cdtech said:
I have a 2 boxes containing 3 pcs of WinXP Home and Pro each - brand
new and sealed. They are marked as "to be sold only with a new PC".
Is it OK to sell these at eBay with a piece of internal hardware such
as cable etc?
It depends on the definition of "OK".
Legally, the license agreement from MS grants an entity that builds PC's for
sale the right to distribute the software with each PC they sell. That is
the deal you agree to when you click OK during installation.That entity is
the OEM (Original Equipment Manufacturer), and the software is key coded as
an OEM version. The license clearly says that the software is "attached" to
the PC. That means you can sell the computer with the software on it but you
do not own or have the right to sell the software separate from the PC. The
cost of the OEM software is much less than the cost of the full version and
that lower cost is what you paid. The better PC assemblers provide their
customers with a CD copy of the software to allow for repairs or
reinstallation. Much better than the horrendous "Rescue CD's". But those CDs
are granted on the implied condition that you will honor the license
agreement in your use of them.
But realistically, you possess a commodity that is in demand and the
marketplace determines a value on that commodity and there is no written law
that is going to freeze the fundamental natural laws of a free market
system. Is it OK to participate in prostitution? To buy or sell controlled
substances? To gamble? To take the tag off the mattress? Two sides to every
issue.
Just pick which side you are on.
