I fought Microsoft over selling NFR software and I won!

By Southern Patriot
in General Discussion

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Grand Master

Richard Hammond

Posted
Posted

What a shame, i dont have anything against this guy and it makes me sad the amount of people that are having a go at him, i remember back in 2001 when i used to frequent this website i used to read the forums but not post up until a year ago and everyone was helpful there was no backstabbing or bitching going on, this forum has gone downhill fast.

Grand Master

Astra.Xtreme

Posted
Posted (edited)

@OP. Instead of running away from your problems, you could face this like a man and you'll blend back in, in a week. It doesn't mean we are all a bunch of Microsoft-loving *******s because we disagree with what you tried to do. That's life. We all know you aren't just going to get up and leave Neowin anyway. ;)

Edited by Colin-uk
Grand Master

Berserk87

Posted
Posted
Isn't it "a bit ironic" that you're condemning what he does "against terms of service" with your avatar?

not really.

didnt Apple lose a court case about installing OSX on non apple computers? the judge said that they arn't allowed to limit which hardware it was installed on.

....?

Grand Master

Memphis

Posted
Posted
not really.

didnt Apple lose a court case about installing OSX on non apple computers? the judge said that they arn't allowed to limit which hardware it was installed on.

....?

Likewise, it is also legal to sell promo software and EULA's are not legally binding. Hypocritical. Ive been watching from a far since the longhorn days on this forum and the only reason I stuck around was because of the news section and the fact that winbeta and aeroxp pretty much died out in following. This guy is practicing his rights, you can say its a bad move or a mean thing to do but its legal. On another note I sincirely doubt this kind of behavior will discourage Microsoft from making promotions again. I know atleast 5 people who after seeing my early copy of vista bought it on release. Its plain good advertising and microsoft already had allotment in the finances to give these copies away.

Mentor

ScottKin

Posted
Posted

(N)

@Op, you know... If you DON'T hold a launch party, or fail to upload the pics etc to the provided site, MS could easily sue you for breach of contract and obtaining goods under false pretences?

It would serve you right too. That was a pretty ****ty thing to do really; you clearly had no need of the signed copy and only ever wanted it to sell for profit.

I',m never one who whishes ill upon anyone...

...but in this case, I hope the "pending" part follows through and the DO sue his a$$ for breach of contract, along with blacklisting his Product Key.

One word describes "roadwarrior" in this case: PUTZ!!!

:woot: :uberhump: :woot:

:boo:

(N) (N) (N) (N) (N) (N) (N) (N) (N) (N) (N) (N) (N) (N) (N) Not enough room for more (N) to describe my feelings about this OP and his deceitful activities.

--ScottKin

Mentor

ScottKin

Posted
Posted
good riddance. dont flatter yourself, after looking at your topics, most are EBAY items your selling, not so much contributing to the community.

AMEN, AND AMEN!

"roadwarrior" - Your "goodbye" post just illustrates your need for acknowledgement and attention that you obviously lack in other areas of your life. Your blatant disregard for the contract you agreed to between you and Microsoft also shows a tendency to have a general disregard for things like rules and the law. Technically, by selling NFR software products on ebay (which you agreed not to do in your contract), you *have* broken the law.

That little word in the response from Microsoft - the word "pending", means that Microsoft wont' press charges...now...but that doesn't mean that they won't be pressing charges later on.

Living in fear of being sued is like having an itch you can never scratch. Time to go find the Calomine lotion, "roadwarrior"

:woot:

--ScottKin

Apprentice

vitaminX

Posted
Posted

What the hell? I couldnt give a rats ass about what someone else decides to do with a freebie he got, and to all those babies who fear MS wont do a promo again... put your skirts down haha. Who the **** cares what he did with his party pack. Like no one at MS thought this is going to happen? **** like this happens all the time. And btw **** morals. Morals are just put on you, to behave like society wants you too. You know i **** on that ****, I do what i wanna do, every day in my life and dont give a flying ****.... I personally probably wouldnt sell it though, keep it because it would feel nice getting something free, believe it or not, but who the **** cares really what i would do.

