Follow up Ebay Pirate

[Trout]

Just keep postin up links of the fake auctions and I'll keep reporting. Maybe ebay will hire us fulltime.

[Trout]

Hes Back LOL New Name similar to the old one,Same Ads.
All Microsoft products on 1 pirate DVD
See HIS AD HERE


We forwarded at 12 of his items to MS and reported him to Ebay,, Note: he sold 12 copies already today!!!!

Anyone who has time please report his current listings to Ebay!!
Trout

Current Listings

[imaeditedbysowulo]

Hes Back LOL New Name similar to the old one,Same Ads.
All Microsoft products on 1 pirate DVD
See HIS AD HERE


We forwarded at 12 of his items to MS and reported him to Ebay,, Note: he sold 12 copies already today!!!!

Anyone who has time please report his current listings to Ebay!!
Trout

Current Listings

Done.

[NooNoo]

I contacted his last buyer to inform him he could get fined/jail time for using pirate software.

[confus-ed]

I contacted his last buyer to inform him he could get fined/jail time for using pirate software.

! ... I hope you worded what you wrote to him/her carefully - I know you are trying to do the right thing, but unsolicted mails threatening you ? - I'm sure you can imagine ...

Maybe the buyer knows its illegal 'strictly' but is using it for a legal purpose ?

.. 'so huh 'ed ?' everyone mutters, what are you on about now .. well say I paid for a copy of xp & then stood on the disk & later I needed my system disk, what can I do ? I can pay M$ for a replacement disc, copy one myself to use (if I'd done that before stomping on it), or 'aquire' one ..

The first two are definately allowed & even the third is ok, if you own a license anyway - who made the media or how that was sourced isn't a crime for a legitimate customer to use - the seller is the one breaking the law.

[rgharper]

Maybe the buyer knows its illegal 'strictly' but is using it for a legal purpose ?

Then why is the buyer paying someone else bucks for something they can get darn near free by making a phone call to Microsoft? Microsoft will provide replacement media for a very small charge if you can prove ownership of a properly licensed version of the software.

Microsoft neither condones the sale of nor recognizes the legality of software sold on a "license only, no media" basis unless the license is sold under the terms of a Volume or Select agreement with Microsoft. In those cases it is legal only because the reseller has already provided bulk media to the buyer, and the licenses become tied to that media. It has nothing to do with the lack of media or manuals - they're only a few dollars of the total price. Even bulk-OEM copies come with media and the seller is required to provide the media and CoA with each sale/purchase.

But in any case here's the deal-killer:

"...on the invoice I found the serial numbers ..."

No Certificate of Authenticity, no valid license. Not for any purpose.

[NooNoo]

! ... I hope you worded what you wrote to him/her carefully - .

I wrote to him... not you

[confus-ed]

Then why is the buyer paying someone else bucks for something they can get darn near free by making a phone call to Microsoft? Microsoft will provide replacement media for a very small charge if you can prove ownership of a properly licensed version of the software...

No Certificate of Authenticity, no valid license. Not for any purpose.

Oooo here comes Mr Microsoft again

1. Maybe they hate Billy with a passion & would rather give their cash to anyone but him ?
2. Have M$ started shipping all of office on DVD ? (thats what the dude here is selling)
3. & COA's aren't worth squatt as you should well know - they get traded all over the place & your last line is just plain wrong - you do not need a COA to have a valid bit of software ! What you need is a bill of sale or some other proof of payment from an accredited re-seller - since coa's are meant to be afixed to the chasis, what happens when you want to change cases ? (do I have to get the kettle out & try & steam it off ?) - does your software suddenly become illegal - nope !

..Even bulk-OEM copies come with media and the seller is required to provide the media and CoA with each sale/purchase...

& I'm none too sure about that bit either, lots of folks supply backup media which isn't the same as a system disk (& I don't remmber a big truck turning up with 10,000 CD's in it last time I was involved in Bulk licensing - you make your own generally), and as I said earlier if its pre-installed then the COA is meant to go on the case..

