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t_ski · Apr 12, 2010

Mussels said:
as for your edit above: they buy it with hardware, and they're supposed to sell it with hardware. Here in AU many stores sell them in a dubious fashion, but they require hardware to be sold with it. Unlike those stores however, TPU is responsible here for allowing illegal sales - not you. We simply cannot condone a sale for an item with such big letters that scream "THIS IS ILLEGAL"

You can buy system builder packs from NewEgg and Tiger Direct. My work bought 600 Vista Business OEM CD's and not any hardware to go with it.

Fitseries3 · Apr 12, 2010

newtekie1 said:
Ya'll know possession and ownership are to different things, right?

rules state "possession" not "ownership"

hence my questioning of the rules.

Mussels · Apr 12, 2010

t_ski said:
You can buy system builder packs from NewEgg and Tiger Direct. My work bought 600 Vista Business OEM CD's and not any hardware to go with it.

different country, different rules.

anyway, its all moot: moderators have final say, it was deemed a no-no for various reasons.

There are ways of appealing the decision (make a thread in comments n feedback, PM w1zzard).

Fitseries3 · Apr 12, 2010

W1zz said this is all up to MODS.

he wants no part of it.

Mussels · Apr 12, 2010

Fitseries3 said:
W1zz said this is all up to MODS.

he wants no part of it.

and the mods made a decision.

If w1zz supports that decision, then the appeal is basically rejected and the item cannot be sold.

t_ski · Apr 12, 2010

Mussels said:
different country, different rules.

anyway, its all moot: moderators have final say, it was deemed a no-no for various reasons.

There are ways of appealing the decision (make a thread in comments n feedback, PM w1zzard).

What's the solution for an international site like TPU then? I have seen other forums prohibit the sale of any OEM software, and others that allow no software period. Being an avid seller here and other places, I would prefer no OEM over no software period.

btarunr · Apr 12, 2010

Easy Rhino said:
i really don't think this thread is for arguing about rules. PM a mod if you have issues or ask w1zzard...

^This.

Please look at TPU as a free service and the limitations attached to it, not something you're entitled to, and try to circumvent "rules".

Speaking of which, TPU has no rules, only guidelines. Using the term "guidelines" gives its enforcers the flexibility to handle any situation, in any way deemed fit as long as it's pro-TPU and the community, not individuals.

Mussels · Apr 12, 2010

t_ski said:
What's the solution for an international site like TPU then? I have seen other forums prohibit the sale of any OEM software, and others that allow no software period. Being an avid seller here and other places, I would prefer no OEM over no software period.

well thats just it, we gotta make it up as we go along, and play it safe so that TPU cant get its ass (legally) handed to it.

Perhaps we will ban OEM software at some point.

t_ski · Apr 12, 2010

My vote would be for no OEM then, even if it sucks that I can't sell some old OS disks I have

Easy Rhino · Apr 12, 2010

t_ski said:
My vote would be for no OEM then, even if it sucks that I can't sell some old OS disks I have

you can, just not here...

aCid888* · Apr 12, 2010

Allow people to sell OEM software if they provide some form of hardware with it (a single stick of RAM???) that was installed when the OS was in use on said rig???

This will circumvent any issues Microshaft have with resale.....by their own rules on resale etc, is not illegal.

erocker · Apr 12, 2010

Fitseries3 said:
W1zz said this is all up to MODS.

he wants no part of it.

Ok, here's my call. The disk says right on it "To be sold with a new PC only." I'm standing by that. I don't care if you sell the disk, you just aren't going to do it here. Also, let this be a warning. I'm not going to tolerate any more "bending" of the rules from you regardless of who you are or who you claim to be. End of topic.

W1zzard · Apr 12, 2010

no oem software

W1zzard, 12.04.2010 16:51:40:
are you selling key or box ?

fit, 16:51:55:
key, box, dvd, manual

that made me think you had a retail version

Fitseries3 · Apr 12, 2010

W1zzard said:
no oem software

W1zzard, 12.04.2010 16:51:40:
are you selling key or box ?

fit, 16:51:55:
key, box, dvd, manual

that made me think you had a retail version

should have showed you picture. that would have cleared it up.

Fitseries3 · Apr 12, 2010

so can we add "no oem software sales" to the list of rules?

thats the point i am trying to make.

should we not sell OEM hardware as well?

t_ski · Apr 12, 2010

Easy Rhino said:
you can, just not here...

I know - just trying to help come up with a solution :toast:

t_ski · Apr 12, 2010

Fitseries3 said:
so can we add "no oem software sales" to the list of rules?

thats the point i am trying to make.

should we not sell OEM hardware as well?

To my knowledge, I have never seen an OEM hardware package that said it could only be sold as part of a system. I think that's the point the mods are trying to make here: that the OEM software says it needs to be sold with a computer.

PaulieG · Apr 12, 2010

Conversation is basically over. The mods have decided that no OEM software is allowed. We will revise the guidelines to reflect this.

Kreij · Apr 12, 2010

Rules are being finalized ... But yes, basically no OEM software.

t_ski · Apr 12, 2010

OK, great - thanks for helping to clear up the question :toast:

erocker · Apr 12, 2010

Rules updated. http://forums.techpowerup.com/showthread.php?t=11040

Kantastic · Apr 12, 2010

Can it be made so that this thread is always the highlighted thread prior to entering the B/S/T forum? It'd certainly catch the attention of newcomers and reduce the amount of threads needing to be closed.

Deleted member 3 · Apr 12, 2010

Kantastic said:
Can it be made so that this thread is always the highlighted thread prior to entering the B/S/T forum? It'd certainly catch the attention of newcomers and reduce the amount of threads needing to be closed.

The people who don't bother to read the rules in the first place won't read it no matter how clearly it can be seen. Unfortunately it's not a minority.

newtekie1 · Apr 12, 2010

erocker said:
Rules updated. http://forums.techpowerup.com/showthread.php?t=11040

What I don't understand is why OEM OSes can't be sold. It isn't illegal to sell the OS by itself, in fact the OEM licence doesn't even apply to any of the sellers, only the initial person that opens the package. There are a set of rules for the person that opens the package, which can be seen on the white sleeve before openning the package, and there are a set of rules that the person installing the software agrees to when they are installing the software.

The person buying the OS from newegg, then selling it un-openned here, aren't bound by any licensing.

Perhaps the rule needs to be no selling of openned or used OEM software without the white sleeve in tacts, meaning the red stickers on the end aren't broken...

erocker · Apr 12, 2010

newtekie1 said:
What I don't understand is why OEM OSes can't be sold. It isn't illegal to sell the OS by itself, in fact the OEM licence doesn't even apply to any of the sellers, only the initial person that opens the package. There are a set of rules for the person that opens the package, which can be seen on the white sleeve before openning the package, and there are a set of rules that the person installing the software agrees to when they are installing the software.

The person buying the OS from newegg, then selling it un-openned here, aren't bound by any licensing.

Perhaps the rule needs to be no selling of openned OEM software without the white sleeve...

It's a forum rule that was set by a majority of TPU's staff and moderators that is particular to the forum and has little to do with any national or international law. The same as requiring heatware or posting a picture in a thread.

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