Community Regular

FISKER_Q

Posted
Posted
Likewise, it is also legal to sell promo software and EULA's are not legally binding. Hypocritical. Ive been watching from a far since the longhorn days on this forum and the only reason I stuck around was because of the news section and the fact that winbeta and aeroxp pretty much died out in following. This guy is practicing his rights, you can say its a bad move or a mean thing to do but its legal. On another note I sincirely doubt this kind of behavior will discourage Microsoft from making promotions again. I know atleast 5 people who after seeing my early copy of vista bought it on release. Its plain good advertising and microsoft already had allotment in the finances to give these copies away.

As far as i am concerned the EULA or Terms of Service is only there to establish that he did it in bad faith, he still took and sold a free/promo piece of software, had he atleast done the party thing, it would've been ok atleast for me. Getting OS X to run on another system is also against the EULA/Terms of Service, and it's broken in bad faith, but i don't find it morally objectionable, first of all as creating interoperability is a legal right here, and second of all because the copy itself doesn't keep anyone else from getting it, which is the case with the party pack.

Mentor

ScottKin

Posted
Posted
not really.

didnt Apple lose a court case about installing OSX on non apple computers? the judge said that they arn't allowed to limit which hardware it was installed on.

....?

If you're referring to the Apple v. Psystar case, the case is far from over and Apple has not "lost" the case in any means. Psystar was actually forced to declare Chapter 11 debt protection & re-structuring. The Judge, in a preliminary hearing in the case did in fact force Apple to rewrite their EULA in regards to non-Apple platform installations, but that does not wipe out the preventions from 3rd Party installtions.

http://en.wikipedia.org/wiki/Psystar

https://www.neowin.net/news/main/09/10/10/a...d-trial-in-2010

http://www.freerepublic.com/focus/f-chat/2364392/posts

--ScottKin

Mentor

ScottKin

Posted
Posted
What the hell? I couldnt give a rats ass about what someone else decides to do with a freebie he got, and to all those babies who fear MS wont do a promo again... put your skirts down haha. Who the **** cares what he did with his party pack. Like no one at MS thought this is going to happen? **** like this happens all the time. And btw **** morals. Morals are just put on you, to behave like society wants you too. You know i **** on that ****, I do what i wanna do, every day in my life and dont give a flying ****.... I personally probably wouldnt sell it though, keep it because it would feel nice getting something free, believe it or not, but who the **** cares really what i would do.

Troll Alert!

When someone uses a lot of expletives in their speech, it is usually due to the fact that they have a hard time expressing their feelings in a non-gutteral manner. Are you so angry at the other posters in this thread that you actually have to resort to that filth? Thank goodness for Neowin's censorship controlls. Is this the kind of speech & language that you would want your children or grandchildren seeing in later years? "Dad - were you nuts back then?"

:rolleyes:

--ScottKin

Grand Master

ThisSiteHasLostItsCharm

Posted
Posted
(N)

I',m never one who whishes ill upon anyone...

...but in this case, I hope the "pending" part follows through and the DO sue his a$$ for breach of contract, along with blacklisting his Product Key.

One word describes "roadwarrior" in this case: PUTZ!!!

:woot: :uberhump: :woot:

:boo:

(N) (N) (N) (N) (N) (N) (N) (N) (N) (N) (N) (N) (N) (N) (N) Not enough room for more (N) to describe my feelings about this OP and his deceitful activities.

--ScottKin

what contract would that be? the getting free stuff contract? Some how I think hes safe...they won't sue. Don't be silly.

Grand Master

Hell-In-A-Handbasket

Posted
Posted

to all the people saying " its not ilegal ", majority of the people in this thread realize that, the problem is that OP entered signed up for the free stuff for the sole purpose of selling it.

if you give a homeless person with a sign that says " Need money for food /get back on feet " money and he immediately gets up and walks into the liquor store, would you be miffed ?

same thing, trying to get something under false pretenses.

