NSS: Found an unused copy of Windows XP Pro -- can I eBay it?

[ski]

I was working on campus the other day, and as I went to throw something out, I saw a few Dell CD's in the trash can. I picked them up and saw it was the Roxio CD and Resource CD, pretty useless. Then I saw this:





A fresh copy of Windows XP Professional with SP1a! Is it possible to sell it on eBay? It says "For use with a new Dell PC", so I would put in the description that this copy is only if you lost the CD that came with your Dell, just carefully worded. I gave my roommate the copy of Windows XP Home that came with my Inspiron 8600 laptop, and it worked on her "Tangent" branded computer. It even comes up after BIOS with a Dell logo She registered it with Microsoft and everything has worked. I'm not sure where that falls in the EULA, but since you can't get out of paying the Windows fee for a Dell, and since I already own XP Professional, the paid copy should be used

It's still in the shrink wrap, and if I remember correctly, the CD-key/license is inside (from the XP Home CD I had). What's the verdict? Trash it, or can I sell it?

Anyone here want to buy it for their *cough* new Dell computer

[DarkFury]

More than likely, that copy of XP is already loaded on someone's PC... and the license is already in use.

Dell "preloads" the O/S onto their PCs before delivery and even though that software is unopened, the license most likely is active and not transferrable.

I don't think you ought to try to Ebay it... as that could get ya into some trouble possibly.

[ski]

Dell "preloads" the O/S onto their PCs before delivery and even though that software is unopened, the license most likely is active and not transferrable.

Is that only for XP Pro? My laptop came loaded with XP Home, I wiped it clean, then gave the unopened XP Home CD to my friend, and all is kosher, but who knows if they're using it or not (I ended up not using it)

I am planning to sell it with careful wording and such... buyer uses at their own risk, and if they want, they can use it as a drink coaster for all I care as long as they read the EULA and understand + accept the terms. Would that be a wiser thing to do? It's just sitting here all by its lonesome
Could I really get in trouble if I sell it given explicit terms that it falls on them to obey the EULA? This reminds me very much of "smoking accessories" -- it is legal to sell them, even though everyone knows you're just going to smoke marijuana with it. They're providing you a legal use (in my case, I could advertise it as a "novelty or collectors item", something you can use totally legally, like putting the XP CD in a time capsule or anything -- I know, who does time capsules anymore ), and if you get caught smoking weed with your bowl that they sold you, the store doesn't get in trouble; you do. Maybe I can say "for novelty purposes only, not for use on any computer but the one which is assigned to the license" ... who is to stop someone for using it for awesome, but I would then have sold it under legit terms as far as I know.

Pleeeease give feedback after seeing my point of view, I appreciate everyone's advice if they could give it. What would you do?

[DarkFury]

Ummm... but the question here is.... is that copy of XP Pro currently active on someone's computer? You have no way of knowing that... however when you try to "activate" it, Microsoft will know it... because most likely the configuration of the original PC and the one this copy will be loaded on are different... and that will throw up a red flag...

In your case, you never "activated" your copy of XP Home... or if you did, when you wiped it clean and passed on the "certificate" (the CD is inconsequental without the certificate), then you legally transferred it to your friend.

I still recommend that you don't sell it... but hey, you do what you gotta do...

[taseas]

Generally, the license is non-transferable when purchased from an OEM with a new PC. It it probably not legal at all for you to sell this copy.

When purchasing from an OEM you really aren't purchasing XP Pro to do with what you want, you are purchasing the rights to use it on that specific PC.

[Hiro]

I don't see a CD-Key on those pictures. Unless you took it off. And most Dell O/S CD's are marked as "Not For Resale."

[ribitch]

the cd key is more than likly attached to somebodyes system. You cannot install it without these key, and the CD is made to only boot a dell.

Additionally, ebay requires a CPU to be sold with OEM copies of software. You would have to give the buyer an old 386 or whatever you can find (cpu, not complete system) for cheap. Its not worth the hassle in my opinion

[Hiro]

the CD is made to only boot a dell.

I have booted and installed these Dell O/S discs on non-Dell systems. Owner wanted a new system and didn't go Dell, but wanted to use the same O/S. They worked fine.

[LPMiller]

They can, yeah, not always. Depends on if it's a true OS disc, or a restore CD. You can actually set those discs to install based on a ROM code. It's pretty cool actually. I had my hands on the package Microsoft gives to OEM's to create these CD's, as we got a bunch of them in the warehouse. But, it wasn't our shipment, and the UPS guy realized it just in time. Dammit. It's like the holy grail.

