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Discussion Starter · #1 ·
Buyer Beware, Caveat Emptor.


Bought SystemWorks off eBay for $10. Got the following email today [2 weeks post-purchase]


The following listing:


xxxxxxxx - NORTON SYSTEM WORKS 2003 PRO+ANTI-VIRUS+GHOST


was removed because the intellectual property rights owner notified eBay that the listing potentially infringes its copyright, trademark or other rights. Due to this claim, and the fact that the feedback system is no longer available, we strongly urge you not to complete this transaction.


You can get more information on eBay's cooperation with intellectual property rights owners at: blah blah blah
 

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It's not clear from your post who "claimed" copyright/trademark rights. Was it Ebay, the seller (the person who put placed the listing on eBay), or Symantec?


I'm no lawyer, but last I heard it's not illegal to sell legit used copies of SW, as long as the seller relinquish all rights of ownership. Just like you can sell used books or (music) CDs....


Now if on the other hand Symantec claims the listing infringed on their trademarks, they might potientially have a case, but even then it's doubtful. There nothing that prevents someone from advertising something to the effect "I have a slightly used copy of Norton Systemworks 2003 (or book/music CD) for sale."
 

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"" because the intellectual property rights owner notified eBay that the listing potentially infringes its copyright, trademark or other rights. ""


Sounds like Symantec got in tocuh with the peeps at ebay to me ... and hence ebay contacted the buyer.
 

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Be careful buying SystemWorks PERIOD. I use AVG anti-virus (it's free too). Norton is a system resource hog. I tweak the PC myself - with the help of some great free software (some titles I have are in limbo):


Grisoft AVG 6.0 anti-virus (startup)

Privoxy web filter

Internet Explorer 6 Tools (startup)

SpyBot-Search & Destroy 1.2

SpywareBlaster v2.5.2

Spyware Guard

MRU-Blaster

Cookie-Blaster v1.01

IE Temporary Internet File Cleaner

Lavasoft Ad-Aware 6.181

Cookies Manager 1.1

AnalogX CookieWall v1.01

Popup Manager

ToniArts EasyCleaner 1.7.4.162

Registrar Lite - v 2.00

X-Setup 6.3

Lockergnome tips

Batchrun 4.1

SAFE MODE

DELTEMP.BAT

DELRECY.BAT

jv16 PowerTools

ZoneAlarm

NetLeech

7-Zip

AceFTP

AceHTML

HTML-Kit

Notepad - also for reliable HTML editing


Also - OpenOffice 1.1 is a free and more efficient alternative to MS Office (can't afford the frequent Pro version upgrades). I've used Excel and Word extensively for years - I like OpenOffice MUCH better (still can read/create/edit ANY Office files too)! :D


I wouldn't use Norton even if it were free... I was a fan a few years back till it crashed my system on updating and wouldn't uninstall (till I hunted out some hidden Registry keys). ;)
 

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RayL Jr. wrote:
Quote:
Also - OpenOffice 1.1 is a free and more efficient alternative to MS Office (can't afford the frequent Pro version upgrades). I've used Excel and Word extensively for years - I like OpenOffice MUCH better (still can read/create/edit ANY Office files too)!
I wish that OpenOffice was interchangeable with MS Office. Alas, when you are using advanced features it is not. Those of us who do JP1 programming of our remotes (something I highly recommend) use a sophisticated Excel spreadsheet to create codes for the remote. It requires Analysis Toolpak to operate--no dice with OpenOffice (or with MS Office X for the Mac for that matter).


Of course, the problem here is that MS Office is fubar. Not even supporting transport from PC to Mac is ridiculous. Yet, I had to point out that the generally superior OpenOffice suite isn't necessarilly a working alternative for some MS Office tasks.
 

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Quote:
Originally posted by acourvil
There's a lot of counterfeit product on ebay. If the deal sounds too good to be true, it probably is.
Thats for sure, I purchased several DVD movies from a E-Bay seller and thought I got a hell of a deal. However when they arrived I found they were pirated copies and crapy copies at that. The only thing I could do was report the seller and toss the crappy DVDs in the trash.
 

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Quote:
Originally posted by richierich
Of course, the problem here is that MS Office is fubar.
Whew - richierich - I thought you were talking about Foobar audio - till I looked up what it meant... ;)
 

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Discussion Starter · #9 ·
SOCAL-HTPC is right - I bid, paid for, and received Systemworks over eBay cuz I'm a cheap guy, then eBay contacted me and warned me not to complete the txn b/c Symantec notified them about issues.


