Apple OS X License Agreement and eBay

[Buzzworms]

Hi all.

I bought an iBook via an eBay auctiion from 2nd Turn/Dealtree Inc. (a regular eBay seller). The auction stated a "Mac operating system" was included in the sale (installed by previous owner) but no software would be provided. I only recently learned that this sort of sale not only violates eBay's stated policy but Apple's License agreement as well. I went to Apple's legal page and found provisions related to "TRANSFER" below. I assume I'm correct here but welcome comment. I've reported this seeming violation to eBay and contacted Dealtree customer service. We'll see what happens...


3. Transfer. You may not rent, lease, lend, redistribute or sublicense the Apple Software. You may, however, make a one-time permanent transfer of all of your license rights to the Apple Software (in its original form as provided by Apple) to another party, provided that: (a) the transfer must include all of the Apple Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Apple Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Apple Software reads and agrees to accept the terms and conditions of this License. You may not rent, lease, lend, redistribute, sublicense or transfer any Apple Software that has been modified or replaced under Section 2B above. All components of the Apple Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications.

 

[crazzyeddie]

I don't understand what your end-game is here... You got an iBook with an OS installed but without original media, and the seller told you that. It seems perfectly fine, unless the OS included wasn't the one that came with that computer.

Just because it violates Apple's EULA doesn't really mean laws are being broken.

 

[Buzzworms]

The end game is to get the seller to cough up OS X software per eBay policy. Either it's a rule or it's not. I don't believe one can list a Mac here w/ an OS installed w/out providing the software. I don't have the previous owner's OS X Tiger password, so I'm stuck until I buy an OS . If I get them to comply w/ existing eBay & Apple rules and pay for it, why not?

 

[CWallace]

With respect, since the seller noted there was no physical media coming, you should have performed your due diligence prior to bidding, not after completing the transaction.

 

[crazzyeddie]

Yeah.. sorry to say, but its completely your fault. The seller clearly stated the media was not included (it was probably lost), so you knew about it.

Also, eBay doesn't have to abide by Apple's EULA. You have no recourse here.

 

[UltraNEO*]

The auction stated a "Mac operating system" was included in the sale (installed by previous owner) but no software would be provided.

Ahh, because the seller already stated what will be and won't be included in the auction. And since no disks were provided, there's been no transfer. He/she hasn't falsely advertised, either.

The end game is to get the seller to cough up OS X software per eBay policy. Either it's a rule or it's not. I don't believe one can list a Mac here w/ an OS installed w/out providing the software. I don't have the previous owner's OS X Tiger password, so I'm stuck until I buy an OS . If I get them to comply w/ existing eBay & Apple rules and pay for it, why not?

I think your making a mountain outta molehil. If you weren't happy with the auction's terms and conditions set by the seller, why bid on it?

You can, ofcourse try your case but I'm doubtful you'll get anywhere because you agree to bid on the auction after you've read it's listing.

Perhaps, if it's really ticking you off!
You can return the whole package for a full refund?

 

[MacDawg]

It appears as though you are the one trying to change the rules... not the seller. A little late in the game for that.

Avatar looks good UltraNEO*

Woof, Woof - Dawg

 

[Buzzworms]

Had it been a FRESH install of Tiger (I thought it would be), and I could establish myself as administrator, I wouldn't be bitching. As for changing the rules afterward, well a policy previously existed, just not enforced by eBay. Oh well...

 

[ajjmcd]

Apple OS X License Agreement and eBay

Whilst watching eBay recently I have noted that several vendors of Apple hardware have been contacted by eBay to remind them of the rules regarding 'sale' of software. If the hardware includes an OS, it cannot include a fresh installation without the original distribution discs being included as well.

Technically, if a software vendor has a EULA that establishes a series of expectations about the use of software, then laws are established by the acceptance of the EULA. If you are taken to court for misuse of software, and the court issues a ruling against the you as the user, a precedent is set whether the user sees fit to accept the judgment or not.

If hardware is sold on eBay it should have unmodified contents (for the purpose of the sale), or if a fresh installation has been created, then the discs that created that installation should be included, because to use the machine the license for the software has to be accepted during the installation process!

Sorry for the long sentence!

Personally, I don't believe vendors should be selling hardware without the installation discs, irrespective of what the contents of the hard drive are. The discs belong to the hardware. If the abuse of OS software on Macs is taken advantage of, then sooner or later Apple will start handing out licence keys just like Microsoft have done for decades and the freedoms we enjoy will be lost.

So for the most part I side with Buzzworms on the principle, but you read the ad., and bid anyway, which loses you points on the sympathy vote......

Have a great week one and all!