But you cannot sell it. It is licensed to a particular system, and the ebay police WILL shut down the auction.

[ski]

I'm dead scared of eBay anyway, so I'm not going to sell it.

I got a PM from someone though that still wants to buy it, but I might as well throw it out now

[Paymaster]

When purchasing from an OEM you really aren't purchasing XP Pro to do with what you want, you are purchasing the rights to use it on that specific PC.

Not only that, but if you transfer the PC, you have to wipe the OS. It's not only tied to a specific PC, but to the original purchaser of the package!

The benefit of this is that is allows OEM software to be sold much cheaper.

[ski]

Corsec told me that if I sold it, sell it under the condition that the CD-key is NOT included (even if by half chance it is in the package) -- this is ONLY a CD that can be used as a backup if you lost your Dell CD.

Does that sound reasonable to everyone? Please, dissenters, respond.

[DarkFury]

You truly are lookin' to make a "quick buck" here aren't cha?

[LPMiller]

Not only that, but if you transfer the PC, you have to wipe the OS. It's not only tied to a specific PC, but to the original purchaser of the package!

The benefit of this is that is allows OEM software to be sold much cheaper.

Uh, no. Otherwise resellers of used PC's would be royally screwed. Like me.

[Paymaster]

Uh, no. Otherwise resellers of used PC's would be royally screwed. Like me.

Whoops! You are right. Not sure where I saw that before... must have been some other OEM software.

From the XP eula:

You may permanently transfer all of your rights
under this EULA only as part of a permanent sale or transfer
of the COMPUTER, provided you retain no copies, if you
transfer the SOFTWARE (including all component parts, the
media, any upgrades, this EULA and the Certificate of
Authenticity), and the recipient agrees to the terms of this
EULA.

[ski]

You truly are lookin' to make a "quick buck" here aren't cha?

Yeah... I have to pay $2450 up front for rent in about two weeks, and I'm getting close

Like you said DF, "the CD is inconsequental without the certificate," if I stated enough precautions that this CD basically is for a buyer who has an XP Pro License but has lost their CD...? If one of you guys lost your XP Pro CD that came with your Dell, let's say, would you be able to load XP Pro on again if you had my extra CD (using your CD key/license)?

Am I making any ground here? I know placing those restrictions/conditions on the sale would narrow down the pool of people interested in buying it, versus saying "XP PRO UNOPENED FOR CHEAP"

I'm headed over to the For Sale/Trade forum if you think this is a kosher way to sell it, and by all the information I've gathered from you guys about the license, selling it under these terms sounds legit, even though chances are no one is in the market for a backup CD, and the license is the thing that costs money, the CD would be cheap. But it wouldn't hurt to just post it and see, just in case.

[WhiskeyPapa]

Don't throw it out. It has some value to a Dell owner who lost their original XP Pro install disk. But it's useless to anyone else, since the CD-key is no doubt on a sticker on the bottom of the original laptop.

[Hiro]

Don't throw it out. It has some value to a Dell owner who lost their original XP Pro install disk. But it's useless to anyone else, since the CD-key is no doubt on a sticker on the bottom of the original laptop.

That's why he can sell it as a replacement disc. No CD-Key is involved, and because Dell puts the CD-Keys on the systems themselves, he can just hand someone the disc and they can re-install using the sticker key on the system they own.

[DarkFury]

That's why he can sell it as a replacement disc. No CD-Key is involved, and because Dell puts the CD-Keys on the systems themselves, he can just hand someone the disc and they can re-install using the sticker key on the system they own.

What about the "Not for resale" clause... This still might get you into some trouble that you may not want to deal with.

Is it really worth the $5 - $10 profit?

[Hiro]

I don't see a CD-Key on those pictures. Unless you took it off. And most Dell O/S CD's are marked as "Not For Resale."

What about the "Not for resale" clause... This still might get you into some trouble that you may not want to deal with.

Is it really worth the $5 - $10 profit?

Most CD's do, I should have stated I wasn't 100% sure about the "Not For Resale" clause. Would have to ask SkiAtomic if it's printed on there anywhere.

[Merlin]

Go ahead and try to sell it. What's the worst that can happen? They stop the acction. What's the best that can happen? You make a few dollars. Lots of upside and minimal downside.