Legality of selling used software in NZ

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Richard7666

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#64353 13-Jul-2010 23:13

Just out of interest, as many people do this, is it legal to resell software here? Also, it would seem reselling games is tolerated, but reselling, say, Windows XP, would less likely be?

If for instance the EULA for Modern Warfare specifies it may not be resold, is this invalidated by any consumer laws?

Because you see it being sold on Trademe, in EB games, the local paper etc etc

vinnieg

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#351225 14-Jul-2010 08:50

It'd be legal if it's a full retail copy

Technically not illegal to resell OEM software but against the EULA, you could however bundle it with a dvd-rom reader/writer and say you are selling it with hardware...or sell it with an old 386 :)

I have moved across the ditch. Now residing in Melbourne as a VOIP/Video Technical Trainer/Engineer.

vinnieg

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#351226 14-Jul-2010 08:51

You can resell MW2, just not the Steam copy if you purchased and downloaded it online, it won't let you apparently

I sold my PS3 MW2 and almost got as much as I paid for it, 6 months later!

I have moved across the ditch. Now residing in Melbourne as a VOIP/Video Technical Trainer/Engineer.

freitasm

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#351233 14-Jul-2010 09:03

Also would be illegal if you buy the software, install it then sell it again without stop using it for yourself.

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Richard7666

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#352455 16-Jul-2010 20:18

Thanks guys. What's the actual legislation that posits this though? Also what if an EULA explicitly states software may not be resold? Obviously this would void any guarantees/support obligations that go with the software, but is the actual "you may not resell" clause moot under NZ law, as it's a contractual obligation on the part of the consumer? (obviously it'd be different if the EULA/contract was between companies right)

This is all assuming the software has been used and the seller isn't selling for commercial gain btw