I have been selling software & other items on eBay for approximately 7 years, and Amazon.com for 5 years.Since I was just suspended for vero crap, I thought I would make some good out of my forced hiatus and guide the members of this forum on dodging a vero bullet in software. Note that this guide assumes LEGIT SOFTWARE is being sold. Please do NOT post pirated goods on eBay. You end up pretending they are legit because of eBay regulations, buyers get upset, report you to BSA (Business software alliance, a industry anti-piracy group) and the software manufacturer, and then companies like Microsoft cook up statistics like "90% of software offered on internet auctions is unlicensed".
ALSO NOTE: There is currently a case pending against Autodesk in Federal court for their abusive practices on eBay. Regardless of what the decision is, it will affect the validity of the info in this guide. Until that time, however, this is good info. When I write this guide, I am not implying, for example, that Autodesk's VeRO policies are right or legal......I am just saying that if you want to avoid a fight, listen up. Most of the tactics practiced by these companies are dubious or downright illegal, but they have a lot of lawyers and can make life miserable for people who want to fight a takedown.
PART ONE: MANUFACTURERS THAT ARE NO-NO! YOU TAKE YOUR CHANCES WITH THESE GUYS:
This is a imcomplete list, but pay attention to:
Novell: do not sell their software. A company corrupted by lawyers who will seemingly randomly have your listings pulled.
Computer Associates: Do not sell open-box items. Sealed boxes are A-ok. This company makes the ludicrous claim that its license forbids the resale of opened software, while conveniently ignoring the fact that a reseller does not install the software or read the license, and is therefore not bound by it. You will likely face a lawsuit or a demand for settlement if you get caught selling open-box stuff.
Autodesk: Same as Computer Associates, and in some cases even worse. Open box software
can land you in hot water, but if the box is undamaged and closed, Autodesk will usually assume it is a sealed box and leave you alone. However, when the buyer tries to register used Autodesk software (activation & registration are compulsory), they will come back to you with steam coming out of their mouth, because Autodesk will refuse to transfer the license.
Their licenses also have several other ridiculous clauses, but they are not important to eBay. Do not EVER sell Autodesk software that doesn't come with a box. Loose discs will get Autodesk on your back, with threats of legal action and a demand for possibly several grand as a settlement. Here's another whopper: If you buy Autodesk software from a company that goes bankrupt, Autodesk will claim that the bankruptcy invalidates the license (!). They have a clause in their EULA pertaining to this.
Mathematica, MathCAD: do NOT sell these items, especially the academic versions. VeRO pulldowns are seemingly random affairs with these boneheads. They claim that their "license" forbids the unauthorized sale of academic software, and sometimes used software. You may or may not be OK with brand new, non-academic versions.
BRANDS THAT ARE OK TO LIST, BUT TAKE CARE:
MICROSOFT: Do not list used OEM software. This is a big pet peeve of Microsoft's. New OEM is sometimes OK, but can get you in trouble too. Older stuff, like Windows 98SE, seems easier to sell in new OEM variety. Try not to list newer product lines in OEM variety, IE, XP products and 2003 products. A slight tweak in the license for these items has given Microsoft more confidence to bully sellers.
Do not list branded software....ie.....stuff marked "for distribution with a new DELL PC only" (instead of just "for distribution with a new PC only". Do NOT list recovery discs of any kind, ie, like the 30 Dell Windows XP recovery discs I have (sucks, I know). Do NOT list World Wide Fulfillment (WWE/WWF) software. This will be marked "unlicensed software...illegal without separate license from MS". It may also have weird hologram/silkscreen patterns or might be marked "student media" or "work at home media". Do NOT list software marked NOT FOR OEM OR RETAIL DISTRIBUTION". If you have a paper license for these items, you can list, but do not take a picture of the disc surface. Do NOT list MSDN software separately from the rest of the MSDN collection....ie, you have a MSDN collection and you take it apart and sell the various discs as individual products.
