Is it legal to sell a sealed copy of Windows 98 OEM?

[klitscher]

I'm not sure this is the right place to post this, but I didn't know where to go...anyway.

My father-in-law has three sealed copies of MS windows 98 with the user manual and product key that were never used for his business. Is it legal to sell these even though the say "For distribution with a new PC only?"

Thanks in advance for any advice or direction you can give me.

Ken

[EchoNoise]

I'm not sure about W98 anymore, but to my knowledge, yes it is illegal still... unless you distribute it with a new / recycled computer.

You could probably "sell" these to local people, but yeah, thats up to your discretion!

[LLXX]

Never used? Probably then...

but then consider the fact that M$ probably doesn't care about 98 anymore and whether or not someone would buy it.

[Dels]

just check ebay, some people had sold used-software , but only for collecyion i think (or maybe not?)

[RJM]

They are being sold.

http://froogle.google.com/froogle?q=WIN98+...=Search+Froogle

Edited March 22, 2006 by RJM

[MDGx]

I have bought my XP OEM CD bundled with a $1 power cable.

This respects MS EULAs and trade/license agreements.

Therefore, it is legal [at least in the USA] to bundle MS Windows OEM CDs with extremely cheap computer hardware, even electrical supplies, like a power cord in this case.

[wizardofwindows]

say it was bill gates power cord from his first computer sell it on ebay lol . Edited March 23, 2006 by timeless

[Sn4k36]

I sold a copy of windows xp home

So yeah go for it and sell ur copy of win98 if u want...

[TravisO]

Technically NO, it's NOT legal to sell an OEM copy of any software. The OEM license requires you to sell the item with hardware, the license probably states you can only sell the Windows OEM if you have a complete case (HD, cpu, video card, ram, mobo). Yes if you look hard enough you can purchase OEM software but you can purchase crack if you look hard enough (in your neighborhood) too.

Just a FYI, MS has 2 fulltime employees that look around the Internet and especially eBay looking for illegal software sales. All they will do is cancel your auction but MS has pressed charges against many career criminals on eBay and other sites.

Although one college student did sell his "Academic Only, Not for Resale" software unopened and MS sued him and lost only because technically if you don't open the packaging, you haven't agreed to any license (yet). But like I said, you won't get sued for selling this but don't expect it to last on ebay, especially if you use the word "OEM"

Edited March 27, 2006 by travisowens

[MDGx]

I bought my official XP Pro OEM copy from Mwave.com:

http://www.mwave.com/

which says it is an authorized Microsoft dealer.

Microsoft posted a list of authorized dealers/vendors here:

http://www.microsoft.com/windowsserver2003...ysbuilders.mspx

and guess what? Mwave.com is included.

Mwave.com is a large Web supermarket in Southern California that has been serving customers for more than five years. They carry approximately 4,000 high-quality products for customers, which include NASA, other government agencies, and schools. A Microsoft Gold Member, Mwave.com offers genuine Microsoft products nationwide for faster delivery. For more information, see their Web site or call 1-800-234-3358.

Hope this helps.

[Bezalel]

If these are still in the sealed 3 pack you can sell them without any hardware. If they were purchased as a sealed 3 pack that was then opened or purchased with "non-peripheral hardware" then they can be sold with "non-peripheral hardware" or a fully assembeled PC. These situations are covered by the System Builder License Agreement.

If these were purchased with a PC and the OS was used (even if the CDs are still sealed) they can only be sold with the origianal PC. This situation is covered by the End User License Agreement.

If these were purchased with a PC and the OS was not used and the EULA was not accepted, you aren't bound by the terms of the License Agreement but you aren't granted any of the rights either.