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Law Educator, Esq.
Law Educator, Esq., Attorney
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If I buy a product and then decide that I want to separate

Customer Question

If I buy a product and then decide that I want to separate the different parts of the product and sell them separate, is this illegal? I am referring to OEM software. If a builder of computer systems packages OEM software (like Microsoft Office) with a computer and I buy it, isn't this product now mine as much as if I would buy a dining room set. Can I now, if my computer gets damaged, or I don't use my computer anymore,separate the parts. Can't I sell my OEM software apart from the computer. Especially if the agreement of keeping the products together are between Microsoft and the builder. Specifically what law binds me to the agreement between Microsoft and the builder when I buy the product?

Below is the answer I got and am not satisfied with.

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State/Country relating to question: Illinois

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Expert
   You have received an Answer!
From PaulMJDTuesday, July 06, 2010 5:50 PM EST
No the agreements on the software also contain a prohibition on resale and they also state the licenses are restricted to the computers to which they were issued. When you purchased the computer that came with the software you agreed to this software agreement by using the software on the computer, even though the initial contract is between MS and the computer builder.


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N Cal Attorney agrees with this Expert (7/8/2010 at 5:41 AM)

   
   You repliedWednesday, July 07, 2010 8:56 PM EST
Is there a law that makes me binding in the contract between the builder and MS just by purchasing the computer system?

   
Expert
   You have received an Answer!
From PaulMJDWednesday, July 07, 2010 9:10 PM EST
Yes, the licensing agreement which applies when you purchase the computer with the software installed binds you through the computer company to the software company. This is under the Digital Millennium Copyright Act.



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Use of this service does not create any attorney client relationship. Any information provided is not the practice of law but intended to direct you in finding an attorney in your locale.
   
   You repliedWednesday, July 07, 2010 10:20 PM EST
Below is a link to the Digitial Millinium Copyright Act



http://thomas.loc.gov/cgi-bin/query/z?c105:H.R.2281.ENR:



I did not find anything that suggests that I am binded by the contract between MS and the builder. Can you give me the section I can look?

   
Expert
   You have received an Answer!
From PaulMJDThursday, July 08, 2010 8:03 AM EST
No, I meant the contract that comes with the computer when you buy it makes this a violation of the DMCA, it is a balance between the copyright law and contract law and principles. Again, have you actually read the licensing contract? The software that comes pre-installed is proprietary to that machine and in buying the machine, you have agreed to this and that is how they apply the contract to you, by tacit agreement in purchasing the machine. Even if you remove the software from your computer and never open the shrinkwrap on the software, the label on the software that states "Not for resale, for distribution with XYZ Computer Only" is what prohibits it. Just like when you are given a sample of a medication or other samples and it is marked "Not for resale"



--------------------------------------------------------------------------------
Use of this service does not create any attorney client relationship. Any information provided is not the practice of law but intended to direct you in finding an attorney in your locale.
   
   You repliedWednesday, July 14, 2010 3:39 PM EST
Relist: Answer quality.
Edit




If I buy a product and then decide that I want to separate the different parts of the product and sell them separate, is this illegal? I am referring to OEM software. If a builder of computer systems packages OEM software (like Microsoft Office) with a computer and I buy it, isn't this product now mine as much as if I would buy a dining room set. Can I now, if my computer gets damaged, or I don't use my computer anymore,separate the parts. Can't I sell my OEM software apart from the computer. Especially if the agreement of keeping the products together are between Microsoft and the builder.
Submitted: 4 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 4 years ago.
No the agreements on the software also contain a prohibition on resale and they also state the licenses are restricted to the computers to which they were issued. When you purchased the computer that came with the software you agreed to this software agreement by using the software on the computer, even though the initial contract is between MS and the computer builder.


I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer (EVEN IF YOU ARE A SUBSCRIPTION MEMBER). This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

PLEASE NOTE WELL: IF YOU CLICK OPT OUT I CANNOT REPLY TO YOUR FOLLOW UP QUESTIONS AND YOU MAY NEVER GET ANY REPLY OR IT WILL DELAY MY ABILITY TO REPLY TO YOU. Also, if you use RELIST, I MAY NOT SEE YOUR RESPONSE AND IT WILL DELAY YOUR REPLY.

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”

YOU CAN ALSO GO TO http://www.justanswer.com/lp/19qy-PaulMJD and request me.

Customer: replied 4 years ago.

Is there a law that makes me binding in the contract between the builder and MS just by purchasing the computer system?

Expert:  Law Educator, Esq. replied 4 years ago.
Yes, the licensing agreement which applies when you purchase the computer with the software installed binds you through the computer company to the software company. This is under the Digital Millennium Copyright Act.
Customer: replied 4 years ago.

Below is a link to the Digitial Millinium Copyright Act

 

http://thomas.loc.gov/cgi-bin/query/z?c105:H.R.2281.ENR:

 

I did not find anything that suggests that I am binded by the contract between MS and the builder. Can you give me the section I can look?

Expert:  Law Educator, Esq. replied 4 years ago.
No, I meant the contract that comes with the computer when you buy it makes this a violation of the DMCA, it is a balance between the copyright law and contract law and principles. Again, have you actually read the licensing contract? The software that comes pre-installed is proprietary to that machine and in buying the machine, you have agreed to this and that is how they apply the contract to you, by tacit agreement in purchasing the machine. Even if you remove the software from your computer and never open the shrinkwrap on the software, the label on the software that states "Not for resale, for distribution with XYZ Computer Only" is what prohibits it. Just like when you are given a sample of a medication or other samples and it is marked "Not for resale"
Customer: replied 4 years ago.
Relist: Answer quality.
Customer: replied 4 years ago.
Relist: Incomplete answer.
Customer: replied 4 years ago.

I want to know the specific law that applies to the above.

Expert:  Law Educator, Esq. replied 4 years ago.
You have been told that the contract agreement and the DCMA is the "specific law that applies" now, if you choose to do this and you are sued, you will suffer the consequences for the breach of that agreement and the software violations and it would also be under the Digital Millenium Copyright Act, which IS THE LAW that makes these software contracts apply to you.

I am going to now opt out and maybe someone else will assist you with some different information telling you just what you want to hear.

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