Is this wrong?

Discussion in 'Buying Tips and Advice' started by Bubba22, Jun 21, 2009.

  1. Bubba22 macrumors newbie

    Joined:
    Aug 8, 2008
    Location:
    Ottawa
    #1
    Is it wrong for me to sell somebody else my education discount? I already bought my computer for school last year and figure why let my education discount go to waste. Both parties come out ahead (I make money, the buyer gets a computer cheaper + a free ipod). Does Apple/the law frown upon this kind of activity?
     
  2. miles01110 macrumors Core

    miles01110

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    #2
    You're not authorized to resell according to the terms of the EULA...
     
  3. mgridgaway macrumors 6502

    mgridgaway

    Joined:
    Feb 25, 2006
    #3
    Is it wrong that Apple sells mostly underwhelming/aging hardware at a premium?

    It's technically illegal, but it's not like you'll ever be found out and go to Apple prison.
     
  4. DoFoT9 macrumors P6

    DoFoT9

    Joined:
    Jun 11, 2007
    Location:
    Singapore
    #4
    yup they would frown on it, can they stop you?? not really.. do what you feel like doing i guess.

    omg can u imagine how good that would be!?!?!? *dreams* :rolleyes:
     
  5. emoore macrumors regular

    Joined:
    Aug 27, 2003
    #5
    No it is not wrong any products that Apple sells. Just because you think the harding is outdated doesn't give you the right to break the law. That law is the law.
     
  6. mgridgaway macrumors 6502

    mgridgaway

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    #6
    Heh. Everybody breaks the law. Corporations are just better at it because they have accountants.
     
  7. zorahk macrumors 6502

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    North Korea
  8. Bubba22 thread starter macrumors newbie

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    Aug 8, 2008
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    #8
    hahaha, well that swayed it for me
     
  9. old-wiz macrumors G3

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    Mar 26, 2008
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    West Suburban Boston Ma
    #9
    I don't think reselling your Mac would be an issue under EULA, but there might be something separate from the EULA about it.
     
  10. slu macrumors 68000

    slu

    Joined:
    Sep 15, 2004
    Location:
    Buffalo
    #10
    What the OP wants to do is not against the law.

    OP, go ahead. You both win.
     
  11. Demosthenes X macrumors 68000

    Demosthenes X

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    Oct 21, 2008
    #11
    I am staggered by the number of people on this forum that think the EULA is a law. :rolleyes:
     
  12. old-wiz macrumors G3

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    West Suburban Boston Ma
    #12
    Never ceases to amaze me either. EULA is a contract, and violating it is not illegal, but a breach of contract which can be actionable in civil court, not criminal court.
     
  13. weckart macrumors 68040

    Joined:
    Nov 7, 2004
    #13
    A EULA is a contract, and as such, a legally binding document. Breach of such is, of course, illegal.

    Depending upon the nature of the contract, redress can be sought in both civil and criminal courts.
     
  14. zorahk macrumors 6502

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    North Korea
    #14
    Except for the part where an EULA has never been tested in a court.

    The precedent doesn't exist, and you could probably fight it
     
  15. old-wiz macrumors G3

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    Mar 26, 2008
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    West Suburban Boston Ma
    #15
    Maybe we need a discussion on the proper use of "illegal", or a proper definition on using the term. Violating an EULA is not the same as going into a store and stealing something. In the case of the EULA, you can only be in trouble if some lawyer decided to take you to civil court. in the case of stealing, the police and the DA can toss you in jail.
     
  16. Machinima macrumors newbie

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    Jun 22, 2009
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    California
    #16
    No its not, an EULA isn't a legally binding contract because your signature isn't on it, and it would be a joke if a company tried to enforce it in a court of law, plus most of them are too long and use overly technical language which the common consumer can't be expected to understand and therefore it's void through proxy. However it could be used as evidence.

    Psystar showed this by bypassing the EULA and installing OS X on PC's, then reselling them, and Apple were unable to enforce the EULA.
     
  17. andiwm2003 macrumors 601

    andiwm2003

    Joined:
    Mar 29, 2004
    Location:
    Boston, MA
    #17
    if you sell your edu discount, how would that work?

    i'm asking because my GF is in higher education and we want to use her edu discount to buy a MBP for us.

    However I want to pay from my credit card and I want the reciept and apple care in my name. How can that be done?
     
  18. Sun Baked macrumors G5

    Sun Baked

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    May 19, 2002
    #18
    Watch out for Apple Karma, it'll come back to bite you in the ass -- and when you turn around to find out what bit you, it'll take a huge bite out of your front side. :eek: :eek:
     
  19. palane macrumors member

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    Jan 13, 2009
    #19
    And you can see where that got them. Apple sued to enforce and Psystar when down the Psytubes.

    BB
     
  20. windywoo macrumors 6502a

    windywoo

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    May 24, 2009
    #20
    Yeah Apple beat them by bankrupting them in legal fees. The case didn't even get heard, so nothing was challenged. Nice legal system there.
     
  21. Tallest Skil macrumors P6

    Tallest Skil

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    #21
    Doing nothing for your argument (as has already been stated). Apple hasn't sued the German or Russian resellers. If the EULA is enforceable, tell us why this hasn't happened.
     
  22. palane macrumors member

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    Jan 13, 2009
    #22
    You're incorrect. The argument made by the poster was that an EULA can't be enforced. Apple sued to enforce the EULA amongst other matters. The fact that Psytar made no contingency plans for legal action doesn't change the facts. Enforcement methods vary. One of the MMP sites (Final Fantasy) goes after user accounts and illegally gotten booty.

    Back to the OP. Yes, you can probably get away with it. It's a mild abuse of the system, though not one that is going to be noticed. I would say buyer beware, however. If something goes wrong with said MacBook, reselling it might make getting warranty service difficult. If I were your buyer, I'd go the refurb route. Similar price break, but no worries.

    I'm not coming down hard on the OP. While I think buying an MB just to resell it isn't kosher, I wouldn't have a problem with someone reselling their iPod that gets bundled in a Back to School promotion (or the free printer).

    BB
     
  23. ski2moro macrumors 6502

    Joined:
    May 3, 2007
    #23
    The first time I brought a Windows user to the Apple Store with me, the sales person knew that I had the Education Discount and asked me if I wanted to allow my friend to use the discount.

    My friend purchased an iMac and Apple Care using my discount.

    The other person paid by her credit card. The Apple employee asked for my ID and proof of employment to secure the discount.

    I was told that as long as I didn't purchase more than my limit per year, it would be no problem.
     
  24. Tallest Skil macrumors P6

    Tallest Skil

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    #24
    You don't understand my point: Psystar's contingency plan was to GET to court. Apple's case would have been thrown out at that point because it can't hold up in court. The fact that they ran out of money before they got to court is secondary.
     
  25. palane macrumors member

    Joined:
    Jan 13, 2009
    #25
    Fair enough. If Apple's claim was as weak as you think, the legal process would have gone differently. The strengths and weaknesses of this case, however, are well beyond this discussion and have been hashed out ad nauseum. It would have been interesting to see the case play out.

    I think you've missed my main point, though. An EULA is a civil contract and hence it's enforced in a civil (heh) manner. The other case I mentioned (suspension of accounts in an MMP game) is another example of how an EULA can be enforced.

    BB
     

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