Ebay purchase legal?

Greetings - just saw an ad on ebay here

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I suppose I can guess the answer, but can this be legal? The software on offer is in the form of a download, which isn't mentioned anywhere.

John

Reply to
JIP
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JIP has written on 11/11/2011 11:17 AM:

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"This listing (180753251106) has been removed, or this item is not available."

Reply to
ES Champion

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Interesting that it's been removed - just after I told him I would be checking with Intuit if this could be legal. He was offering 2012 Home and Business for $44.99. The Ad said it was the full retail version, unused, unopened - but then gave a download link.

Reply to
JIP

It's already been taken down. The only legit sources of downloadable Quicken that I'm aware of are Amazon and Intuit.

Reply to
Robert Neville

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Who give's a rat's ass? Key is the PRICE and the probability (or not) that the copy bought will WORK on YOUR machine.

Reply to
Sharx3335

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It may not be important to you, but for me the legality is of equal importance to the price.

BUT - I have just had confirmation from Intuit that it was a legit download. So I got it for $44.99.

Reply to
JIP

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Definitely worth your follow-up!

I'm with you... There's something particularly low-life about stealing software.

Reply to
Uncal Bob

From: "Uncal Bob"

Reply to
David H. Lipman

"JIP" wrote in news: snipped-for-privacy@text.usenet.plus.net:

My understanding is that in the US the "first sale" doctrine provides that the exclusive rights conferred on copyright holder only extends to the first sale of a copy. However, in the 9th Circuit, in the "Autodesk" case the court held that a license agreement could prevent the resale of a copy of licensed software.

Note that in the US, courts have held that when software is loaded into computer RAM, that results in "fixing" a copy in a "tangible medium" and hence is subject to the exclusive rights of copyright act.

scott s. .

Reply to
scott s.

"Uncal Bob" >>> mentioned anywhere.

Yeah, right. I just can see all those software corps going into Chapter whatever it is. You EVER download free music or "free" video? Hypocrite!

Reply to
Sharx3335

They can parrot all the so-called rules they want--fact it, for the most part, they are totally unenforceable. An unenforceable law is NO LAW.

Reply to
Sharx3335

As a matter of fact, I haven't. Every music and video download I've done has either been an individual purchase or through a subscription service.

An other questions?

Reply to
Uncal Bob

That was supposed to be "Any other questions?"

Reply to
Uncal Bob

"JIP" wrote

Greetings - just saw an ad on ebay here

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I suppose I can guess the answer, but can this be legal? The software on offer is in the form of a download, which isn't mentioned anywhere.

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Here's a quote on the subject from an Intuit employee who was a manager in Quicken customer support at the time (back in 2008).

"I've been checking into this issue to learn how we distribute Quicken. Coming from the support side of things, I don't usually concern myself with how customers get our product. Intuit offers downloadable copies of Quicken via the Quicken.com site and through Digital River. Digital River then supplies the download to legitimate retailers such as Best Buy or other large retailers. Ebay's own listing policy prohibits offering downloadable software on Ebay unless the seller is the owner of the copyright on the software. If you see Quicken for download on Ebay, you are dealing with a seller that uses fraudulent business practices and is stealing Intuit's intellectual property. So, if you see a download of Quicken available anywhere other than

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or major retailers web sites, it is pirated software."

Since you now say that Intuit has declared the download legal, I'm curious about how they determined that. And whether Intuit has had a change of policy since 2008.

It appears that eBay still has their policy regarding who can sell downloads via eBay, since the listing for the download apparently quickly disappeared from their site.

Reply to
John Pollard

Somebody probably considers the terms of the marriage contract as unenforceable as well.

Reply to
Bob Wang

EVERY contract has a "price point"--that price at which it is NOT worth enforcing. It's up to Intuit to enforce its contracts, NOT Joe Blow on UseNet.

Reply to
Sharx3335

From: "Sharx3335"

It is up to each and everyone of us to act ethicallly and not support software piracy and itellectual property theft.

Reply to
David H. Lipman

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Afraid I can't answer anything about how Intuit has come to deciding that my download was legal - they just did! I gave them the download link and a screenshot of the Ebay advert, and the confirmation email I received when I placed the Order. And Intuit declared it as genuine.

The seller was a person who signed himself as an authorised Intuit redistributor. Doing a Google on his name shows someone of the same name as a senior manager within Intuit.

At the end of the day I have saved and printed the email from Intuit

Reply to
JIP

In my occupation I work with people convicted of thefts of various kinds. It's amazing how many of them presume that because they steal, so does everyone else. It's a neat bit of psychology to make it OK for them to carry on!

Reply to
JIP

Who made YOU God, buttwad? Sorry, but it is MY responsibility to look after MY interests and NOT those of giant corporations, unless, of course, I just happen to be a shareholder.

Reply to
Sharx3335

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