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Old 06-28-2009, 12:08 AM   #1 (permalink)
 
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Selling Counterfeit software on ebay ?

I bought an oem version of microsoft windows on ebay and once installed it did not pass the genuine microsoft test.I paid around 89 $ for this software and was pissed when I found out that it was not genuine.

When the package arrived everything was looking genuine and perfect and I thought well it looks good.

I contacted Microsoft and they said that they could either provide a new copy if I gave them all the info or I need to contact ebay and the seller.

My question is I know the ebay seller personally.I have bought a few of these softwares from him before and installed on new computers that I make.I have sold these computers to other people and I think they may have these counterfeit softwares as well.

Can I know what implications does these have on me legally ? Am I a criminal in this case ?

I have sold about 20 of these computers and I am wondering how can I protect myself from getting into a mess ?

Any help is appreciated.
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Old 06-28-2009, 01:27 AM   #2 (permalink)
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Quote:
I have sold about 20 of these computers and I am wondering how can I protect myself from getting into a mess ?
Can I know what implications does these have on me legally ? Am I a criminal in this case ?
Read the MS agreement.


Buy the computers back and then report the OEM Software seller.

Send a new software package to your buyers and then report the OEM Software seller.
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Old 06-28-2009, 05:08 AM   #3 (permalink)
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I bought an oem version of microsoft windows on ebay and once installed it did not pass the genuine microsoft test.I paid around 89 $ for this software and was pissed when I found out that it was not genuine.

When the package arrived everything was looking genuine and perfect and I thought well it looks good.

I contacted Microsoft and they said that they could either provide a new copy if I gave them all the info or I need to contact ebay and the seller.

My question is I know the ebay seller personally.I have bought a few of these softwares from him before and installed on new computers that I make.I have sold these computers to other people and I think they may have these counterfeit softwares as well.

Can I know what implications does these have on me legally ? Am I a criminal in this case ?

I have sold about 20 of these computers and I am wondering how can I protect myself from getting into a mess ?

Any help is appreciated.
Just do what's right. Go ahead and report this, and do what MS suggested. I had purchased an OEM version of Windows, which works fine, got authenticated, then contact the people you sold the computers to explaining what happened. By doing nothing, you are more likely to get into more trouble. BTW, I purchased some counterfeit software as well from EBay, which caused me a personal loss, the seller was banned, the money lost.
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Old 06-28-2009, 06:03 PM   #4 (permalink)
 
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Originally Posted by domainplus View Post
I bought an oem version of microsoft windows on ebay and once installed it did not pass the genuine microsoft test.
usually oem software is not sold alone

mostly you get it with some hardware (very often a notebook or any computer)
you get also a booklet or cd case with a hologram
(or there is a sticker on the computer)

and if your read the license conditions, you would know, that you use it illegally even if it is genuine

(these software usually checks the computer where you try to install it, so you cannot install it anyway)

i have several computers with oem windows and it is pretty stupid, because you do not have real installation cd's only so-called recovery cd's...
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Old 06-29-2009, 04:43 AM   #5 (permalink)
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usually oem software is not sold alone

mostly you get it with some hardware (very often a notebook or any computer)
you get also a booklet or cd case with a hologram
(or there is a sticker on the computer)

and if your read the license conditions, you would know, that you use it illegally even if it is genuine

(these software usually checks the computer where you try to install it, so you cannot install it anyway)

i have several computers with oem windows and it is pretty stupid, because you do not have real installation cd's only so-called recovery cd's...
I got mine alone, sold with envelope, case and license sticker, with short manual. The cd is a standard one, and I've installed from scratch, alongside Linux. Verification process worked with no problems.
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Old 06-29-2009, 04:55 AM   #6 (permalink)
 
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Originally Posted by fab View Post
I got mine alone, sold with envelope, case and license sticker, with short manual. The cd is a standard one, and I've installed from scratch, alongside Linux. Verification process worked with no problems.
then it would be interesting to read the license

because it is suspicious

why is it called oem?
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Old 06-29-2009, 05:31 AM   #7 (permalink)
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then it would be interesting to read the license

because it is suspicious

why is it called oem?
Since it's valid for a new computer only!
Look here:
http://computers.shop.ebay.com/items...=p3286.c0.m282

BTW, sticker says OEM.

Oh, and on the CD, it says for distribution with a new pc only.

I see the sellers add this
Quote:
To comply with Microsoft and Ebay's OEM software sales policies, this software will be shipped with a non-peripheral computer hardware component

Last edited by fab; 06-29-2009 at 05:36 AM.. Reason: Automerged Doublepost
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Old 06-29-2009, 05:43 AM   #8 (permalink)
 
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Quote:
Originally Posted by fab View Post
Since it's valid for a new computer only!
Look here:
http://computers.shop.ebay.com/items...=p3286.c0.m282

BTW, sticker says OEM.

Oh, and on the CD, it says for distribution with a new pc only.

I see the sellers add this
that is what i am talking about:

Quote:
for distribution with a new pc only.
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Old 06-29-2009, 05:54 AM   #9 (permalink)
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I see these all the time at computer shows, they'll sell you the SW with an old stick of ram (128MB etc..) or HDD (like one of those has a 20GB drive) or similar so they can sell you the OEM SW and comply with the licensing agreements.

You can get some cheap software that way but I'm sure a lot of it isn't valid (I love it how they say "sealed" - you can still get the license code off of the case (if it has one) and sell the disc.

This is also why I love corporate licensing of Windows.
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Old 06-29-2009, 06:46 AM   #10 (permalink)
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that is what i am talking about:
I just checked, there was a wire with some screws in the package. Didn't notice that before.
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Old 06-29-2009, 06:54 AM   #11 (permalink)
 
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Originally Posted by fab View Post
I just checked, there was a wire with some screws in the package. Didn't notice that before.
and that is meant to be the new pc?
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Old 06-29-2009, 07:02 AM   #12 (permalink)
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and that is meant to be the new pc?
No, I installed Windows on a new PC. Those are ebay - MS rules for selling on Ebay.
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Old 06-29-2009, 07:06 AM   #13 (permalink)
 
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Quote:
Originally Posted by fab View Post
Oh, and on the CD, it says for distribution with a new pc only.
it means you have to buy it with a new pc from the same vendor (at the same time)

p.s. i have no moral problem with it
you paid for it and you did not know
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Old 06-29-2009, 07:14 AM   #14 (permalink)
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it means you have to buy it with a new pc from the same vendor (at the same time)
Could be, but then what is this bs those vendors are selling online on ebay, and posting they're complying with ebay's ms' rules?
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