..licenses become tied to that media..

- you what ? So if it comes pre-installed on my harddrive - its only licensed for use on that medium ? So if I fit another disk & put any system files on it I'm using it illegally ? .. That can't be right !

& then there's all that 'downgrable stuff' (which I can't find a link for) - but memory tells me that later operating system licences entitle you to use earlier software (not concurrently) if you so choose ..

Sure ... 99% chance of it being completely illegal & the guy knowing only too well, but it is possible that someone wants it all on a DVD perhaps as they'd like it that way & haven't got either the kit or the ability to do it...

[confus-ed]

I wrote to him... not you

I know honey & I'm sure you picked your words carefully - you usually do

[rgharper]

Oooo here comes Mr Microsoft again

Someone has to tell the truth here.

2. Have M$ started shipping all of office on DVD ? (thats what the dude here is selling)

They don't and never have. Especially not this collection.

3. & COA's aren't worth squatt as you should well know - they get traded all over the place & your last line is just plain wrong - you do not need a COA to have a valid bit of software ! What you need is a bill of sale or some other proof of payment from an accredited re-seller - since coa's are meant to be afixed to the chasis, what happens when you want to change cases ? (do I have to get the kettle out & try & steam it off ?) - does your software suddenly become illegal - nope !

In fact, YES IT BLOODY WELL DOES. An OEM license is tied to the computer/hardware it was sold with, when that computer goes bye-bye then so does the license. That's clearly spelled out in the EULA. I don't care if you like it or not but it is so. If you don't think so then please file a suit against Microsoft, win in court, and free us all from the tyrrany.

Oh, and a CoA isn't just a "sticker". For retail software it's an actual paper certificate that comes with the software. But it doesn't matter whether it's a sticker or a piece of paper or whatever. No CoA means no legal copy and I don't give a darn if you have a hand-signed letter from Bill Gates himself saying he sold it to you without the CoA.

& then there's all that 'downgrable stuff' (which I can't find a link for) - but memory tells me that later operating system licences entitle you to use earlier software (not concurrently) if you so choose ..

A special case with Windows XP, and not extendable to the end-user. You can't find a link to it because you are not legally entitled to exercise that right. The OEM can install a different OS at customer request or on a product line that they are not XP-ready for. Volume/Select licencees may use this provision as well. But it is a straw-man arguement and has nothing to do with the case at hand - as you well know.

Sure ... 99% chance of it being completely illegal & the guy knowing only too well, but it is possible that someone wants it all on a DVD perhaps as they'd like it that way & haven't got either the kit or the ability to do it...

Another bullsh*t straw-man arguement. This guy isn't offering to make the DVDs up for legally licensed users. He's selling software illegally. Period.

[NooNoo]

Nice laymans terms eula faq here

I get what you are both saying...

RG, if you buy a pc with office oem on it, the licence is tied to the computer, period.

But if I may translate for Confus-ed....
You buy this cheapo but totally legal pc with office oem on it. Over the next few months each component becomes faulty and is replaced. Added to that upgrades such as more ram and a larger, faster hard drive is added. The case and psu was so cheap and nasty it was causing overheating and the psu so cheap that it blew the mainboard, so the case and psu is replaced.

Nothing whatsoever remains of the purchased computer. Through no fault of the user, every component was replaced and/or upgraded. Where does that leave the argument that the licence is tied to the original machine?

There must be an answer to this dilemma somewhere, but I have yet to find it.

I do agree that this guy is a bona fide pirate, and I believe Confus-ed does too, but I think he is trying to show that there is alot of confusion out there about what you can and cannot do. Oh and just to stir the pot my msdn subscription which includes office, comes on DVD

Yes I know, we are talking retail/oem, but I couldn't resist your statement that M$ has never released office on DVD.

[rgharper]

Oh and just to stir the pot my msdn subscription which includes office, comes on DVD

Yes I know, we are talking retail/oem, but I couldn't resist your statement that M$ has never released office on DVD.

