Microsoft DSP is illegal, to be sold in this way

[anerstemens 10]

Hey guys, and admin I have brought this up before but, there are still many of these being sold if it is in the add it`s on black and white but I still think loads of these are being sold without anyone even knowing, here are links of DSP versions of Microsoft that are currently being sold:

 

 

Operating systems - Microsoft Windows 7 Home Basic 32Bit English DVD DSP 3 Pk for sale in Pretoria / Tshwane (ID:29306557)

Operating systems - Microsoft Windows 7 Home Prem 32Bit English DVD DSP 1 Pk for sale in Pretoria / Tshwane (ID:29306558)

Operating systems - Microsoft Windows 7 Pro 32Bit English DVD DSP 1 Pk for sale in Pretoria / Tshwane (ID:29306559)

Operating systems - Microsoft Windows 7 Ultimate 32Bit English DVD DSP 1 Pk for sale in Pretoria / Tshwane (ID:29306560)

MS Office - Microsoft Office Home Student 2007 DSP 1 Pk for sale in Pretoria / Tshwane (ID:29306561)

MS Office - Microsoft Office Basic 2007 Win32 DSP 1 Pk for sale in Pretoria / Tshwane (ID:29306562)

MS Office - Microsoft Office SB 2007 Win32 DSP 1 Pk for sale in Pretoria / Tshwane (ID:29306563)

MS Office - Microsoft Office Pro 2007 Win32 DSP 1 Pk for sale in Pretoria / Tshwane (ID:29306564)

MS Office - Microsoft Office Pro 2007 Win32 DSP 1 Pk for sale in Pretoria / Tshwane (ID:29306564)

 

And about 10 more

 

The 2 sellers are:

smf777

cheapgadgets

 

 

 

1) DSP/OEM is for sale with new computers only - the hardware specifically includes motherboard, CPU, hard drive and case (thus selling with a modem for instance is not legal)

2) The buyers are not informed of the proper licence requirements which should be in the add

3) DSP lives and dies with the PC it is on.

5) there are other limits on DSP licensing, if you buy a "naked PC" you have 90 days to purchase a DSP licence, You can also purchase the licence from any dealer but they should ask you to produce the hardware receipt to prove it's not gone over the time period, otherwise you have to go retail version.

 

OK got a response from MS SA referring to the System Builder Agreement

 

 

SB Agreement states:

 

• (Paragraph 1) “A “fully assembled computer system” means a computer system consisting of at least a central processing unit, a motherboard, a hard drive (internally mounted (Solid State) NAND and/or internally mounted revolving magnetic-based hard drive), a power supply, and a case.”

 

• (Paragraph 4.1) “We grant you a nonexclusive right to distribute an individual software license only with a fully assembled computer system.”

 

• (Paragraph 6) “When you distribute an individual software license for a desktop operating system or application software, you must preinstall it on the fully assembled computer system’s hard drive using the OEM Preinstallation Kit (“OPK”) provided in this package or otherwise made available by us.”

 

On the upgrade question, it is considered a new machine when you replace most of your core components, even if it stays in the same case. Things like upgrading your RAM or Graphics card will not be considered core components.

 

Last word: these guys have made loads of money out of DSP and OEM versions of software,

 

Anerstemens:evil::evil:

[anerstemens 10]

Other Business, Farming & Industry - Microsoft® Windows 7 Starter Edition - DSP Software, DVD Pack - 32Bit Desktop License for sale in Port Elizabeth (ID:28123327)

[anerstemens 10]

Still open after I reported ,.......

[lilythepink 11]

Item still open! anerstemens did you report to CW? If not, please do so.

[anerstemens 10]

I did report ,..... don`t know why still open I can`t report all of them I work occasionally to . lol

[qball 12]

Thank you for reporting this. Unfortunately we cannot always immediately respond to such issues due to other priorities, nor can we monitor 500 000 products daily. We have asked Microsoft to assist us with this, we should have an answer next week. Please bear with us.

 

Thank you.

[RAJRULES1 10]

I recently received an email from a seller in CHINA who is offering these for +- 54 to 82 dollars.

[anerstemens 10]

I can do dsp`s for cheaper than that they are "spot goedkoop" but the point is it`s not legal

I recently received an email from a seller in CHINA who is offering these for +- 54 to 82 dollars.

[anerstemens 10]

Any news on this topic since dsp`s are sold every Wednesday and Friday on R 1.00 auctions???

[qball 12]

The contact at Microsoft was away and returned to SA last week, we are busy discussing options with Microsoft's attorney's, Bowman Gilfillan.

[anerstemens 10]

Business & Productivity - OFFICE 2003 PRO DSP for sale in Johannesburg (ID:31452666)

[anerstemens 10]

6 dsp`s on this one:

Items for sale from digitalSAonline on bidorbuy.co.za

[softwaredude 10]

I created a thread regarding retail software being sold way under the title "Office 2010 Professional - A legal copy will cost over R3000.00"

 

GBall, the guy at Microsoft handling these issues on BOB has actually actually taken up a new position and Microsoft is now going to employ someone to take on this responsibility and I will be informed when this happens. Too be quite honest, they have so many cases to handle anyway and besides it will be very difficult for them to police software sellers on BOB.

