I heard this on the local readio this morning. Apparently Microsoft is suing a Kent State student for buying the “student discounted” software and reselling it on Ebay.
Now, if he did this with hundreds of copies (I’m pretty sure he can only get one), that’s one thing. However, if he did this with one copy, this is bullshit. I don’t care what and damn EULA says. The doctrine of first sale applies. It’s his copy. He bought it. He can resell it.
Hell, if I get an OEM version with a new harddrive, can I sell it on Ebay, along with that hard drive? You bet your ass I can.
Here’s where the monoply tax kicks in. Even if this guy was 100% within his rights and everyone knew that, he’ll still lose. Microsoft can afford 4 layers. He as an average person cannot.
Update: Here’s the story at Ohio.com. Free registration is required. BugMeNot is your friend.