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  #1  
Old 10-19-2009, 05:16 PM
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Join Date: Oct 2009
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Am I in the right? Selling Microsoft Launch Kit to a cop. Kind of worried. Sellin tom


What is the name of your state (only U.S. law)? Texas

My roommate had given me the new windows launch kit he got for hosting a party for microsoft, and I had no use for it, so I wanted to sell it to help pay for my tuition. I already own a copy that is OEM from Intel (cant sell OEM software), so I listed the kit on ebay, and ebay removed it for it being a copyright violation. I was selling the kit as a whole, not Windows software. If I own it, its my right to sell, right? It's not OEM, copied, or counterfeit. It's the same copy that everyone else will receive when its released. I relisted it, this time stating clearly that I was selling the launch kit, not the software, but would include the software for free. It was ended again recently.

I was contacted by a member on ebay who wanted to purchase it. He wanted to speak to me in person. I did a little digging and found out he works for the police in another state. I called him anyways, he wanted to know the contents and what exactly it came with. I told him and he offered to pay me via paypal for the item, he likes to collect these things. I agreed.

I'm about to send the invoice, but was wondering if I'm in the right. Is there any way this can go bad for me? Considering ebay ended my auctions because they were a 'copyright violation', and he's a cop? Should I word my invoice a certain way stating he agrees to certain things?

I found this: [url=http://www.neowin.net/news/main/09/10/16/man-wins-right-to-sell-windows-7-party-pack-on-ebay]Man wins right to sell Windows 7 party pack on eBay[/url]

Apparently the software is a 'promotional software' release, and its allowed by law to be sold. But I'm not even selling the windows software, just giving it away with the kit.

Thanks, please let me know soon! Really curious, don't know much about this area. I'm sending the invoice tomorrow morning.

PS: Sorry if you're reading this and you're the guy I'm about to sell to, just wanted to make sure!
  #2  
Old 10-19-2009, 06:54 PM
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You have serious doubts about the legitimacy of the sale? Then don't sell. There's no wording that you can use that will get you off the hook if you're violating the law.

The problem probably lies in the fact that you want to sell before the official release. Red flags usually go up in that kind of stuation.
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  #3  
Old 10-19-2009, 10:03 PM
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Join Date: Oct 2009
Posts: 2
But I do not believe that I am violating the law, that is why I came here, to learn more about the law and continue on. If I live my life in fears, always afraid to do what I'm sure about, that isn't much of a life at all. I want to learn, I'm interested as to where legal law ends and starts.

So selling software before a official release, even when Microsoft gave the copy to us, is illegal? Where can I read the part of the law that states this (so I can confirm to myself this is true).

If I wait until the 22nd, (When the Windows Launch officially is), then will I be clear of all potential issues? The copy is okay to sell since it's promotional material, correct? Just as ruled in the ruling I found regarding promo CD's. The non-sale thing only applies to counterfeit, copied, or OEM software, correct? This is a Windows 7 Signature Edition.

I came here to find out to see if If there was anything wrong, as there are tons of experts on the area here from what I've read in the past.

Thanks.
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