

Guideline: If the product you are selling is a copy of another work that you aren't authorised to copy, don't list the item. You may not list software on eBay that is in breach of the manufacturer's copyright license. Some common types of software with license agreement restrictions include:

- Academic software
Software sold at discounted prices to students, faculty members, and educational institutions.

- Beta software
Early copies of software that are distributed by software developers for evaluation and troubleshooting purposes.

- Original Equipment Manufacturer (OEM) software
Software that is included with the purchase of new equipment.

You may need to obtain the manufacturer's consent to sell this software.

Reading it through shows that I have done nothing wrong right? Or is it illegal to sell windows operating systems? Like if I bought Vista from a shop but decided I didn't want it and couldn't return it to the shop I would be stuck with it as I can't list it on ebay?

I really don't understand this.

Doofus · Sep 8, 2009

I'd just sell it on craigslist lol. You could respond by saying that it is an authentic version of windows 2000... but :

Copyright owners possess the exclusive right to reproduce their copyrighted work, to distribute copies of their copyrighted work, and to perform or display their copyrighted work publicly.

Which pretty much means "no". Specifically the word "exclusive" as in "them only". :S Sorry dude.

Deleted member 8382 · Sep 8, 2009

Only you, the buller can sell it acording to the terms of their contract. This way they avoid people installing it and then selling it, you bought it and only have the right to use it, if anyone else needs it he must buy it directly from Microsoft.

Remember that you pay for the lisence that you most likely alredy used, and so you have nothing left to sell, trying to resell the disc is then illegal.

Not that I like the system, just explaining it

Elektrotechniker · Sep 8, 2009

What fees do you have to pay?

lamborgini8 · Sep 8, 2009

Hallucynogenyc said:
Only you, the buller can sell it acording to the terms of their contract. This way they avoid people installing it and then selling it, you bought it and only have the right to use it, if anyone else needs it he must buy it directly from Microsoft.

Remember that you pay for the lisence that you most likely alredy used, and so you have nothing left to sell, trying to resell the disc is then illegal.

Not that I like the system, just explaining it

Total crap basically then...

Silvershot said:
What fees do you have to pay?

It was only £0.15 to list it.

rangedunits · Sep 8, 2009

i'd totally argue my 0.15$

Deleted member 8382 · Sep 8, 2009

First, 0.15£ is 0.25$, and also, you are supposed to read the rules before posting, and so if you break a rule you can't claim your money back as the service was already done (in fact, your advertisement was already listed!

pseudolobster · Sep 8, 2009

If it was a copy that came with a computer (an OEM copy) then it's illegal to sell it by itself, it must be bundled with a new computer.

Only retail versions of microsoft operating systems can be sold by themselves. (retail software comes in a big shrinkwrapped cardboard box with manuals and whatnot, OEM versions are just a CD and a manual and a sticker)

lamborgini8 · Sep 8, 2009

Hallucynogenyc said:
First, 0.15£ is 0.25$, and also, you are supposed to read the rules before posting, and so if you break a rule you can't claim your money back as the service was already done (in fact, your advertisement was already listed!

I never said I was going to bother claiming the money back.

pseudolobster said:
If it was a copy that came with a computer (an OEM copy) then it's illegal to sell it by itself, it must be bundled with a new computer.

Only retail versions of microsoft operating systems can be sold by themselves. (retail software comes in a big shrinkwrapped cardboard box with manuals and whatnot, OEM versions are just a CD and a manual and a sticker)

Well I don't have the original packaging, just a fancy card and plastic box with expensive looking printing on the front with all the manuals, installation guides, serial number etc.

pseudolobster · Sep 8, 2009

Well, this is what an OEM copy looks like:

Notice the red sticker that says "For distribution with a new PC only"

If it's a retail copy, it'll come in a box that looks like this:

As long as it's not an OEM copy you have every right to sell it on eBay.

Tech_Junkie · Sep 9, 2009

Hallucynogenyc said:
Only you, the buller can sell it acording to the terms of their contract. This way they avoid people installing it and then selling it, you bought it and only have the right to use it, if anyone else needs it he must buy it directly from Microsoft.

Remember that you pay for the lisence that you most likely alredy used, and so you have nothing left to sell, trying to resell the disc is then illegal.

Not that I like the system, just explaining it

This is completely correct. You would have to buy another license key in order to sell it legally.

pseudolobster · Sep 9, 2009

Tech_Junkie said:
This is completely correct. You would have to buy another license key in order to sell it legally.

No, no.. That's only applicable to the OEM version. Full retail versions cannot be licensed like that. You own the software and you have full rights to transfer the license.. Again, this is only for retail, full versions. OEM versions are locked to one piece of hardware.

Here's the relevant section from the EULA specifically stating you're allowed to do this:

SOFTWARE TRANSFER. Internal. You may move the Software to a different Workstation Computer. After the transfer, you must completely remove the Software from the former Workstation Computer. Transfer to Third Party. The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.

Tech_Junkie · Sep 9, 2009

Strange....I bought a XP Home retail box. Shortly after my PC died and I tried to re-install it on my lap top. When I tried to re-activate the OS it Microsoft denied it.

lasersbee · Sep 9, 2009

Didn't anyone tell you....

Bill likes to have everyone's nuts in his hands....

Jerry

sportcoupe · Sep 9, 2009

I have not paid for an operating system in more then 10 years.

Tech_Junkie · Sep 9, 2009

sportcoupe said:
I have not paid for an operating system in more then 10 years.

Pirate or Linux?

Pirate version are OK as long as you dont do any banking or such. You'd be a fool to trust anything pirated with your personal info.

Accused of pirating on eBay

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