I'll look for the email sent to me from eBay when I tried to sell a used, legal copy of Windows NT Server 4.0. The hardware, which had been given to me, had been trashed, so the license was mine to sell. They removed the sale and told me that Microsoft doesn't allow the resale of their software.
There are obviously some hoops to jump through, but it looks like one can sell it, per what was said here... :-)
The following copies of old and used Windows NT/2000 operating systems are in stock today (our stock changes daily) at EMS Professional Software. Unless otherwise specified, each product includes ONLY original manuals and media in usable condition. Note! EMS is not selling licenses to use any software on any media for any specific use. EMS only sells original materials to computer professionals who understand the complexities of software licensing.
Effective immediately, we will no longer sell any Microsoft product, including books, that includes a COA (certificate of authenticity) unless it is the complete product, as originally sold. Yes, MS's interpretation of 18 U.S.C. 2318 is that even a book with a COA on it is licensed material and may not be transferred except as the IP owner permits, and it's not worth $20K+++ to us to have a federal judge rule on this. Customers who are not systems builders must purchase OEM software as part of a hardware purchase. Systems builders may purchase sealed OEM products without hardware. OEM packages with broken seals must always be sold with hardware, and must include all materials originally included with the package.
Before buying, you should contact Microsoft to arrange any licensing needed for your application. EMS is not affiliated with Microsoft or any other company.
Yeah, see? There are the restraints on a copy that has already been sold.
That's a good illustration of what I'm talking about, and exactly the problem I ran into. My copy was a Dell OEM copy for which the hardware had been destroyed. According to Microsoft, that fact stripped me of my right to resell my copy of the O/S.
See my post #181 for links which prove that this is in contradiction to the settled law on the subject.
eBay would rather just go along with Microsoft's wishes, as do too many judges.