on 2/15/06 4:09 AM, [EMAIL PROTECTED] at [EMAIL PROTECTED] wrote: > I avoid ads that state the computer comes with X software installed. The ad > said it came with "fully licensed versions" of the software, which means to me > it's not illegal.
Well, yes and no. If you read the ad quickly, "fully licensed versions" sounds legitimate. The thing to look for would have been something along the lines of "software licenses are _transferable_ and I will work with you to get them transferred over." A "fully licensed version" of a software package won't do me much good if the license is held in someone else's name. At the same time, I can kinda understand why you read it the way you did. Especially if it was one of those "auction ends in 3 minutes"-type deals. > During our exchange of e-mails, she said she would fully transfer ownership of > all software. Hmmmm. This *might* be worth something. What sort of feedback does this seller have? The kicker here is that the seller is saying this after the end of the auction. IOW, it's not a condition of the auction itself. OTOH, the fact the she used the phrase "fully licensed versions" might well allow you to say that she's trying to defraud you. The kicker here is that you're getting into semantics and that's always a tricky place to be. >Wouldn't it be better to contact the software companies instead? I don't know. What are the software companies likely to ask you to do? What incentive will they have to work with you? You don't have any legitimate proof of purchase for the software. True, you have proof that you bought "a computer" from an eBay seller that (allegedly. as far as they're concerned) had the software on it. How do you prove to the sw companies that the machine you bought is exactly the one that is holding the disputed software? I can see taking this route in order to get the seller busted, but I'm not sure it will get you any closer to getting legitimate copies of the software. I suspect all they will do is tell you to go out and buy legitimate copies of the software. After all, if you're out money on the eBay transaction, it means nothing to them. The other thing to consider here is whether or not the person you bought the machine from even had the software license to begin with, or at the very least, the right to transfer the license. The fact that she hemmed and hawed so long speaks volumes. If she had the legal right to transfer the software, why would she not have done so? It would put her feedback at stake, right? If you do decide to contact the software companies, you may want to do it in a very circumspect manner. I understand you want to make things right, but they might not see it that way under the circumstances. > Legally, I may own the software and she hasn't fulfilled the eBay contract. I > do believe I could prove it in court. However health and the possible hassle > and costs have prevented me from pursuing legal avenues till now. Facing > facts, since I'm not using the software, there is no reason to go through the > hassle of removing the software immediately if 1- I may need to show the > software companies proof of piracy, Right. I understand what you're saying, but you may end up queering yourself by trying to show them "proof of piracy" on a machine that is currently owned by you. I'm just not sure how they will react. @_@ > I agree it is pirated software if I have no right to it. That's the kicker here, especially as your seller has yet to demonstrate that they even had a license to give to you in the first place. Here's what someone had to say when I summed up your situation on one of the Community boards: > If the "fully licensed" claim was part of the auction, the buyer could file a > "Significantly Not As Described" complaint with ebay. Another possibility > would be to notify the software companies involved. Nothing makes a seller's > day go bad quite as much as receiving calls from multiple software companies > talking about lawsuits. So according to them, the sw companies *will* go after someone selling warez. This is just one person's take, though. Does anyone on this list have firsthand experience in this situation? > My best guess is she bought a G5 and installed it on that and left the > software on the machine she sold me. I wonder if she has her sales receipts. Having just the original media doesn't necessarily put one in the clear. You also have to show that you were the one who bought the sw. Or, in the case of a license transfer, that the transferer (?) was indeed the original purchaser and has some sort of record of the purchase. > Without specific program titles, it's hard to advise someone as to whether > or not a particular application or version of an application will meet their > needs. The corollary to this is that we don't know what it is you're trying > to accomplish with the software in the first place; please do tell us. > Perhaps what you have loaded on your HD won't work effectively for what you > need it to do anyway. ]shrugs]>> > > Microsoft Office 2004 > Adobe Creative Suite CS2 > Final Cut Pro 4.5 HD Is this *all* the software at stake? If so, I would simply put out a "WTB" ad on the list for it after making sure this is the sw you need for what you want to do. MS Office and FCP come up on the list from time to time. > Thanks. However, the reason I wrote is not about whether the software is > illegal or not, etc. I was looking for answers to questions like: Is there any > real difference between regular and Student/Teacher versions? I've heard that > upgrade versions install just like non-upgrade versions and don't actually > require a previous version or serial numbers. True? Specific software titles would help here. That way someone from the list could share an experience they've had with a particular application/version firsthand, rather than trying to generalize about different packages from different companies. The more information you can provide, the more accurate a response you'll get. Best, James Fraser -- G-List is sponsored by <http://lowendmac.com/> and... 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