 

Counterfeiters are quite easily identified though. For one, no overseas concern must be allowed to sell Microsoft software in South Africa if they do not actually have an office or presence in South Africa. Microsoft clearly states that that no cross border selling is allowed as different price bands apply to different countries.

 

As a reseller myself and with all due respect to BOB, I am reluctant to sell my products here for the following reasons.

1. I cannot list the same product as a counterfeiter selling it for 3 times less than what I pay for it legally. They even claim legitimacy by posting COA labels (This means nothing, anyone can download hacked product keys off the NET)

2. As a reputable business there is a risk that my business will be classed in the same category as these "unscrupulous operators" just because I am selling on BOB.

 

At the end of the day, consumers need to be protected and ultimately BOB needs to put these checks in place. Yes I hear that BOB has a lot of products to police and understand the logistics behind this, however when people start to realise that they are being ripped of by sellers on BOB they will stop buying. It only takes a few spot checks and I am sure other legit software resellers would only be too glad to assist to get rid of these people!

 

If I offended anyone with my statements, so be it, but something needs to be done soon as this thread is 3 months old and these rouges are still allowed to sell on BOB.

 

GBall, maybe you want to report this to the BSA as well.You may get better results. I know I do.

[Cheetah10 10]

And I assume this also applies to Photoshop CS5 being sold for R1,000 or less...... The new Legit item normally sells for in excess of R9,000.......??

[Howard Neill 10]

This all tell me one thing. "..... different price bands apply to different countries..... " is a polite way of saying that we pay more than those in the US. Am I right?

[wayjen 10]

This all tell me one thing. "..... different price bands apply to different countries..... " is a polite way of saying that we pay more than those in the US. Am I right?

 

makes you wonder who the real crooks are.

[qball 12]

Thank you for your post. Whilst we agree with many of your sentiments and comments, it is unfortunately more difficult than you can imagine to police or monitor these items, considering we have over 3500 categories and millions of different products listed monthly, it is impossible to enforce or monitor all the time or do spot checks. Ultimately the seller is responsible for what they list and the new consumer protection act will apply to the individuals listing the items. Just as Microsoft SA have difficulty in doing this, so do we, but we will continue to work with Microsoft to try to minimise this. I must add that it is not bidorbuy's responsibility to put checks in place nor to do spot checks, no site can do this, due to the nature of our business, geographical, logistical and financial reasons limit what we can do. We also have to wait for Microsoft to investigate and confirm that these items are in fact illegal/counterfeit, this cannot always be determined simply by looking at a listing! If Microsoft confirm we can take further steps against the seller.

 

We have contacted BSA on many occasions and have had very little joy from them, that is why we deal directly with Micorsoft and SAFACT.

 

Please continue report suspect items to communitywatch@bidorbuy.co.za for investigation.

 

Thank you

Cuan

[softwaredude 10]

Cheetah10 - You could buy legal Adobe Photoshop CS5 for Windows Retail Package for about R6000 ex VAT. (If you are paying over 9k, you are paying too much! An upgrade from a previous version (if you supply proof) will cost you about R1700.00 ex VAT. But yes you are correct at R1000.00 that is just not right!

 

Howard, the short answer is No for Microsoft products (but in reality sometimes, Yes). Microsoft considers SA as a development country and gives us discounted Dollar pricing. Unfortunately our Rand is very weak and it does not always help much that we do get better pricing, Right now with the current strength of the rand, you are able to purchase MS product cheaper locally than directly off the NET from Microsoft. Pricing that you see from Dealers in the US should be in line with our own and not differ extremely. If they do, be careful. Saying this, other Publishers do offer cheaper pricing in the US than what you would get from local distribution channel. There are a few reasons for this, one being delivery/logistics.If you are only buying the license and downloading the software, it is a good option, but check for local resellers who buy and supply direct from these Publishers as they get discounts and should be passing them on to you as incentive not to buy directly from the Publisher. One such example is AVG Anti Virus. You can get it off the NET for less than local channel supply unless you purchase from a reseller that is registered directly with AVG and not through local channel.

 

I have also compared SA's Microsoft product costs to that of the UK and other Euro countries, we do get a better $ price from Microsoft than what they do, however when our lovely Rand drops against the Dollar the European countries can offer the same product cheaper as their currency remains strong. Right now we are not to bad off with the current strength of the Rand.

 

If you are looking looking at purchasing software and want the correct advise without any obligation Ask SAM

[softwaredude 10]

Gball, thanks for the explanation, I hear you!

 

Wayjen, please refer to my last post. I hope it explains things a bit better. A very important point to note is just because someone deems software prices to be high, does not entitle anyone to infringe copyright or intellectual property rights.

 

Regards