Re-selling academic software.

[DJRmazing]

Hello,

A little while ago I bought a piece of software from Microsoft, and got it with a student discount. It has been sitting in a drawer collecting dust for about 5 months now, and I kinda decided I didn't want it. No problem I thought, I will just pop it on ebay, and use the money on something I need. So, I break it out, and plastered all over the disk is 'Not for resale', 'Academic use only', 'Selling or making copies of this disk is illegal'. Fine, I got the picture.

But now my question is, Why is Microsoft so anal about this? I bought this software legally. I payed my $200 for it. Why does it matter what I do with it, after I own it? If I buy a book, and finish reading it, I can do whatever I please with it. Sell it, give it away, photocopy it and give the copy to a friend, it wouldn't matter. But these big corporations have got to squeeze every last penny out of us. It is ridiculous. Sure, I got a discount, and appreciate it, but I doubt that this piece of plastic is even worth the $200 I payed for it, and it only costs that much because Microsoft is the only darn option you have, and they can drive up their prices because there is no competition.

So, sorry for that rant above, and I would not be surprised if you did not read it, now on to the purpose of this thread.

While I do not condone doing so, or plan on doing so, what would happen if I hypothetically did resell this piece of academic software and got caught? What would the punishment be?

Once again sorry for that rant. I just found it ridiculous that I cannot get rid of this piece of legally-bought software I do not want. I do not mean to be so negative, and thanks in advance for any answers (To the second, actual, bold question).

 

[JDFan]

Thing is in order to purchase or USE Academic software you have to qualify by being enrolled in a university as either faculty or student and are limited by the EULA to only use the software in non commercial use (for example 3ds MAX student versions can not be used to create 3d models for selling) -- This is why the license is sold at the substantial discount over the normal retail version since it is for learning on in an academic setting not for commercial usage. You have to remember with Software you do not purchase the software you merely purchase a License to Use the software and as a part o your purchase of an Academic version of the software you agreed to the EULA that was part of the purchase which precludes the resale of the license ( Same goes for OEM copies of their OSes that are tied to the MOBO of the system they are initially installed on and can not be moved to a new system) -- If you want to be able to resell it you have to purchase a full retail version instead of the discounted version which is why that version costs more $.

Chances are if you resold it nothing would happen but the purchaser is taking a chance that the license could be terminated leaving them with a useless copy of the program since they violated the EULA in purchasing a non resellable copy of the program - so chances are you would have a hard time finding someone willing to purchase it. (esp. since as you stated plastered all over the disk is 'Not for resale', 'Academic use only', 'Selling or making copies of this disk is illegal' - so they'd have a hard time arguing that they did not realize it !!)

 

[nikorr]

That's why u got the software in reduced price. Whats the software's name?

 

[DJRmazing]

Thanks for the info. The software is Microsoft Visual Studio 2008 Professional. A powerful program I thought I would like, but I never got around to it.

So now I have another question. What if I give it away? The EULA mentions selling it, but there is nothing about letting someone have it free of charge.

Also, what if I sold it to a student. It would still violate the EULA, but I do not understand why. If I buy a retail version, I can resell it to anyone. If a buy a student version, I should be able to resell it to students.

 

[hang-the-9]

It's just like bying an OEM Windows disk. It's way cheaper but comes with the restriction that it is only valid on the PC you bought it for. You buy a new PC, need a new OEM Windows for it, you can't move the license over.

That is the trick with buying non-physical work and ideas. You are not paying for the plasic, or the number keys, or the packaging, you are buying the 2 years of developement and testing by a group of a hundred progammers, testers, marketers, etc...

You buy a house, you have visible 200,000 worth of materials, labor, land. When you buy software, it does seem like you are paying for a shiny 30 cent disk, but you are not. The lisence cost needs to take into account all of the work that goes into building this electronic "house" you have. And since that is about a $1,000 program in retail, the restriction you have for buying it for your own school use is that you can't just resell it or use it for commercial work.

To use the house analogy again, there are some houses built in areas for lower-income lotteries. So the developer wants to build 50 houses. The Town votes and agrees to the work to be done, but tells them, you need to have 10 set aside at cost or less for people to be able to afford that normally would not. When you put in for a chance at that house at a discount, you have restrictions like you can't resell it for at least 10 years, or you need to be married, or something. Same type of thing.

 

[JDFan]

Thanks for the info. The software is Microsoft Visual Studio 2008 Professional. A powerful program I thought I would like, but I never got around to it.

So now I have another question. What if I give it away? The EULA mentions selling it, but there is nothing about letting someone have it free of charge.

Also, what if I sold it to a student. It would still violate the EULA, but I do not understand why. If I buy a retail version, I can resell it to anyone. If a buy a student version, I should be able to resell it to students.

Like you said -- That is still against the EULA and therefore gives MS the right to terminate the license -- whether they actually will or not is up for debate but it would be within their rights so the person that you are selling it to would have to assume the risk that their license could wind up being unuseable and would be assuming that risk by purchasing it from you and you by selling it would be opening yourself up for being sued by MS.

Sure it is doubtful that MS would actually do anything to stop the program since that license has never been registered and as far as they know the new purchaser has just purchased the license from the school so chances are everything would work fine and nothing would happen but there are additional risks involved so you would have to willingly accept those risks and also the person buying it from you would have to feel they were getting a good enough deal to also assume those risks. So can it be done SURE and probably is done often but that does not change the fact that it is in violation of the agreement you agreed to when you bought the product at the discounted price.

 

[DJRmazing]

Alright thanks guys, and sorry if I sounded cranky. I also realize that you are paying for the labor that went into making the program, but I still do not think it is worth $1,000; even if it took 10 years to make it. Look at other software, lets say a video game. I know some video games that were in development for 5 years. The studio had 600 programmers, artists, and designers working on it full time, but it still retailed for $60. The reason Microsoft is able to charge that is because they are basically a monopoly, at least on that front. Where else would you go to get similar software? At least when I buy a house, I can shop around for the best deal.

But, as I said I am not trying to be whiney, as it stands I did get a fantastic deal on this software, and will probably just keep it.

Thanks for all the info.

 

[randomizer]

You may have got a good deal, but there are better ones to be had 😉

 

[DJRmazing]

Best answer selected by DJRmazing.

 

[nikorr]

This topic has been closed by Nikorr.