Giving Community CDs in an eBay Sale?

petermakosch · Post by **petermakosch** » Wed May 31, 2006 8:50 am

Hello!
I have decided to sell my complete works of MSTS on eBay, however I have a couple of community CDs that I would like to include. As I won't have MSTS anymore then the CDs would just be wasted, but I do stress that I am not selling the commnuity CDs alone - I will also stress this in the sale.

I know this is a sticky subject but I was just wondering what other people's views on it are - especially from Matt and the CD authors.

The complete list of what I will be selling is as follows:

Genuine Software:
MSTS - First generation version (means you can play without the CD!)
London - Brighton
Euro Loco
TGV Route

Community CDs to be given away with the deal:
Mideast UK v1
Thames Mersy
North West England v2
Paddington - Penzance

I woudl apreciate any help on this matter.
Thank You,
Peter

Fodda · Post by **Fodda** » Wed May 31, 2006 10:23 am

Sounds OK to me, but then I don't have anything in that bundle.

saddletank · Post by **saddletank** » Wed May 31, 2006 10:27 am

Peter, sorry but NONE of your commercial CDs may be sold on, and you should contact each community route author individually and ask permission to pass on their CDs, I suspect some will say NO others would be OK about it.

Remember when you bought the software you bought a licence to use it, nothing more. You can give the CDs away but not sell them, that's breach of copyright.

This is a very very thorny subject and as you know there are dozens of posts on this site attacking people who sell MSTS add-ons on e-Bay. Basically it's a very bad thing to do and will upset many people.

My advice, and the short answer to your question is - don't sell anything.

However on the bright side of things you did do the right thing to ask here first.

Martin
Member of the UKTS Moderation Team

allypally · Post by **allypally** » Wed May 31, 2006 10:46 am

Go ahead and sell the commercial stuff no problems! What I woould do if I was desperate to get rid of my community CDs, which I'm not, would be to contact each other, and ask permission to sell them with the proceeds going to a suitable charity.

Post by **NeutronIC** » Wed May 31, 2006 4:44 pm

Go ahead and sell the commercial stuff no problems!

Strictly speaking, following the letter of the EULA's, you'll find most products don't permit you to resell actually

Matt.

allypally · Post by **allypally** » Wed May 31, 2006 5:56 pm

Yeah, but strictly speaking it's never actually stopped anyone I don't think? I certainly can't think of a precedent when it's been actually prevented - shops like Game do a roaring business in preowned items!

jp4712 · Post by **jp4712** » Wed May 31, 2006 6:24 pm

If it's part of the package, it's not free.

Paul

jbilton · Post by **jbilton** » Wed May 31, 2006 6:51 pm

jp4712 wrote:If it's part of the package, it's not free.

Paul

Hi Paul

Now when I say that...I get told off....

Cheers
Jon

petermakosch · Post by **petermakosch** » Wed May 31, 2006 6:55 pm

Hmm, i'll have a think.
I just don't warrent the case to simply throw them away - but i can't see the point in me spending money to post them all to someone for free - Maybe i could sell my licence?

The other way to do it is just include the community anyway and don't advertise that they are part of the deal, but i wouldn't want to do this either! Agh! lol.

But thank you for your comments.
I shall give an email to as many people as I can and see what they think on the view - as I might be selling my RailDriver to, but again, unsure on anything.

Thanks again,
Peter

mjspeed · Post by **mjspeed** » Wed May 31, 2006 8:36 pm

Do you have enough feedback on eBay to sell with a 'Buy it Now' option? That way, you can dictate the price.

Alternatively, find a suitable forum here, and post that you have items for sale (if thats allowed)

Post by **codrivermike** » Wed May 31, 2006 11:04 pm

There is currently a thread in train-sim.com regarding a seller on the American ebay site. He is selling new, unopened MSTS discs but is offering as a bonus a second disc containing freeware routes and stock.

http://cgi.ebay.com/Train-Simulator-Add ... dZViewItem

Now some of the stock are NALW locomotives and there are some serious copyright issues at stake. I would suggest having a look at the ebay advertisement and at train-sim.com to see the stir it has caused.

Michael

petethetim · Post by **petethetim** » Wed May 31, 2006 11:26 pm

I agree regards EULA You only have to look at the GAME Stores they are not allowed to sell 2nd hand Games for PC ,you don't only buy the game but a non transferable licence to use it.

Saying that I have purchased loads of PC Software from EBAY which was described as Pre-owned ( let's face it most folk have)

Cheers
Peter

By The way codrivermike You Have a PM

jbilton · Post by **jbilton** » Thu Jun 01, 2006 1:30 am

a former user wrote:I agree regards EULA You only have to look at the GAME Stores they are not allowed to sell 2nd hand Games for PC ,you don't only buy the game but a non transferable licence to use it.

Saying that I have purchased loads of PC Software from EBAY which was described as Pre-owned ( let's face it most folk have)

Cheers
Peter

By The way codrivermike You Have a PM

Hi Pete
I'm not sure whether it is just they cannot be bothered to test install CDs.
Cheers
Jon

petethetim · Post by **petethetim** » Thu Jun 01, 2006 5:28 am

jbilton wrote:
a former user wrote:I agree regards EULA You only have to look at the GAME Stores they are not allowed to sell 2nd hand Games for PC ,you don't only buy the game but a non transferable licence to use it.

Saying that I have purchased loads of PC Software from EBAY which was described as Pre-owned ( let's face it most folk have)

Cheers
Peter

Hi Pete
I'm not sure whether it is just they cannot be bothered to test install CDs.
Cheers
Jon

That could be the case Jon but I was given the EULA reason When I questioned the fact that they had Second Hand Games for Every platform except PC

Oh BY the Way Jon You have a PM

Post by **NeutronIC** » Thu Jun 01, 2006 7:25 am

but I was given the EULA reason

In the case of GAME, I think that in actual fact the reason is because PC games are so easy to copy and/or install and then crack so they don't need the CD that far too many people were installing the game and then returning it that they dropped their 10 day no-quibble return policy on PC games. The EULA is just a really good scapegoat in this case

Matt.