I haven't had time to install it yet, so I hope it works. Hmmm - got the backup s/w in house, but haven't actually installed it or used one of my spare HDs to backup my OSs. Isn't this right about when one of my HTPCs should die?


Here's hoping poetic justice and karma are just a bunch of letters.
 

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These kinds of issues really chap my hide. Looks like Symantec is trying to strong arm eBay as an "illegitimate" venue to sell used Symantec software, just like the way RIAA/recording industry did with brick-and-mortar record shops selling used CD's.


If the SW sold on eBay were pirated copies, yes Symantec would be correct in going after those folks, and those folks only. But to put a cease and desist order on eBay for selling legitimate used SW it sounds like Symantec is no better than the mob....


I guess Symantec never heard of "doctrine of first sale."
 

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Ebay is notorious for "believing" companies who claim that auctions are for pirated software. Essentially there is NO verification of the claims -- it isn't innocent until proven guilty or even guilty until proven innocent, it is just guilty as charged with no recourse.
 

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eBay is a GREAT place to get software and hardware - if the seller is really legit. e.g.: Microsoft Windows XP Professional Edition Full Retail Version (CD only) was $129.95 "Buy It Now", beating handily any deals from Yahoo or Pricewatch... Retailer was a reputable online/brick & mortar seller.


I like to get "Full Retail" of anything if I can (unless I just need some software upgrades). Here's an example right now - "Buy It Now" Full OEM version for $127.50.


PS - Darn, hyperlinks just do not work. Did a search on eBay: Windows XP Pro Full Retail - $149.00 for the Full BOX version. Not bad! :D
 

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Yes, Ebay uses a "shoot first, ask questions later" tactic when dealing with software. A few years back, I sold a used copy of AutoCAD on Ebay. It included all the registration material, manuals, boxes COA and CDs. I even took pictures of everything. Before the auction ended, I was notified by Ebay that my post was removed for “investigationâ€. I was also emailed a letter by a legal firm representing AutoDesk. It explained how piracy was illegal and that I was selling illegal software on the internet. Immediately, I had a good friend of mine, who’s an attorney, write a nasty note explaining the law they violated by insinuating that I was a criminal. I never received a response, but I sold the package on Ebay without further complications.
 

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Quote:
Originally posted by RayL Jr.
eBay is a GREAT place to get software and hardware - if the seller is really legit. e.g.: Microsoft Windows XP Professional Edition Full Retail Version (CD only) was $129.95 "Buy It Now", beating handily any deals from Yahoo or Pricewatch... Retailer was a reputable online/brick & mortar seller.


I like to get "Full Retail" of anything if I can (unless I just need some software upgrades). Here's an example right now - "Buy It Now" Full OEM version for $127.50 - http://cgi.*********/ws/eBayISAPI.dl...category=41888


PS - Full Retail Box XP Pro


DARN - links just will not work - copy/paste in front of http with 2 slashes in front:


cgi.*********/ws/eBayISAPI.dll?ViewItem&item=3655813548&category=41888
Even some of the "legit" software has strings attached. Most is sold for "educational use only" and purchased at a fraction of the retail price. Also, Microsoft employees are allowed to purchase software at an incredible discount. The only difference between it and the retail version is the "Microsoft Employee Store" sticker on the box. It’s Funny how a blow dryer removes the sticker so easily. :)


Albeit, it all works the same…
 

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OregonLAN, I reason the pirates are also using the "selling used version" excuse too. But if you have the proper "CD Key" and a used version of the genuine real thing... Maybe the pirates are trying to do the "SAME" thing.


It's cheaper for me to take a course at the local college and get AutoCAD student version for a song... ;)
 

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If you have 'computer shows' in your city (the kind at local convention centers of hotels), the dealers will often have legitimate copies of Systemworks and other "OEM" programs at very good prices. IVB, this will certainly work for you. Well, it might be $20 or $25, not $10 though.
 

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Actually you can pick up norton systemworks pro, norton internet security 2003 and NAV 2003 all for around $10 a piece, probably less in large quantities. All perfectly legal 1-year Subscription OEM Versions. According to the License Agreement w/ Symantec, as with most OEM software, you are not supposed to sell it unless it is bundled with a PC.
 
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