Defending The Net

Receiving Stolen Goods Online?

Written by Defending The Net Contributing Author: Darren W. Miller

News Letter
Article ID: 1542
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Bootleg Software & Illegal Software

Whose Software Is It Anyway?

I wrote a short article some time ago called "Before You Purchase That New Software Online" that talks about the perils and pitfalls of online software purchases (bootleg software & illegal software). Just last week, I received and e-mail thread from a close friend regarding an online purchase that apparently involved the re-sale of illegally obtained software. My friend has been in the technology services and products re-sale business for a long time and he realized pretty early on that something was not quite right? 

bootleg software and illegal software picture

He shared the entire e-mail thread of this problem with me on Friday. After reading it, I thought it would be interesting to share his experience with others. The names of the innocent and the "potentially guilty" parties have been changed. But this e-mail thread is real, not fiction. The thread starts shortly after the product was ordered and my friend had made an inquiry about not receiving the software after a few weeks.


Will The Real Guilty Party Please Stand Up

 ----- Original Message -----
From: Customer
To: Vendor
Sent: Thursday, June 02, 2005 10:18 AM
Subject: Question for Order ####

Dear Vendor,

"Vendor Contact", I am curious to know who you shipped the product through and if you have a tracking number for the package?


-----Original Message-----
From: Vendor
Sent: Thursday, June 02, 2005 6:33 PM
To: Customer
Cc: Vendor Contact
Subject: Re:
Question for Order ####

Hello Customer

I do not understand what is happening to your packages. I will send out another tomorrow priority mail with tracking and I will send you the tracking number tomorrow.

Thank you and sorry for all the problems
Vendor Contact


 ----- Original Message -----
From: Customer
To: Vendor
Sent: Friday, June 03, 2005 12:51 AM
Subject:
Question for Order ####

Vendor Contact,

There is a problem with the software I purchase from you. When I try to register, I receive a message telling me the serial number has already been registered…I assume by someone else… While this may not be perceived as being a problem to you, it is to me for two reasons:

# 1 I am averse to using bootlegged and/or illegal software;

# 2 I typically like to receive support and/or updates typically offered to those who are registered legitimately.

Please see the attached file to see the message I received when I tried to register. Please advise what you plan on doing to rectify this situation.

Regards,

Customer


-----Original Message-----
From: Vendor
Sent: Friday, June 03, 2005 5:27 AM
To: Customer
Subject: Re: Question for Order ####

Hello Customer....It is not bootleg software...it is OEM software and OEM software usually does not come with support. Most of the people who buy OEM software usually do not care about the support. But I understand if it is something you need. I will refund your money and when you get a chance please send it back to me...I will send you a couple extra dollars for your return shipping.
Let me know if this is ok for you?

Vendor Contact


-----Original Message-----
From: Customer
Sent: Friday, June 03, 2005 8:38 AM
To: Vendor
Subject: Question for Order ####
Importance: High

Hello Vendor Contact…. I appreciate your explanation pertaining to the difference between OEM and bootleg software, as well as your very interesting proposition to resolve this problem. As you well know, regardless of whether software is OEM, bootleg, or purchased off the shelf at a store, it can be “duplicated” with relative ease these days. I think you missed my point: the “serial number” was used by someone else before the software arrived in my mailbox. I don’t know by whom, when, where, or even why; but this isn’t what I expected as a customer of Vendor. No matter how you argue your position, the bottom line is that what we have here is no different than burglarizing someone’s home, then taking the “property” they stole and selling it at a pawn shop or on the street at a price that is significantly less than its actual market value at the time of sale.


Moving on, I am less concerned with “support” as I am with my inability to benefit from downloading and applying updates/patches "Product Vendor" may release from time to time to resolve conflicts, compatibility issues, security issues, etc. Take a moment to step out of your shoes and into mine as a “customer.” I wouldn’t have gone through the process of finding the software I bought from you through "online store" had I not had a reason for doing so. I bought the software to use it and benefit fully from each and every feature the company who developed it offer to all their customers, both retail and OEM.

I own my own IT business and know a lot more than your average customer. I also know that the software on the CD you sent can easily be installed and / or copied (not that this is the case.......) to another PC or form of media without any effect to the media on which the software is contained – except for that little thing called “registration….…” Hence, while this may not be a “bootlegged” copy, it certainly falls well within the confines of “pirated” software, which I imagine the Business Software Alliance would be interested in knowing about.

The last thing I expected as a response was an offer to be refunded. Here’s what I am looking for, Vendor Contact. I want a “legitimate” copy with a fresh/unused serial number without my having to go through the inconvenience of investing more time and money to get the software I received back to you… All things considered, wouldn’t you think it would make more sense to ship a replacement copy with a fresh/unused serial number first? If that doesn’t work, perhaps you can at least front the $16.90 + to me through account, which is what I did in advance of receiving the software you mailed to me from "location".


Hello Customer..

Please give me a call at XXX-XXX-XXXX, or forward me your phone number and I will call you.

Thank you
Vendor Contact


Conclusion

Shortly after receiving the last e-mail from the the vendor, about calling him, my friend did indeed make the call. The vendor offered to send him new media and a total refund. The vendor stated "he" was concerned that his source for the software was making duplicates and selling him pirated software. Apparently, the vendor was very upset and nervous about the whole situation. At this point, it is not clear whether the vendor or the vendors vendor is the problem. And, we may never know.

Although purchasing software online is convenient, I do it all the time, you need to be prepared for the potential for fraud. Is this considered "Receiving Stolen Goods"? I'm no student of law, but I would think this term applies. Always check out your source for online purchases. If you have a bad experience, respond to it quickly and professionally. This particular event took place on a well-known auction site. You may get a great price, but end up paying for it on the backend.

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