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sean1988
Posts: 15
Location: Brisbane, Queensland
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guys, a few weeks ago i came here in regards to offloading some computer gear from an ex business.
i have sold bits and pieces here and there but still have the majority of goods left. multiple retailers will take on the remainder of goods over the next week however i would prefer to sell it simply in one go, and preferably this weekend. the items are listed below: http://img291.imageshack.us/img291/8285/68868785.jpg Price: will sell the lot from $1,200 min (max $2,000). pickup is brisbane north side, or can be delivered. |
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| #0 06:13pm 29/08/09 |
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system
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TiT
Posts: 2416
Location: Brisbane, Queensland
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mmm would mind 1 computer and steering wheel, but i dont have room for the rest :(
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| #1 06:45pm 29/08/09 |
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whoop
Posts: 14460
Location: Brisbane, Queensland
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Pray MS don't find out about you selling OEM copies of their software or they'll rape you
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| #2 06:55pm 29/08/09 |
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HERMITech
Posts: 6300
Location: Brisbane, Queensland
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What sort of steering wheel?
Logitech have several And +1 on being raped for selling OEM unless your an authorised distributor |
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| #3 09:09pm 29/08/09 |
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eightyeight
Posts: 1145
Location: Brisbane, Queensland
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how much for a few of those pc's only? no extras just the towers?
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| #4 10:08pm 29/08/09 |
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kos
Posts: 1391
Location: Melbourne, Victoria
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Pray MS don't find out about you selling OEM copies of their software or they'll rape you I don't know... if he actually managed to sell the 40 copies of Works 2003 he'd probably be the top OEM seller in the country for that product... |
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| #5 03:06am 30/08/09 |
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trog
AGN Admin
Posts: 27685
Location: Brisbane, Queensland
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Pray MS don't find out about you selling OEM copies of their software or they'll rape youHow so? I would have thought the only thing they could do is just cut him off from being an OEM reseller, assuming he is a real one. |
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| #6 03:40am 30/08/09 |
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Tollaz0r!
Posts: 9866
Location: Brisbane, Queensland
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You know $1,200 isn't a super amount of money.
Your local school would LOVE getting all that as a donation. They could do more with that then $1,200 could for you. 18 Computers and monitors would be excellent, 30 mice/keyboard's would also be excellent as those tend to be replaced a little too often. Think about it at least. It'll give you a warm fuzzy feeling ... and maybe a plaque from the school. |
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| #7 07:14am 30/08/09 |
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sLiNky
Posts: 1179
Location: Brisbane, Queensland
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^^ thats actually not such a bad idea. If I had the money I would buy them and then just donate. Maybe QGL should start up a pay pal page, ask for donations and buy them? f*** that would be super and good PR.
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| #8 01:29pm 30/08/09 |
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Dodgymon
Posts: 1439
Location: Brisbane, Queensland
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I would definitely be keen to take all that gear off your hands for $1200
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| #9 04:08pm 30/08/09 |
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sean1988
Posts: 17
Location: Brisbane, Queensland
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pm sent
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| #10 04:28pm 30/08/09 |
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whoop
Posts: 14464
Location: Brisbane, Queensland
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How so? I would have thought the only thing they could do is just cut him off from being an OEM reseller, assuming he is a real one. Not sure if it's been updated but you're only meant to sell OEM software with a non-peripheral pieces of hardware or full computer system. click. Considering how strict MS is with distribution of their service packs & patches I'm guessing they would frown on anyone just flogging off OEM copies of anything to joe average and if there's more OEM copies than PC's that he's selling, clearly that software isn't intended to be bundled with those PC's and is probably in violation of their distribution policy. I can't find the source on MS's website but I saw it somewhere on there when I went looking for the XP distribution/EULA thing. MS's site search sux balls. |
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| #11 04:30pm 30/08/09 |
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Hogfather
Posts: 3557
Location: Cairns, Queensland
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Has anyone ever been successfully prosecuted in Australia for a breach?
Now IANAL but my understanding of common law is that this sort of thing isn't illegal in au until it's been tested in the courts. |
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| #12 05:22pm 30/08/09 |
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whoop
Posts: 14468
Location: Brisbane, Queensland
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You do anal? how much do you charge?
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| #13 06:35pm 30/08/09 |
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Kat
Posts: 11161
Location:
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HP{ scanner- how much?
