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Old 07-14-2003, 12:16 PM   #1 (permalink)
Psycho
 
Location: the hills of aquafina.
Selling legit software copies on EBay?

Here's a question for all you internet piracy guru's.

I used to work for a VERY large software company, on a VERY popular product. Everytime our team released a new version of the software, everybody on the team would get a free copy or two of the software, fully boxed, wrapped and labeled, just like if you were to pick it up at the store.

I have since been laid off from the company (thank you economy! grrrr) and have 3 copies of the popular, expensive software laying around doing nothing. They are all still wrapped in the box and untouched.

So my question is this...Can I sell this software on EBay? Or will I get in trouble from my former employers and/or the law?

Many thanks for any responses. I could really use the money for some new toys!
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Old 07-14-2003, 01:06 PM   #2 (permalink)
Psycho
 
Location: Sarasota
Well, that's going to depend on a) any conditions the company put on the freebies and b) the EULA that goes with the software and c) how vigorously the company monitors eBay and enforces a and b.

If we're talking about Microsoft, you're probably going to have a problem. Even so, the worst that would likely happen is that the company would have eBay end your auction. You'd be out the listing fees but still have the software.

Look on eBay and see if there's (m)any successful auctions for the same software (use the completed items search). If there are, you're probably good to go.
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Old 07-14-2003, 01:27 PM   #3 (permalink)
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Location: Sexymama's arms...
Depends on the Eula.

If the box/Eula says "Not for Resale" then no, you can't.

If it doesn't, yes you can.

As to your company, it depends on if you signed some agreement somewhere that says you can't sell your freebies.
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Old 07-14-2003, 01:37 PM   #4 (permalink)
Junkie
 
Location: North Hollywood
All the cheap companies i've worked at would use the "not for resale" stickers on the boxes for the ones that get given for reviews etc.
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Old 07-15-2003, 04:40 AM   #5 (permalink)
Psycho
 
Location: the hills of aquafina.
Hmmm. Points to ponder.

Thank you all for you answers. I need to take another look at the boxes I was given.

thanks again!
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Old 07-15-2003, 06:53 AM   #6 (permalink)
Watcher
 
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Location: Ohio
I have a feeling that it's illegal to sell.

Which is a damn bummer, but I'm betting that's it.
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Old 07-15-2003, 01:16 PM   #7 (permalink)
Dont stop here; This is bat country!
 
Location: North East
You can sell software that you bought legally (not sure about freebies, tho) on Ebay. As long as you did not register it, or have it in any backup form for yourself. It is not resale, as you are not a reseller, making a profit. You are simply selling a "thing" that you own. Basicly, if you never opened it, your golden as to selling it.


And as for the ELUA, most of them you cannot read until you install the program, hence, how can you be bound to something you did not have acess to (VERY borderline subject, I know, but it is the truth)
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Old 07-15-2003, 01:49 PM   #8 (permalink)
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Ha you'll have to open it to read the EULA. I would sell it.
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Old 07-16-2003, 05:11 AM   #9 (permalink)
Psycho
 
Location: the hills of aquafina.
Quote:
Originally posted by Banginblaz
You can sell software that you bought legally (not sure about freebies, tho) on Ebay. As long as you did not register it, or have it in any backup form for yourself. It is not resale, as you are not a reseller, making a profit. You are simply selling a "thing" that you own. Basicly, if you never opened it, your golden as to selling it.


And as for the ELUA, most of them you cannot read until you install the program, hence, how can you be bound to something you did not have acess to (VERY borderline subject, I know, but it is the truth)
No, I've never opened them, or made copies of the software. (I didn't need to, I had access to the installers via the network servers) I also checked out the box last night, and no-where does it say "Not for Resale". I'll check with my brother (he still works for the company) and find out if there was a "Won't sell company freebies" agreement.
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