Re: Oems can be sold according to this site
Jeff Richards wrote:
> I believe your analysis is the correct one. The claim that the sale
> is 'illegal' is a shorthand, and inaccurate, way of describing the
> issues you mention. AFAIK you can also add to the issues that the
> purchaser may not have acquired a legal license. In other words, the
> manufacturer cannot actually prevent the wholesaler from selling the
> CD, but they can declare that the purchaser has not obtained a valid
> license to use the software, as the wholesaler lost the legal right
> to transfer the license when they broke their re-seller agreement. That
> claim may be enforceable against the purchaser. So in theory,
> the manufacturer could stop the purchaser from using the software.
>> GregRo wrote:
>>> snip <
>>
>> I don't think very many people would question the legality of the
>> sale. What is being broken is an agreement between Microsoft and an
>> OEM partner. The buyer is doing nothing illegal. The seller is most
>> likely not doing anything illegal either. The OEM who originally
>> purchased the product isn't living up to their agreement with
>> Microsoft. Microsoft can cancel the agreement and forbid further
>> sales to them. They may even be able to sue them for breach of
>> contract. The end user who purchases the product also can't expect
>> any support from Microsoft as with all OEM product support is from
>> the OEM (whomever first installs the product) which in this case is
>> the end user. In other words there is no support. This is usually
>> not disclosed to the end user and is the cause of a lot of problems.
>>
>> Kerry
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