Mentor

Rodrigo

Posted
Posted (edited)
What a shame, i dont have anything against this guy and it makes me sad the amount of people that are having a go at him, i remember back in 2001 when i used to frequent this website i used to read the forums but not post up until a year ago and everyone was helpful there was no backstabbing or bitching going on, this forum has gone downhill fast.

There's no "backstabbing" or "bitching". If you can't handle a heated discussion or a different opinion from yours my only suggestion would be to stop using forums or maybe even talking to people. Seriously people, is that the only excuse you can come up with when you can't defend yourselves with logical explanations?

What the hell? I couldnt give a rats ass about what someone else decides to do with a freebie he got, and to all those babies who fear MS wont do a promo again... put your skirts down haha. Who the **** cares what he did with his party pack. Like no one at MS thought this is going to happen? **** like this happens all the time. And btw **** morals. Morals are just put on you, to behave like society wants you too. You know i **** on that ****, I do what i wanna do, every day in my life and dont give a flying ****.... I personally probably wouldnt sell it though, keep it because it would feel nice getting something free, believe it or not, but who the **** cares really what i would do.

Grow up little kid.

* If any of the above is True, what are the possible consequences?

I would be good to know but I doubt anybody knows the consequences.

Edited by Rodrigo
Mentor

zagor

Posted
Posted
to all the people saying " its not ilegal ", majority of the people in this thread realize that, the problem is that OP entered signed up for the free stuff for the sole purpose of selling it.

if you give a homeless person with a sign that says " Need money for food /get back on feet " money and he immediately gets up and walks into the liquor store, would you be miffed ?

same thing, trying to get something under false pretenses.

+1

Grand Master

devHead

Posted
Posted
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

Yeah, you're right; Microsoft thought they could give away their newest OS for those that would throw parties and celebrate it, when in reality someone just takes it and greedily looks for a way to make money off of it. What a bunch of scum bags huh? Who do they think they are?

And it's not that people are angry just about him doing it, but then he has to come onto this forum and brag about it. That's just disgusting if you ask me. Course, last time I checked I still had a conscience.

You're as big a loser as roadwarrior is.

Rising Star

slippery

Posted
Posted (edited)
Here's an example for you: You have a birthday party and everybody gives you presents, which you in turn sell to your buddies for cash.

It's not necessarily wrong, but it DOES in fact make you a douchebag for doing so. That's why people are mad.

The gift was given for you to USE. If you weren't going to use it, then you had no right applying to get it in the first place and taking the spot of somebody who could have actually used it. That's it.

And what makes you any less a douchebag for the comments you have offered up?

I didn't do the same as what this topic started out about - it was an afterthought on how to get what I needed by letting someone else get the party pack and with the proceeds, I would in turn buy a copy of Windows 7 Pro with the money going right to Microsoft.

Edited by slippery
Grand Master

Astra.Xtreme

Posted
Posted
And what makes you any less a douchebag for the comments you have offered up?

I didn't do the same as what this topic started out about - it was an afterthought on how to get what I needed by letting someone else get the party pack and with the proceeds, I would in turn buy a copy of Windows 7 Pro with the money going right to Microsoft.

Typical response of a 5 year old...

And regardless if you will supposedly give the money back to Microsoft is far beyond the point...

Contributor

Yillb

Posted
Posted

I'm sure some very smart statisticians or whoever have a very good estimate for the number of people that might sell the software, so I doubt Microsoft isn't going to do more free promotions in the future.

I'd be interested in knowing what people on the street thought, I read the thread over and unless I missed it, roadwarrior never said that he wasn't going to hold the party, could of missed it though. Forget "not for resale", licensing, each line of the terms and conditions of the promotion, etc, in the end did the person hold the party? If so, to most people the promotion winner upheld their end and I'd bet most people wouldn't have a problem with someone selling something that they got for free. Like I said ignore the stuff all you guys know about software licensing and the legalese of the promotion.

And that's why I don't have a problem with what roadwarrior did.

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