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| #14 06:55pm 30/08/09 |
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trog
AGN Admin
Posts: 27690
Location: Brisbane, Queensland
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Yeh, I got the impression this is 2nd hand stuff or something though, right? In which case right of first sale applies, I would assume. MS can stop retailers selling you OEM copies under certain conditions by threatening to take away their ability to get OEM copies to sell, but AFAIK there's nothing they can do to stop you taking that OEM copy and selling it again. Well, they try to with their EULA, but AFAIK it's never been tested in the courts that it is effective - if you buy a copy of Windows, you should be able to sell it to someone if you're genuinely no longer using it again. |
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| #15 01:58am 31/08/09 |
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sean1988
Posts: 18
Location: Brisbane, Queensland
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no reply from Dodgymon, still available
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| #16 08:27am 31/08/09 |
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giririsss
Posts: 3247
Location: Brisbane, Queensland
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Now IANAL but my understanding of common law is that this sort of thing isn't illegal in au until it's been tested in the courts. Nope, just because it hasn't been done in the courst doesn't mean it's legal. While australia does practice common law, written law (wrong term for it, but can't think of it atm) stands above it, thats the explicitly stated stuff, such as copy right. Yeh, I got the impression this is 2nd hand stuff or something though, right? In which case right of first sale applies, I would assume. MS can stop retailers selling you OEM copies under certain conditions by threatening to take away their ability to get OEM copies to sell, but AFAIK there's nothing they can do to stop you taking that OEM copy and selling it again. Well, they try to with their EULA, but AFAIK it's never been tested in the courts that it is effective - if you buy a copy of Windows, you should be able to sell it to someone if you're genuinely no longer using it again. I think he'd be breaching copyright, technically, the license of OEM software states that it belongs to the piece of manufacturers equipment that it was sold with. Personally i think thats bogus, you bought the software you should get to use it on any subsequent machine you want, but that's not the license agreement that you signed up to. |
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| #17 09:01am 31/08/09 |
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Denny
Posts: 3315
Location: Brisbane, Queensland
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The interplay between court decisions and legislation is more complex than that. The court's interpretation of legislation (i.e. the decisions of higher courts like the High Court and State Supreme Courts) ARE the law until the legislation is ammended.
So if there has been cases on a point of copyright law then the decision of the court is the law as it will be applied in Australia. |
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| #18 09:32am 31/08/09 |
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Pinky
Posts: 2261
Location: Melbourne, Victoria
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Personally i think thats bogus, you bought the software you should get to use it on any subsequent machine you want, but that's not the license agreement that you signed up to. In exchange for the limited license the consumer gets a cheaper price - if you want a full license, buy the boxed product. It's just a classic case of people that bake their cake and want to eat it too. |
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| #19 09:37am 31/08/09 |
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`ViPER`
Posts: 1465
Location: Brisbane, Queensland
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the license of OEM software states that it belongs to the piece of manufacturers equipment that it was sold with. Theres nothing stopping him selling the physical copy's, cause he owns them, he can do whatever he wants with them, but its whether or not microsoft recognise the new owner of the physical product as actualy owning a licence for microsoft software. Microsoft dont realy police the OEM thing to much, most people know how easy it is to ring microsoft to re-activate OEM software. |
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| #20 09:39am 31/08/09 |
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giririsss
Posts: 3248
Location: Brisbane, Queensland
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Theres nothing stopping him selling the physical copy's, cause he owns them, he can do whatever he wants with them, but its whether or not microsoft recognise the new owner of the physical product as actualy owning a licence for microsoft software. Microsoft dont realy police the OEM thing to much, most people know how easy it is to ring microsoft to re-activate OEM software. If you mean selling it as a CD, no there isn't, if you mean selling it as in selling a legitimate copy of the product with the license (which is what most people would buy it for [ok, maybe not so much this case]) so that you can go off and use it and it be legal, then yes there is alot stopping it. Mainly, he doesn't have a license to on sell. |
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| #21 10:07am 31/08/09 |
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ShOdDy
Posts: 86
Location: Brisbane, Queensland
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Pm sent! write back.
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| #22 11:31am 31/08/09 |
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sean1988
Posts: 22
Location: Brisbane, Queensland
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http://cgi.ebay.com.au/ws/eBayISAPI.dll?ViewItem&item=300356625951&ssPageName=STRK:MESELX:IT
taken to the bay for anyone interested |
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| #23 10:25pm 13/10/09 |
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hardware
Posts: 5811
Location: Brisbane, Queensland
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wow you had P4 2.4's running for six months and you didn't offload them then? thats like 6 years ago!
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| #24 10:44pm 13/10/09 |
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koopz
Posts: 8093
Location: New Zealand
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shoddah!!
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| #25 11:12pm 13/10/09 |
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BigZub
Posts: 5022
Location: Brisbane, Queensland
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give you $30 for one of those comps
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| #26 01:21am 14/10/09 |
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skythra
Posts: 1501
Location: Brisbane, Queensland
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should have set up a paypal donation scheme to donate them to a school once you hit that $1200 target. I think a lot more people wouldn't want the junk but would be pretty happy to chip in $50 to a school they know. Well probably 24 of them.
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| #27 09:17am 14/10/09 |
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system
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