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.
You’ll note, though — they are still selling it... :-)
[they’re just using a few weasel words and selling it anyway...]
eBay would rather just go along with Microsoft's wishes, as do too many judges.
Here's the thing with eBay... they have the right to refuse to sell anything that they don't want to for whatever reason that they don't want to. I personally wouldn't use eBay, because I think they're a crooked outfit -- but if you do, then you're gonna have to put up with whatever they tell you to do.
However, if a judge gives a decision on the matter, then it binds a lot of other people in what they are allowed to do. That's not true with eBay. If eBay decides not to sell it (for whatever reason) they can simply refuse to sell it, giving you whatever bogus reason they want to.
Another outfit will sell it, instead of eBay. That's the way things work in our society.
But, as I said, a judge giving a decision is a completely different matter than eBay.
And your problem is that the same court system that ruled on a book in 1894 have superceded that ruling for a different product with different circumstances in later rulings in the 100 years or so since and Microsofts licensing HAS been upheld several times including one in which eBay was ordered to remove such auctions under threat of a contempt citation.