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?
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.