SHHHHH!!! NOT IN FRONT OF THE KIDS!!!

Microsoft's official position on this subject sucks, IMHO. FWIW, I agree with confus-ed position that the software should be transferrable, especially in a case like the one you describe. If you'll pardon the pun.

But what it would boil down to in a situation where an audit was being performed would be the case stickers - if ya_got_em then you are okay, but if you had to replace the case because of a physical problem and didn't apply the stickers then ya_got_trouble.

At least Windows products get stickers ... You ought to see me trying to confirm my inventory and software licensure levels every year. Try assuring the corporate HQ that you're in full compliance with all license agreements for 250+ client PCs and about two dozen software packages ... knowing that it's your tushie on the line if you counted wrong.

[Trout]

This Guy Is Making a killing this weekend!! 34 completed Items @50-80 bucks a pop, and 17 more copies pending in the next 12 hrs.
We have reported him as Im sure many of you have, Nobody mansthe phones @ MS Piracy weekends and evenings and with "Buy It Now" (immediate payment required) Hes getting away with it,, BTW,, I Have His EMAIL Address!!!! or lets say,, The one he uses to respond to seller questions <snicker>

[email protected]

Dear XXXXXXXXXXXXX,

You asked:
"Do These Items come with a genuine COA hologramed Cert? or are you cheating microsoft selling PIRATE copies?"

Answer: can you read?

Most Likey thats one of those freebie mail addresses.
But Hey,Fill His Box LOL
Im Signing him up at penile disfunction sites

[rgharper]

TNobody mansthe phones @ MS Piracy weekends and evenings and with "Buy It Now" (immediate payment required) Hes getting away with it

No worries, the more he/she sells the bigger a potential criminal case can be built against him/her/it. And no, they don't answer that address 24/7, only during normal business hours.

Im Signing him up at penile disfunction sites

Someone should also be sure to sign up for several of the "JackRabbit" mailing lists too.

[confus-ed]

..In fact, YES IT BLOODY WELL DOES. An OEM license is tied to the computer/hardware it was sold with, when that computer goes bye-bye then so does the license. That's clearly spelled out in the EULA. I don't care if you like it or not but it is so. If you don't think so then please file a suit against Microsoft, win in court, and free us all from the tyrrany..

I think you'll find that OEM licenses aren't tied to cases at all (follow Noo's arguement - plus which I can go buy one of those with 'selected' hardware {say a m/b or h/d or cpu} all over the place & legitametly too, else all the resellers in this country are breaking M$'s rules - so do I need one for each bit ? Or does my license only cover the bit I bought ? Its just cobblers is what it is !!!)- M$ has some very dodgy agreements & I believe that the EU are busy suing him as we speak (type) under monoplies legislation, which we have & strangely you guys who are supposed to believe in free trade sooooo much don't ..

(btw : Big letters Required .. I KNOW THE SELLER IS ALMOST CERTAINLY A PIRATE, but I see tounge in cheek is still a bit of a strange concept to you 'yankee doodlies' ! .. but I see reading on a bit, you caught on ! )

Microsoft files first authenticity certificate lawsuits

..There is "no legitimate reason why someone would need to buy a certificate authenticating an item without the item attached to it,"..

Mmmm ain't there ? Mr Harper says there's a few ! , like if you change all your bits out - btw just when in that process would you have to change it & be breaking/not the law, do I need a new license when I change say my printer if that came as part of my 'system' ? - If I buy an OEM bit of software with a cpu am I meant to stick the sticker to that ? .. No wonder the EU have taken them to court

& the whole concept of EULA's is in doubt too ! As you have to pay (generally) before you sign .. Here's an example California EULA Lawsuit & again I think the EU are onto that one too, which again is being investigated under our free-trade laws as the relationship between M$ & the retailer is again a monopoly..

This whole subject is difficult .. & also a load of B.S. !