MS sues college student for selling legit software


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Talk about being a corporate bully. Microsoft sued this Ohio chemistry major for selling used academic version copies of Windows and Office on eBay.

The student taught himself law, filed a countersuit, and now Microsoft is trying to drop their lawsuit, but the student won't budge until they apologize. I hope the student prevails:

http://www.ohio.com/mld/beaconjournal/news...ty/11070968.htm (registration req'd, or use Bugmenot)

Microsoft, which reported $38 billion in sales in the past year, alleges that Zamos' eBay sales amount to unfair competition.

In the company's suit, its lawyers accuse Zamos of copyright infringement for the eBay sales and contend the sales have ``resulted in losses to Microsoft and an illicit gain of profit'' to Zamos.

Further, the corporate lawyers said, ``Microsoft has suffered... substantial and irreparable damage to its business reputation and good will, as well as losses in an amount not yet ascertained.''

[...]

Finally, the suit asks for an order freezing Zamos' assets and an order forcing him to pay court costs and the fees of the four lawyers.

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Talk about being a corporate bully. Microsoft sued this Ohio chemistry major for selling used academic version copies of Windows and Office on eBay.

The student taught himself law, filed a countersuit, and now Microsoft is trying to drop their lawsuit, but the student won't budge until they apologize. I hope the student prevails:

http://www.ohio.com/mld/beaconjournal/news...ty/11070968.htm (registration req'd, or use Bugmenot)

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yep, i hope he rips them a new one. they were obviously trying to bully him.

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I may be confused but...

How is reselling software that is clearly licensed only for students and teachers legal? It's not like he was verifying that the winners of his auction(s) were indeed students, correct...?

Microsoft purposely sells their software at extremely discounted rates for academic users and this guy was taking advantage of that. At least, that's what it seems like to me.

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lol, just an appology? wow, stubern ******s! can't he at least demand money or something, and be like everybody else?

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I may be confused but...

How is reselling software that is clearly licensed only for students and teachers legal?  It's not like he was verifying that the winners of his auction(s) were indeed students, correct...?

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That's true, but from what I understand, the academic versions are not labelled "Not For Resale".

For those of you who can't read the article, please, use http://www.bugmenot.com/ Obviously it is not exactly legal to copy and paste the whole article...

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Microsoft is right. Say what you want he got a cheaper version meant for students or teachers and not for the avg. user.

Cody

Microsoft can always fix this by not giving discounts to anyone.

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The software, wasn't labelled anywhere on the box that it could not be resold. Come to think of it, when I bought my student edtition of XP, id didn't say I could not resell it - either on the box, sales receipt or in the store.

Heh, MS could have just paid his court and photocopying fees. Funny how a chem undergrad can outsmart professional lawyers.

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If he was reselling retail software, I would have a problem with the lawsuit. But he's selling academic software, which is usually substantially disounted. I got Windows XP and Office 2003 for $35 through school. Imagine if I was selling those to others for two or three hundred dollars! = "Illicit profit"

So a big **** YOU to all the Microsoft-hating losers here.

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``Microsoft has suffered... substantial and irreparable damage to its business reputation and good will, as well as losses in an amount not yet ascertained.''

That is the most pathetic thing ive heard.

and to boogerjones:

I don't care if it was Microsoft or any other company he was obviously within the law ( = NON ILLICIT PROFIT), or else MS wouldnt have paid for all his fees.

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The software, wasn't labelled anywhere on the box that it could not be resold. Come to think of it, when I bought my student edtition of XP, id didn't say I could not resell it - either on the box, sales receipt or in the store.

Heh, MS could have just paid his court and photocopying fees. Funny how a chem undergrad can outsmart professional lawyers.

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You don't pay for software, you pay for a license to use it. And the license in your copy of XP says that you can't resell it.

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when i bought my student copy of xp pro, we had to sign a contract saying do not sell, student use only, etc. microsoft is right saying that he shouldn't resell it online, because he is gaining profit.

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Office 2003 EULA (Academic provisions of the EULA:)

11. ACADEMIC EDITION SOFTWARE.? To use Software identified as "Academic Edition" or "AE," you must be a "Qualified Educational User."?  For qualification-related questions, please contact the Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399 or the Microsoft subsidiary serving your country.? If the Software is identified as "Academic Edition" or "AE," the following additional limitations apply:

? Notwithstanding Section 1.2 of this EULA ("Software as a Component of the Computer - Transfer") and/or any other inconsistent provisions of this EULA, you may not transfer the Software.

? This "Academic Edition" version of the Software is only eligible for upgrade if an "Academic Edition" Upgrade for the corresponding software product is made generally available. If the Software is labeled as an upgrade, you must be properly licensed to use software identified by MS or Microsoft Corporation as being eligible for the upgrade in order to use the Software ("Eligible Software").? For the purpose of upgrade products only, "Hardware" shall mean the computer system or computer system component with which you received the Eligible Software.?  Software labeled as an upgrade replaces and/or supplements (and may disable, if upgrading a Microsoft product) the Eligible Software which came with the Hardware.? You may use the resulting upgraded product only in accordance with the terms of this EULA and only with the Hardware.? If the Software is an upgrade of a component of a package of software programs that you licensed as a single product, the Software may be used only as part of that single product package and may not be separated for use on more than one computer.

Here's the link to the website where I'd found the EULA:

http://www.cwelug.org/cgi-bin/wiki.cgi?EULA_For_Office_2003

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Microsoft was a little overdramatic, but taking advantage of a discount meant for students and colleges is just wrong. It'd be different if he were buying wholesale from the same places other vendors were. Fair trade etc. That's like a McDonalds worker buying 20 discounted burgers, then walking down the street and selling them at a food stand.

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when i bought my student copy of xp pro, we had to sign a contract saying do not sell, student use only, etc. microsoft is right saying that he shouldn't resell it online, because he is gaining profit.

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I never had to do that.

@ jluckett > I'm not disagreeing with you, if its in the EULA. But, you can only ever see the EULA when you open up the package and start up a computer (with an OS already installed.... kind of hard to read @ 320 x 180 (whatever) in DOS. You never have to sign the EULA before purchase. Do you propose having to go on another computer and finding it on the MS website before going to the store. <almost> No one will ever read it.

This is where, I think, MS -and the software industry- is having a hard time enforcing the EULA.

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I wouldnt call an appology and $40 greedy, but if you do, hey thats your choice.

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greedy for selling 200-300 dollar software on ebay when he buys it for 10-20 bucks.

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I never had to do that.

@ jluckett > I'm not disagreeing with you, if its in the EULA. But, you can only ever see the EULA when you open up the package and start up a computer (with an OS already installed.... kind of hard to read @ 320 x 180 (whatever) in DOS. You never have to sign the EULA before purchase. Do you propose having to go on another computer and finding it on the MS website before going to the store. <almost> No one will ever read it.

This is where, I think, MS -and the software industry- is having a hard time enforcing the EULA.

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i had to sign a contract, and we got/can get full versions of office 2003 pro, xp pro, etc. all for about 10-30 bucks. turn that around and you can make a pretty big profit.

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