Reporting needs an OEM software reason.

[heatemyfather]

According to most sources I read, it is illegal to sell OEM software but this is not listed in the reasons for reporting a listing.

I imagine quite a few sellers will be oblivious to the fact that reselling OEM software is illegal, whether it is new or second hand, so to have a genuine reason for why their auctions were pulled should help them understand why.

[leadhillsonline]

I thought OEM software was legal when supplied with hardware. My XP came with a hard drive from an online computer company and was sold as OEM.

[heatemyfather]

I thought OEM software was legal when supplied with hardware. My XP came with a hard drive from an online computer company and was sold as OEM.

Yes, that's the only time it's legal - when it comes with the hardware it was originally shipped with - but most OEM software auctions are not accompanied by the original (or any) hardware.

Purchasing computers second hand is fine so long as the software that's on it comes with the original discs and a proper activation key; again, a lot of sellers load computers with software that they retain the original discs and activation key / serial numbers for so it, too, is an illegal sale; there may be an argument that this software is installed for demonstration purposes, but we all know it's just there to entice buyers and the intent is that the buyer will keep the pirated software and use it. Such unlicenced software should be erased by the buyer otherwise they are effectively using pirated software which is classed as stealing.

There's no excuse with all the excellent free Open Source software currently available; Open Office rivals Microsoft Office for features and compatibility, GIMP and Inkscape are very good drawing / design applications, and there's a plethora of other popular free programs for just about any purpose. If someone genuinely just wanted to show off what a machine can do then there's plenty of free and legal ways to do it, pre-installing a suite of useful Open Source software for productivity is the way to go.

[leadhillsonline]

Yes, that's the only time it's legal - when it comes with the hardware it was originally shipped with - but most OEM software auctions are not accompanied by the original (or any) hardware.

Purchasing computers second hand is fine so long as the software that's on it comes with the original discs and a proper activation key; again, a lot of sellers load computers with software that they retain the original discs and activation key / serial numbers for so it, too, is an illegal sale; there may be an argument that this software is installed for demonstration purposes, but we all know it's just there to entice buyers and the intent is that the buyer will keep the pirated software and use it. Such unlicenced software should be erased by the buyer otherwise they are effectively using pirated software which is classed as stealing.

There's no excuse with all the excellent free Open Source software currently available; Open Office rivals Microsoft Office for features and compatibility, GIMP and Inkscape are very good drawing / design applications, and there's a plethora of other popular free programs for just about any purpose. If someone genuinely just wanted to show off what a machine can do then there's plenty of free and legal ways to do it, pre-installing a suite of useful Open Source software for productivity is the way to go.

I'm aware of all this, O/H builds computer systems and youngest uses his Linux machine for all of his programming. It just seemed that you were saying that all OEM software was illegal.

[dave1066]

Selling OEM software is legal, some sites like eb*y have rules about it.

This might be of interest:

OEM-Software

An OEM software version, which is sold together with the hardware (like in a new PC) cannot be limited to a certain distribution channel for the buyer. The buyer can resell the software by means of another distribution channel, as every buyer is entitled to the resale of a product which was once bought (in Germany and European Union) with the agreement of the originator based on the exhaustion principle, i.e. the right of sale of the producer is exhausted after the initial market placement.
This has been decided by the Federal Supreme Court of Justice (BGH) by its verdict of 6. July 2000 concerning the passing on of OEM-software, opposing the lawsuit of the software producer Microsoft®.
Whoever has once purchased the original software together with the hardware as an OEM version is free to resell it. He can thereby unbundle the package of hardware and software when selling it. There is only a possibility of additional individual restricting contractual agreements between buyer and producer.
The producer can therefore only once profit from the sale of his products. This verdict does not only refer to OEM software products, but even more to the trade with used software licenses, which were not limited to the sale of hardware.
Trials of software producers to limit the trade with used software licenses by certain contractual stipulations are therefore generally invalid, not only for OEM products.

[HaleysComics]

Hi,
Just wanted to comment on the statement that if you sell a computer you must include the discs.
That is not entirely true as most new computers today do not come with any discs. The last 3 computers i have bought from a major retailer did not include any discs & when i called customer support they said if i wanted the discs i would have to buy them.

[cpcnw]

Just to be clear then, can you sell OEM Software with accompanying hardware on eBid UK?