Hello Jim,
There are some situations where buying used software is generally not
legal. This includes OEM software (software that came with a computer
or piece of hardware at time of purchase), or Academic and other
specially licensed software, which is only to be used by certain
people.
In most cases it is entirely legal to sell and buy used software
(actually you are selling your right to use the software, or your
license) if the seller removes all traces of the program from their
computer(s). This is the same as selling a book or a DVD. While a
person may be allowed to sell their academic copy of Windows XP, they
may only sell it to another student who has the right to use it.
In all of the cases above, with Adobe, Microsoft Operating Systems and
MYOB version 6.0 (as with most software) you will be fine purchasing a
used version if you keep the following guidelines and examples in
mind:
-Generally do not buy OEM software (if unsure ask the seller to
confirm that the software is not an OEM version)
-Generally do not buy Academic version or other shrinkwrapped versions
unless you are certain that you are eligible to use them.
-Generally look for the word "RETAIL" or look for and ask for the
Product ID number and verify that they are the same as the one in the
store.
See this link for more details about License Misuse (applies generally
to all software, not just Microsoft):
http://www.microsoft.com/windowsxp/home/using/productdoc/en/default.asp?url=/windowsxp/home/using/productdoc/en/lic_many_types_piracy.asp
To give you an example of how I test to see if a product is eligible
to be purchased: Lets say that Mike is looking for a legal copy of
Windows XP on ebay.
You come to this version:
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=2073886040
Note that it says "Full Version Windows XP Home Edition OEM-DSP
(Distribution System Partner)." From this, Mike knows that this is an
OEM version of the software and even though it comes with an "untested
as is no warrenty non peripheral piece of hardware," Mike prefers to
stay away because this is a fine line between legal and illegal
depending on exactly how the "hardware" is used. He could have his
lawyer take a look, but instead he keeps searching and comes to:
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=2072851049
Here is a retail upgrade version of Windows XP Home and although it
has priorly been used, you will be able to tell Microsoft that this is
a transfer of ownership and because it is a retail version, they will
activate it for you. This would be a legal purchase (if you have win
98, me or 2000) but to double check you should email the seller and
ask for the Product ID and verify that it is in fact a retail version
(the seller might have obtained a NFR product without realizing it).
Mike comes across this URL:
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=2073278644
Note that this is not used software but good sellers will be sure to
tell you that the software is NOT OEM and give you the product Part
Number. In this case: #E85-01011. All you have to do now, is go to
www.google.com and plug in E85-01011 and you can quickly verify that
it is the Windows XP Professional RETAIL version. An Academic, OEM or
Not For Resale version would quickly show that the product number is
not retail.
When in doubt, be sure to ask the seller for the product ID number and
do a bit of research online. If you cannot find the information
required to make a decision online, then you should phone the company
in question and ask them if the product number is the retail version.
Most sellers who sell retail versions will clearly state that it is a
retail version.
I hope that this is a satisfactory answer to your question. If you
need any clarifications or have further questions, please do not
hesitate to ask. I would be happy to assist you.
tisme-ga |
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