Thread: Note: No Software Ads

I am sorry... but this is kinda lame. For the most part (with the exclusion of OEM licenses) it is perfectly legal to sell software you are no longer using. Just as if you sold a book that you have already read, as long as you don't keep your own copy for later use.

The problem is that Scott would have to prove that the seller is indeed selling a legitimate copy of the software and not a home made copy such as what you find sloughed all over craigslist and ebay these days that some guy makes in his home. As annoying and lame as it is I'd rather Scott error on the side of caution than to try and take on a court case with a software giant that has pockets that could swallow the state of Connecticut.

Originally Posted by Van

The problem is that Scott would have to prove that the seller is indeed selling a legitimate copy of the software and not a home made copy such as what you find sloughed all over craigslist and ebay these days that some guy makes in his home. As annoying and lame as it is I'd rather Scott error on the side of caution than to try and take on a court case with a software giant that has pockets that could swallow the state of Connecticut.

But then again Craiglist and Ebay don't block the sales of software, nor are they required to prove that the software being sold on their site is ligit, at least as far as I know.

Ebay does go after bootleg software and I've helped them do it several times but you are allowed to sell new software on there but I've never seen used software on the site. With craigslist they go the route of telling you to avoid scams and you get the option to flag a post.

Ebay is the apple to Scotts orange and thusly is seen that way not just by the software company that wants him to keep their software off the classifieds but would also be seen that way in a court of law should they take it to that point.

Originally Posted by Jim S.

Absolutely. Next, E* and BEV will be asking the board to not permit ads for FTA receivers...

I agree, slippery slope.

Originally Posted by Van

Ebay is the apple to Scotts orange and thusly is seen that way not just by the software company that wants him to keep their software off the classifieds but would also be seen that way in a court of law should they take it to that point.

Tell you what... show me a case where a court of law held a forum operator legally culpable for a software transaction carried out by individuals posting on their site, and I'll agree.

If this was my own personal site, I would be FAR, FAR, FAR more concerned about my liability for the posting of copyrighted images in the "Official Hot Babes thread" over in the back room. Since the back room is a "paid" access area, the site is profiting from the posting of images that it does not own.

Yeah sorry van, I believe you are wrong. This site is for personal ads. None of the items being sold on this forum are being sold by private parties, not by the site. The site has no legal liability. As an law enforcement officer trained in internet legal liability, I know what I am talking about. Whoever told you this information is way out of line and WRONG.

Van, please show me the law or case law that says differently if you agree with this.

I think the reason is not legal but more or less good will. Software companies help out sites such as this a good amount be it with development software or advertising and selling software, counterfeit or not, could risk loss of advertising revenue or just create bad will with potential clients or advertisers. As a result while I can see the dispute I would have to agree with why software sales are not allowed.

What about boats?