MS sues college student for selling legit software


Recommended Posts

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.

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)

585593608[/snapback]

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

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.

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...?

585593670[/snapback]

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...

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.

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.

``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.

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.

585593727[/snapback]

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.

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

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.

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.

585593749[/snapback]

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.

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.

585593868[/snapback]

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.

This topic is now closed to further replies.
  • Recently Browsing   0 members

    • No registered users viewing this page.
  • Posts

    • We now know when and how the Universe may truly end by Sayan Sen Image by Marek Pavlík via Pexels| Not representative A study by physicist Henry Tye of Cornell University suggests that the universe may not expand forever. Instead, it could eventually stop expanding, begin contracting and end in a "Big Crunch" roughly 20 billion years from now. The research, published in the Journal of Cosmology and Astroparticle Physics, was conducted by Tye, Horace White Professor of Physics Emeritus at Cornell University. Using recent observations from major dark-energy surveys, Tye and his collaborators developed a cosmological model that predicts the universe could have a total lifespan of about 33 billion years. Since the universe is currently estimated to be 13.8 billion years old, the model places it near the midpoint of its existence. According to Cornell University's summary of the research, the study centers on the cosmological constant, a term introduced by Albert Einstein in his theory of general relativity. In modern cosmology, the cosmological constant is commonly used to describe the simplest form of dark energy, the unknown phenomenon believed to be driving the accelerating expansion of the universe. "For the last 20 years, people believed that the cosmological constant is positive, and the universe will expand forever," Tye said in a Cornell University news release. "The new data seem to indicate that the cosmological constant is negative, and that the universe will end in a big crunch." The study draws on data from the Dark Energy Survey (DES) and the Dark Energy Spectroscopic Instrument (DESI), two major projects designed to investigate the nature of dark energy. According to Tye, recent observations suggest that dark energy may not behave exactly like a simple cosmological constant. To account for those observations, Tye and his collaborators proposed a model involving an extremely light hypothetical particle that evolves over time. In their calculations, this produces a negative cosmological constant and leads to a future collapse of the universe. The model predicts that cosmic expansion would continue for approximately another 11 billion years before reaching a maximum size, after which the universe would begin contracting and eventually collapse. Scientists have long debated how the universe might end. As explained in an article published in The Conversation by Stephen DiKerby of Michigan State University, several possibilities have been proposed. If dark energy remains constant and positive, the universe could continue expanding indefinitely, gradually becoming colder, darker and more diffuse in a scenario often called the "heat death" of the universe. Other theoretical possibilities include a Big Rip, in which cosmic expansion accelerates so dramatically that galaxies, stars and even atoms are torn apart, or a Big Crunch, in which expansion reverses and the universe collapses back into an extremely dense state. DiKerby notes that the Big Crunch idea itself is not new. What distinguishes Tye's work is that it attempts to use current observational data to estimate when such a collapse might occur and how it could unfold. Much of the universe's long-term evolution remains uncertain. According to current astrophysical understanding, stars will continue to form and die for billions of years. The Sun, for example, is about halfway through its expected lifespan. Galaxies are also expected to continue merging; the Milky Way and Andromeda galaxies are projected to collide several billion years from now. At the same time, the nature of dark energy remains one of the biggest unanswered questions in cosmology. While observations indicate that the universe's expansion is accelerating, scientists still do not know what is causing that acceleration. Future observations may therefore alter current predictions about the cosmos's ultimate fate. Tye emphasized that additional evidence will be needed before firm conclusions can be drawn. DESI continues to collect data, while upcoming observations from missions and observatories including Euclid, SPHEREx and the Vera C. Rubin Observatory are expected to provide more precise measurements of dark energy. "People have said before that if the cosmological constant is negative, then the universe will collapse eventually. That's not new," Tye said. "However, here the model tells you when the universe collapses and how it collapses." For now, the study presents one possible future for the cosmos rather than a settled prediction. Whether the universe ultimately ends in a Big Crunch, expands forever, or follows another path entirely remains an open question that future observations will help answer. Source: Cornell University, The Conversation This article was generated with some help from AI and reviewed by an editor. Under Section 107 of the Copyright Act 1976, this material is used for the purpose of news reporting. Fair use is a use permitted by copyright statute that might otherwise be infringing.
    • If you look around on Amazon, some of these are available for $9
    • I’m still using an Xbox One S, so time for an upgrade to play this but as much as I hate Sony, I think I’ll get the ps5 pro
    • I bought this game. Played it for an hour, and then got a refund from Steam. Not a fun game at all.
    • Nothing Ear buds with active noise cancellation are at their lowest price ever with 51% off by Fiza Ali Amazon is currently offering the Nothing Ear wireless earbuds at their lowest price ever with 51% off limited prime deal. The earbuds feature an 11mm dynamic drivers with a ceramic diaphragm, and support high-resolution audio codecs including AAC, SBC, LDAC, and LHDC 5.0. They support active noise cancellation of up to 45dB across a frequency range of up to 5000Hz, and include a smart ANC algorithm, adaptive noise cancellation, and a transparency mode that allows surrounding sounds to be heard when needed. Connectivity is provided via Bluetooth 5.3, with support for multiple profiles including HFP, A2DP, AVRCP, and others. The earbuds also support dual connection, allowing them to be paired with two devices at the same time. Additional features include IP54 water and dust resistance for the earbuds and IP55 for the charging case, in-ear detection, pinch controls, low-latency mode, Google Fast Pair, Microsoft Swift Pair, and a three-microphone system per earbud for clearer voice calls. The Nothing X app, available on Android and iOS, provides access to custom EQ settings, bass enhancement, personal sound profiles, ear tip fit testing, firmware updates, customisable controls, dual-device management, and a find-my-earbuds feature. In terms of battery performance, each earbud has a 46mAh battery and the charging case has a 500mAh capacity. With active noise cancellation (ANC) turned off, the earbuds should offer up to 8.5 hours of playback on a single charge and up to 40.5 hours in total with the charging case. With ANC enabled, playback should last up to 5.2 hours on the earbuds and up to 24 hours with the case. For calls, talk time should reach up to 5 hours on the earbuds and 23 hours with the case when ANC is off, while ANC on should provide up to 4 hours on the earbuds and 18 hours with the case. Finally, fast charging should deliver up to 10 hours of playback from 10 minutes of charging when ANC is disabled. Nothing Ear Wireless Earbuds Bluetooth: $73.15 (Amazon US) - 51% off Good to know This Amazon deal is U.S. specific, and not available in other regions unless specified. We only use first-party seller links (at the time of article publishing); ensure that you purchase from a first-party seller link only. Check out Today's Deals on Amazon | or our recent tech deals. Become a Prime member (for Students or SNAP) via Neowin Get Prime Access - Prime for half price (for qualifying Medicaid, EBT, SNAP) Subscribe to Prime Video, Audible Plus, Music Unlimited or Kindle Unlimited via Neowin As an Amazon Associate, we earn from qualifying purchases.
  • Recent Achievements

    • First Post
      AndreaB earned a badge
      First Post
    • Week One Done
      Huge Trailer earned a badge
      Week One Done
    • Week One Done
      Classifyskilleducation earned a badge
      Week One Done
    • One Month Later
      eurospharma62 earned a badge
      One Month Later
    • Week One Done
      With What earned a badge
      Week One Done
  • Popular Contributors

    1. 1
      +primortal
      577
    2. 2
      +Edouard
      174
    3. 3
      PsYcHoKiLLa
      73
    4. 4
      Michael Scrip
      68
    5. 5
      neufuse
      64
  • Tell a friend

    Love Neowin? Tell a friend!