Another interesting tidbit for you vintage software sellers: do NOT list Office 97 without all the material....box, COA, books. There is a cottage industry around finding ways to avoid saying "Office 97" anywhere in the description, or using a "Office 97" image. I created several descriptions and composite images that were stolen by other sellers, and you can still see them around eBay. Do NOT list OEM Office 97, unless you have created one of the afore-mentioned evasive descriptions. Microsoft claims Office 97 was the most pirated Office ever, and the sketchy quality control employed in disc manufacturing (especially the silkscreening) means that you will NOT win a fight on this issue. Practically every run of Office 97 had a slightly different silkscreen texture and pattern than the one before it.
If you have retail software from Microsoft, anything goes....box, no box, CD key scribbled on the disc...they generally don't care. They usually won't care about NFR (not for resale) items either, as long as they are not shown a picture of the box front with the NFR label on it. The dopes at Microsoft will not usually decipher the box COA label, so it's safe to include a picture of that.
ADOBE: These guys lost a court battle or two, so they seem to be generally easy-going. It also helps that their product line is not as diverse or tiered as Microsoft's. I don't remember ever having an auction pulled by Adobe. Don't list the stuff marked "for bundles only". I've never seen a listing pulled for that, but this guide is about being under the radar, not sticking the gun in your mouth and waiting for someone to pull the trigger. If you must list this stuff, do not take a picture of the disc. On these items, the case will be identical to normal retail products; the disc has a large message on it. Better to take chances with a buyer than with VeRO...if they're unhappy, refund money.
Now, with Adobe, you will be constantly pestered by idiot buyers who are seemingly more interested in transferring the license in their name than using the software. It's a fairly complicated process that requires that 1) the software is already in YOUR name (unlikely, hey you picked this photoshop up at a garage sale right?) or 2) you have a license transfer form that is completely filled out on the seller's half (when you buy the software, ask the seller to fill out his half, and you leave your half blank for the future buyer). This only applies, obviously, if the software is already registered in someone's name.
If you don't want to deal with it, just say "I do not know if the software is registered, and cannot help with the transfer process". Most people who ask usually don't bid, anyway, no matter the answer. If you have sealed, boxed software from Adobe, you are a lucky person who will probably make a good deal of money
Their upgrade policy keeps values up on even pretty old software (Photoshop 6 & 7, for example). Be sure to list the part number or take a photo of the label on the box....people will pester you for it otherwise. (assuming you have a sealed retail boxed copy)
ADDED: MACROMEDIA: They are now part of Adobe, and the same rules apply. However, do NOT sell used version 8 or 2004 MX applications unless you supervise the deactivation process. These items require deactivation and license transfer from the original buyer's computer, so unless you can supervise that in person, my advice, DON'T DO IT. I was screwed once when I bought a Studio MX 2004 that had not been deactivated. If I remember correctly, Macromedia MX products do not require activation and are A-OK to sell used or new.
ADDED: CHIEF ARCHITECT, SPECIALTY HOME DESIGN SOFTWARE: OK to sell either used or new as long as software includes USB dongle and you provide notice in the auction that you will complete the license transfer process and pay the $50 fee.
ADDED: STUFF LIKE 3DS MAX, MAYA, ALIAS: All this stuff, including older versions, are now owned by Autodesk & the same rules apply. Autodesk seems to own half the cad/3d design stuff out there now. Do not sell used stuff, license is not transferrable (well, actually, Autodesk WON'T transfer it), so even if you manage to slip in under the radar, the buyer will come after you.
ADDED: E-ON SOFTWARE (MAKERS OF VUE D'ESPRIT CG SOFTWARE): They seem to be OK, have never seen an auction pulled. Vue 6.x includes activation, so I am not sure how that will work when reselling.
ADDED: AUTODESSYS (MAKERS OF FORM-Z): I sold one of their software products once, make sure dongle is included and their products usually have 2 or 3 different serial numbers. You should be a-OK with these guys.
ADDED: INTUIT (QUICKBOOKS): recommend not selling used items UNLESS you have all personal info of previous buyer. New stuff is OK. I wouldn't say VeRO is the problem....they will leave you alone, but their products have registration and activation, and you need the original buyer's personal info to transfer to a new buyer. If you don't have this stuff for a used product, it's basically useless.
I think I've covered some good material here. If I missed something and you've got a question, do ask it in this thread so it helps other members too.
check out my listing peep! 
WORKAROUND FOR VERO?? >Ebay VERO items--Try with a 10% Charity Donation?? 
Slaps self on wrist. try looking at the correct item next time.
