eBay and auctions of Windows 95

[James Love <love@cptech.org>]

This note includes eBay's letter to Geoffrey Myers reqarding the sale of a copy
of Windows from eBay.  Microsoft postition is that copies of Windows sold by 
auction are "not genuine Microsoft product or that the proposed transaction 
otherwise infringes Microsoft's intellectual property rights."   The second 
issue concerns MS's practice of licensing the OS for use on a specific machine, 
so even if you don't want to use it, you can't sell it.    Jamie




Date:  Fri, 2 Apr 1999 22:41:30 -0500
  From: Wandered Inn <esoteric@denali.atlnet.com>
    To: Multiple recipients of list AM-INFO <am-info@essential.org>

I had bid on a copy of Windows 95 on ebay and just receivedthe
following:

ended@ebay.com wrote:
> 
> Dear Geoffrey A. Myers (esoteric@denali.atlnet.com),
> 
> The following auction(s):
> 
> 83902481 - NEW MS WINDOWS 95 FULL VER. W/BOOTDISK SEALED
> 
> were ended early by eBay.  The auction was ended because Microsoft Corporation notified
> eBay that the item is believed to be counterfeit or other unauthorized Microsoft product.
> eBay takes no position on the authenticity of an item.  However, we are required to take
> any and all action requested by a Content Owner with regard to their works, upon notice.
> Because the auction has been terminated, you are not legally required to complete the
> transaction.  In fact, if you were to proceed with the transaction, you would do so at your
> own legal risk and may be engaging in an illegal transaction.
> 
> Be advised: The auction of illegal items, including all counterfeit goods, is expressly
> prohibited and may subject you to criminal prosecution under Federal and State law.
> 
> Below is information provided by Microsoft:
> 
> Dear Auction Participant:
> 
>         As you may know, software piracy on the Internet, including on Internet auction sites,
>         is a serious problem confronting the Internet community.  The distribution of counterfeit
>         and other unauthorized software on the web hurts consumers, leaving them with illegal
>         product and putting at risk the integrity of their computer systems.  To address
>         this problem and to protect consumers, Microsoft and other software publishers continually
>         monitor the Internet to identify sites where pirated software products are being made
>         available, and take action to stop their unlawful distribution.  This process led to
>         the termination of the auction in which you were a bidder.  Microsoft believes that the
>         product offered in this auction is not genuine Microsoft product or that the proposed
>         transaction otherwise infringes Microsoft's intellectual property rights.
> 
>         Microsoft takes the protection of its trademarks and copyrights very seriously and
>         undertakes substantial legal and educational programs to protect consumers as well
>         as honest resellers and system builders from counterfeit and illegal products.  Federal
>         law authorizes damages up to $100,000 for each willful copyright infringement and up to
>         $1,000,000 for willful trademark counterfeiting.  Intentional violators may also be subject
>         to criminal penalties, including fines and imprisonment.  To protect yourself and ensure
>         you are obtaining genuine, authorized Microsoft products, purchase your software from
>         recognized resellers of Microsoft products.  For a list of merchants that distribute
>         authorized Microsoft products in your area or on line, visit
>         http://www.microsoft.com/isapi/referral/product_search.asp.
> 
>         If you would like to provide information about piracy on the Internet, please e-mail
>         us at Nettheft@microsoft.com.  For more information regarding Microsoft's efforts to combat
>         software piracy or information about how to identify legitimate Microsoft products, please
>         visit the Microsoft Piracy homepage at http://www.microsoft.com/piracy/.
> 
>         You can also visit our "About Me" page on eBay at:
> 
>         http://members.ebay.com/aboutme/msoft@buddy.ebay.com/
> 
> Respectfully ,
> 
> Lulu (ended@ebay.com)
> eBay Inc

--
Until later: Geoffrey           esoteric@denali.atlnet.com

You mean you paid MONEY for Service Pack '98????
-- 
James Love, Director, Consumer Project on Technology
P.O. Box 19367, Washington, DC 20036
http://www.cptech.org    love@cptech.org
Voice 202.387.8030, Fax 202.234.5176