Fraudulent Software Purchase

[rmccor]

What is the name of your state? Virginia

I recently purchased what was described as "Full Retail" software online. When it arrived in the mail, there was only a plastic DVD case with the disks inside - no box or manuals. I suspected it may be OEM software, meant to be sold only with complete computer systems. I contacted the software maker (a large, well known company). They checked the serial number and informed me these disks were only to be sold with laptop computers in the Asia/Pacific region. They then asked me to send them the disks, along with all invoices and email receipts, to be "secured as evidence". They also recommended I contact my credit card company to get my money back.

I've checked reviews for the vendor web site. There are others who have had similar experiences, but when they returned the software to the vendor, their money was promptly refunded. I'm currently out $600 and need to purchase a legitimate copy now, but it will be difficult to impossible without my $600 back first. Am I legally required to send this off to the software maker? I doubt the vendor will refund my money if I tell them their software has been sent to the software maker for evidence against them. They'll probably just say they accidentally sent me the wrong disks.What is the name of your state?

 

[Zigner]

What is the name of your state? Virginia

I recently purchased what was described as "Full Retail" software online. When it arrived in the mail, there was only a plastic DVD case with the disks inside - no box or manuals. I suspected it may be OEM software, meant to be sold only with complete computer systems. I contacted the software maker (a large, well known company). They checked the serial number and informed me these disks were only to be sold with laptop computers in the Asia/Pacific region. They then asked me to send them the disks, along with all invoices and email receipts, to be "secured as evidence". They also recommended I contact my credit card company to get my money back.

I've checked reviews for the vendor web site. There are others who have had similar experiences, but when they returned the software to the vendor, their money was promptly refunded. I'm currently out $600 and need to purchase a legitimate copy now, but it will be difficult to impossible without my $600 back first. Am I legally required to send this off to the software maker? I doubt the vendor will refund my money if I tell them their software has been sent to the software maker for evidence against them. They'll probably just say they accidentally sent me the wrong disks.What is the name of your state?

You may be required to return the disks in order to win a dispute from you CC.

 

[BoredAtty]

What is the name of your state? Virginia

I recently purchased what was described as "Full Retail" software online. When it arrived in the mail, there was only a plastic DVD case with the disks inside - no box or manuals. I suspected it may be OEM software, meant to be sold only with complete computer systems. I contacted the software maker (a large, well known company). They checked the serial number and informed me these disks were only to be sold with laptop computers in the Asia/Pacific region. They then asked me to send them the disks, along with all invoices and email receipts, to be "secured as evidence". They also recommended I contact my credit card company to get my money back.

I've checked reviews for the vendor web site. There are others who have had similar experiences, but when they returned the software to the vendor, their money was promptly refunded. I'm currently out $600 and need to purchase a legitimate copy now, but it will be difficult to impossible without my $600 back first. Am I legally required to send this off to the software maker? I doubt the vendor will refund my money if I tell them their software has been sent to the software maker for evidence against them. They'll probably just say they accidentally sent me the wrong disks.What is the name of your state?

Attempt to return the software to the vendor for a refund -- explain the reason why. If that gets you nowhere, go to the credit card company and fight the charge. I probably wouldn't send it to the maker unless I got my money back and hadn't already returned it to the vendor, or if I did not get my money back, until legally forced to do so.

 

[beachblonde]

I have seen these softwares before. they are legitiamate meant to be a part of a software package.

But they work the same as the software that comes in the big box.

If you got a good deal on it and its the software you wanted i wonder why you are unhappy with the purchase?
You could have purchased it from a store and probably paid double what you ordered it online for, but then you would know exactly what you have.. I always wonder why people who want to scrutinize a product to such degrees bother buying on line products that are sight unseen? Seems there is always some degree of question when buying software that would normally cost $200 for say $99

 

[rmccor]

I have seen these softwares before. they are legitiamate meant to be a part of a software package.

It doesn't have to be part of a package. This was legitimate only if sold with a complete laptop computer in the Asia/Pacific region.

But they work the same as the software that comes in the big box.

I agree.

If you got a good deal on it and its the software you wanted i wonder why you are unhappy with the purchase?

Because it was illegally sold to me. The software manufacturer sells these at highly discounted rates to vendors. I don't believe it's fair that they don't get the proper profit from these sales.

You could have purchased it from a store and probably paid double what you ordered it online for, but then you would know exactly what you have.. I always wonder why people who want to scrutinize a product to such degrees bother buying on line products that are sight unseen? Seems there is always some degree of question when buying software that would normally cost $200 for say $99

I know exactly what I was promised - a brand new retail version of a product - which I didn't receive. Are you suggesting that since there's some risk associated with purchasing online that buyers should just accept whatever they receive?

 

[VeronicaLodge]

did the original software manufacturer offer you legitimate software in exchange for the bootleg and the information you provided? I have seen that done before in a way to make it easier for people to come forward who have purchased things off the net that shouldn't have been for sale. have you asked them if they will send you a legitimate copy/version for your trouble? then it wouldnt matter if you didn't get your money back cuz you would have the product you wanted.

 

[rmccor]

did the original software manufacturer offer you legitimate software in exchange for the bootleg and the information you provided? I have seen that done before in a way to make it easier for people to come forward who have purchased things off the net that shouldn't have been for sale. have you asked them if they will send you a legitimate copy/version for your trouble? then it wouldnt matter if you didn't get your money back cuz you would have the product you wanted.

No, he didn't make an offer. I didn't ask either, but it might have been worth a shot. The way he suggested contacting my credit card company for a refund, however, leads me to believe they weren't willing to send me a replacement copy. I actually sent the software back today to the vendor and have purchased a legitimate copy somewhere else. I've kept all email receipts and also took pictures of the case with the serial numbers. I'll send this along to the manufacturer. Hopefully, this will be adequate proof.

 

[SnowCajun]

Google'd this!

http://graphicssoft.about.com/od/findsoftware/f/oemsoftware.htm

Take a look at this link, I believe this will help you in your defense and getting a refund. The just of what is says is as follows;

Q. Is It Legal To Buy OEM Software?

A. In most cases like this, no. According to the Software & Information Industry Association Anti-Piracy FAQ, OEM software is illegal when not used in accordance with the software license:

Q. Is it legal to install an original equipment manufacturer (OEM) version of software on a computer other than the one on which the software came?
A. OEM software is only distributed when sold with specified accompanying hardware. When these programs are copied and/or sold separately from the hardware, it is a violation of the license with the software publisher, and therefore illegal.

Good luck,
SnowCajun