Selling software on Ebay, yay or nay?

[J1mgg]

I was wondering if it is okay to sell driver packages on ebay.

I have just had a nightmare getting an old laptop up and running again as having to use the internet to find drivers, and alot of the drivers are no longer listed on the manufacturers website for certain things.

I have access to these archived drivers for a certain model that is used widely by large companies across here and are being sold off by a 3rd party company.

So is this a no no on ebay?

Thanks

Jim

[oompaloompa]

this is digitally delivered, right? that could be a problem, you might have to word auction correctly, also maybe the rights owner could object?

are others selling them? if there are people selling them, it is not a certainty that you can, as they may be authorised, but it gives you clues....

so based on those pointers, you tell us, after you have done your research..

[NoneOther]

Originally Posted by J1mgg

I was wondering if it is okay to sell driver packages on ebay.

I have just had a nightmare getting an old laptop up and running again as having to use the internet to find drivers, and alot of the drivers are no longer listed on the manufacturers website for certain things.

I have access to these archived drivers for a certain model that is used widely by large companies across here and are being sold off by a 3rd party company.

So is this a no no on ebay?

Thanks

Jim

My guess is that it would not be okay.

Even though the drivers may not be readily available from the manufacturers website or other download sites does not mean that they are still not covered by Intellectual Property and/or copyright.

Selling them by digital download would not get e/b's approval nor would supplying them on a cd (copyright breach)

Leave well alone would be my advice.

[unkown5454]

NoneOther has it right. You're making profit on someone else's products you have no licensing or reseller rights to. No telling how long you would last, but I highly doubt you're the first one to try it and you will get slammed at some point.

[J1mgg]

Cheers guys.

Just running through ideas to get me up and running. It was also a major pain in the arse to get one driver to get the integrated 3g working, searched for a good few hours on and off and finally found it and that's when I thought about the disc. At least I found out before getting a notch on a new account.

[ovidiu]

Actually, I've seen these driver compilation listings. I don't think there is any particular VERO thing to be worried about, actually. What I would be worried about is that the profit margin is small, the demand small, and potential buyers are annoyed by the hundreds of spam listings you will need to put up.

[NoneOther]

Of course it's a ve ro issue. You are selling somebody else's product without consent.

Just because you've seen them being sold does not make it right or legal to do so.

[ovidiu]

Well let's face it. You guys are usually pretty freaked out about any vero issue. But we are talking about archived drivers that the company probably doesn't care at all about and is not going to embark on some crusade for. It is vero, and it isn't, because anyone buying/downloading the drivers is already a customer because they have the hardware.

If you have a legal basis beyond "You are selling somebody else's product without consent", please advise. It's not that cut & dried, at least over here in the US. I am not basing my view merely on "other people selling them".

My main concern is that it's mostly a waste of time, from my perspective. But I *could* be wrong, I grant you that.

[unkown5454]

Please enlighten us with the law that says if a company's software is "old", a person can redistribute it for their own profit.

[NoneOther]

The fact that the end user owns the hardware/product does not give a 3rd party the right to sell or resell someone else's intellectual property. Being archived does not alter their copyright status.

E.G. Selling digital copies of a recording artists deleted album or an archived comic book would still be copyright breach.

[ovidiu]

Actually, I asked for your legal basis for your position, not vague "you don't own it so you can't sell it" type stuff. Let's not forget that the company gave the driver packages away for free to all its hardware users in the first place.

Please enlighten us with the law that says if a company's software is "old", a person can redistribute it for their own profit.

In the US, it's called the First Sale Doctrine, which allows the resale of basically anything. And I've sold software online and offline for over 8 years, so I know a little something about it.

[NoneOther]

It's the company's to do with as they please, they can give it away for free if they like but they still own the rights and can protect those rights when ever they choose. That's a legal basis.

Having no license to distribute or resell a product. That's a legal basis.

First Sale Doctrine does not apply in the UK where the OP is based so your comments are not relevant to UK law and the consequences that he might face if the rights owner decided to sue.

[ovidiu]

That's a little better. Nevertheless, I still stand by my position. I don't think the company's going to do anything. Check out all the driver compilation listings on eBay UK:

driver disc | eBay

Somehow, I doubt all those companies are in a panic that someone is selling collections of their drivers, and suing left & right.

[NoneOther]

Whether they are or not does not make it legal or morally correct to do so.

[ovidiu]

Wait, why I am even bothering? You guys probably think you can't resell copies of MS Office just because Microsoft didn't give you a big certificate to hang on your wall, too. There's nothing admirable about naked fear of that which isn't really so big & bad.

[Sneakee]

To be fair, the op didn't say anything about anyone having to follow in his footsteps. He's evaluating the laws on this subject in the form of talking to people on forums.

I don't know about this "digital" transfer stuff. Never went that route. But I did sell a few Adobes with no problems. I even called Adobe and asked if it was ok.

Maybe the op can call and ask?

[NoneOther]

Good post.

That's the whole point really.

Selling one or two pieces of software that you legally owned and purchased is unlikely to draw the attention of the rights owner and seeking their advice was the correct thing to do.

However selling multiple digital 'copies' or facilitating multiple downloads of their software without prior agreement or license is a breach of copyright and is clearly profiteering from their product.

[Sneakee]

Wait, this guy is making copies of a software? So basically he would have an unlimited supply.

[NoneOther]

Pretty much.

His intention as I read it was to download hard to find drivers or purchase these from a 3rd party (not to clear from the original post) and resell them on e/b.

[GreenBean]

To be a saint takes years of research on the subject.

Making decisions on a person based on a few words on an online forum does not count.

If a post offends report it. Dont flame.

Is that understood? I'm sure it is.

[ovidiu]

Thanks GreenBean I'm not exactly sure why it devolved into some pi$$ing match

[GreenBean]

OP is in a tricky place.

He's endeavouring to start out again as a stealth seller.
Kudos to him for researching items that might sell and allow his new account to mature..
Better to check B4 listing than coming back to the forum as a victim with a generic suspension.

Is the item worthwhile to sell? (Remotely) possibly so.
Danger is its description as a driver associated with a branded company.
Is listing an opening for a takedown? Again possibly so.

Conclusion ('cos my coffee is going cold ) look for another item.