I fought Microsoft over selling NFR software and I won!


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by trying to sell what he won, he is in fact using the website for private gain, therefore the auctions are illegeal.

...and by signing up to win he's not using the website for private gain? Getting Windows 7 Ultimate and all other goodies is not private gain?

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I'm betting all the people on here that are moaning about him selling his pack on ebay are either a tad jealous. Personally I say good on you, hope you get some good cash for it, if they can afford to give away expensive things then they obviously have money to waste.

Edited by Anaron
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I you had sold the pack after hosting the party I would have no problem with your actions, but to sell before is so wrong.

I applied and was accepted for the pack, but due to another commitment that came up later I can no longer host a party, so I turned down the offer.

What you have done is lame, if you remember it was free on the condition of hosting a party!!.

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Except for the fact that no crime has been committed here.

Except that there has been committed a crime, your countries laws are no more arbitrary than those "laws" set by private companies, by breaking the rules of this forum you are per definition doing something illegal, you're committing a crime.

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There's a big fat "NOT FOR RESALE" tag written on the CD.

Which is only valid in your country. I can, legally and freely, sell my copy of Windows at any time I want and there's zilch Microsoft can do about it (and something I've done before, even OEM copies which I've bought from a store). Same goes for games and various other media, also promotional material such as the Op sold.

I can print anything I want on the manual, license, EULA or the media itself and it has no legal weight behind it whatsoever.

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Which is only valid in your country. I can, legally and freely, sell my copy of Windows at any time I want and there's zilch Microsoft can do about it (and something I've done before, even OEM copies which I've bought from a store). Same goes for games and various other media, also promotional material such as the Op sold.

I can print anything I want on the manual, license, EULA or the media itself and it has no legal weight behind it whatsoever.

Yep thats right. If he wants to sell it, and if its legal where he is, he can do whatever he likes with it. Hell it's microsoft, im sure there are copies of Windows 7 on Ebay allready. Are they illegal to buy? Probably but who cares. You get Windows 7, the seller gets his money, Microsoft gets their product onto another happy customers computer. Who's losing out except whingey little boys and girls because you didnt buy it though official channels like a retail store?

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Except that MS's products are licensed. they pay millions to be able to sell what they are selling. If you break their conditions, you run the risk of being sued and the courts will lean towards the company in favour because they had condtions you disobeyed.

YOU can do the same to your own products. If you make software and then make a EULA licence saying no one can copy or modify the software. how would you feel if someone ingores that and start to modify the software into as his own and then selling them, earning you NOTHING at all.

EULAS and messages like "NOT FOR RESALES" are designed to protect the company, NOT the customer.

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Let's take a moment here to think before we post. Resorting to name calling and personal insults will land you a warning level increase. Don't agree with someone? Do so in a courteous and mature manner.

Thread Cleaned

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Well done, roadwarrior! :cool:

They're just angry because they didn't make any money on that one.

As usual, MS thought they can do whatever they damn please :x

Clueless much are ya?

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You mentioned you never had any intention of using that copy of 7 and if you did throw a party you wouldn't use the stuff supplied with it. Then what's the point in throwing a Windows 7 party?

Let me clarify something. When I applied for the House Party site, I didn't have the other copy of Windows 7 and didn't know that I was going to be getting it. I got the other copy after I had already been approved. As for the party supplies, House Party never showed what they were going to look like before they shipped them. If you look through some of the other threads here about the party kits, you will see what they look like. In my opinion, they are hideous. I personally hate the "artwork" (if you can call it that) that they used, which is based on some of the Windows 7 wallpapers. That is why I don't intend on using the party supplies they provided.

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There always are two ends to a law, the law written down and your moral law. Clearly you only look at one.

Microsoft's goodie/party packs are put in place to make people happy, allow testers to test or any other reason which is acceptable. You clearly took advantage and had one sole purpose, making money by selling a "gift". Something which is morally wrong in the first place. One is never to sell a gift, at least in my opinion.

You did take the law to the letter and you have "won". You're allowed to sell your party pack and receive too many dollars for what it's worth. Good job. However, I bet you won't take the law to the letter when you're in the negative light, will you? Or do you always drive 60 mph in a 60-zone?

Seriously, when there is a law you must always look at the moral aspect. About 99% of the people will take the "not for resale" as granted, whether it's a rule or not, but 1% always has to make a drama about it and shorten the chances for those 99% other people to win such "promotional offer".

I hope you're proud, I'm not.

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Anyone arguing against the resale of freebies gets a thumbs down from me. Who the **** cares what one does with it. "Oh, but I got Windows 7 through MSDNAA/TechNet/my employer/from a friend", why should he have to keep both because of some would-be morals? It is his legal right to sell them, so get out.

FYI my country was ineligible for party packs so I am entirely unbiased.

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"Not for Resale" DOES have legal binding. Any companies that give away "Not For Resale" items and see you selling them CAN sue you. Usually those items comes with terms and conditions which ARE legal binding.

First, you are in a different country than me, so your laws and relevant court cases would be different. Second, it is obvious that you didn't read the decisiion of the court case that I linked to. This case was just decided a little over a year ago, and it is likely that it is still not very well known. That court case basically invalidated "not for resale" clauses because it goes against the long standing First Sale Doctrine (at least here in the US).

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Rules for the site that we signed up for to win the party pack

by trying to sell what he won, he is in fact using the website for private gain, therefore the auctions are illegeal.

The item you quoted was talking about using the House Party discussion boards and web pages in order to solicit money or goods. That means I can't post requests for money or goods on their web site, not that I can't sell the items I received for hosting the party.

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Awesome! I'm glad to see someone fighting the big dogs...

They gave it away for free? It's not like they sold it to him and then are trying to stop him from reselling it. Someone else could have got the party pack who actually wanted it. I never applied for one since I never liked the idea of holding a 'party' for a new OS :p

I'm not saying that I wouldn't have done the same thing though :happy:

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Wow. That was pretty epic dude.

But I hope in the future, you aren't offered more product opportunities like this one, even if the law says you can resale property that is clearly marked "not for resale".

I disagree with that case ruling, and really hope you don't make profit from selling something that was given to you for free.

No! I greatly disagree. Many things are free or cheap. In the US the line is as the law is, possession is 9 10ths of the law. If you get something that is worth $1,000,000.00 to someone, who is to say that it cannot be sold for $1,000.00? Where is the line, who draws that line, and for what group of people? Would it be ok at $999,999.00, or at $1.00? This is no different than if someone puts a sign on their property, and sells their property. Either the sign holds legality, or it does not.

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...per definition doing something illegal, you're committing a crime.

Doing something illegal is not always committing a crime. Illegal means against legality, against the law. A crime is an action that's against criminal law. There's also civil law and common law, remember? Back to arguing ups and downs of why profiting from Microsoft is morally bad.

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I guess you really need the money tho. If I wasn't going to keep the win7 party I would probably end up giving it to someone I know.

Yep, exactly. I agree with you.

It's either he's really desperate for money and needs it... or he's a greedy moron...

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At no point have I ever said that I was not hosting the party, just that I wouldn't need the copy of Windows 7 that they provided (I already have it through work), and I don't plan on using the party supplies that they sent (they were hideous and tacky). No where in the agreement for House Party did it state that you had to use either at your party.

So why did you sign up to get the party pack if you already had Windows 7? And is that copy actually legal if you obtained it from work (I'm assuming your work has technet or MSDN. You cannot legally run that on your own machine. Apart from it being an illegal copy, that's also potentially theft from your workplace).

Thank you for potentially ruining things for thousands of other people.

I'm sure Microsoft will now be thinking twice before ever doing something like this again in the future.

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