IP: Microsoft and eBay--partners in intimidation?

[Dave Farber <farber () cis upenn edu>]

> Date: Fri, 03 Dec 1999 17:33:11 -0700
> To: farber () cis upenn edu
> From: "David M. Rose" <drose () azstarnet com>
> Subject: Microsoft and eBay--partners in intimidation?
>
> Hello Dave,
>
> Recently, I bought 3 Compaq Professional Workstations, which came with
> Microsoft Windows NT 4.0 Workstation on 3 CD-ROMs and were accompanied by 3
> engraved hologram-bedizened Certificates of Authenticity.
>
> Since I plan on running these units under Linux and never using Win NT on
> them, I put the Win NT OSs up for auction on eBay.
>
> After a couple of days, eBay cancelled the auction, citing Microsoft's
> instructions to them to disallow all "fraudulent" auctions. eBay, further,
> cancelled all of my other auctions for computer parts. Note that I run
> these auctions as a hobby: I'd imagine that those whose families depended
> on eBay for their livelihoods would be infinitely more discomfited.
>
> Who is, in your opinion, in the right? If you pay for a license, I guess
> that it can never be transferred, per MS and eBay. This POV, in my opinion,
> would come as a great shock to restaurateurs, whose liquor licenses form,
> in many cases, a significant part of their assets. Ditto with NYC cab
> drivers, where the licenses to pick up passengers (AKA medallions) have
> bankable worth.
>
> I would welcome all thoughts, pro and con, as to whether a bought and paid
> for license is worth what was paid for it or, in fact, has been declared
> worthless due to a corporate decree and a weak-kneed response from a
> leading auction house. What I was taught at the Harvard B-School tells me
> that my rights are inviolate, however, I'm not an intellectual property guru.
>
> Finally, hasn't billg realized that his bullying tactics have run their
> course--heh, good while they lasted.
>
> Thanks,
>
> David M. Rose
> drose () azstarnet com