I believe they claim you cannot resell Microsoft software because you don't own it or have reseller rights. They've sued over such things. Here's an example:
I'm in the middle of getting to the bottom of a situation.
Long story short. Since I already had Ultimate I didn't install my Vista Home Premium Express Upgrade and tried to sell it on eBay to another Toshiba owner. My auction was shut down due to a "Copyright Infringement" notice from MicroSoft. eBay provided no details and refused to send me a copy of the take down notice saying I would need to obtain a subpoena. They cited potentially confidential materials that could be contained in the take down notice as their reasons why. Personally I think it would be the sheer amount of work to keep up with all the requests like mine.
My understanding is that I own this in full compliance of any and all copyright laws. Especially since MicroSoft and/or Toshiba sent it to me. Thus I'm not violating any copyright laws. If it goes to another person who would be within their rights to own it (a fellow Toshiba Owner) I'm having a hard time seeing a copyright issue.
There may be a shrink wrap license agreement somewhere in the mix (which of course since I didn't install it, I didn't accept) but I'm not aware that the take down law actually applies to an alleged license problem.
That's my question. Is the law that lets copyright owners issue a take down notice (without proof) specific to "unauthorized content" meaning since I owned it legitimately it was taken down in contrast to the law. Or is it broad enough to cover license agreements that may or may not be in effect since you haven't accepted it and are trying to flip the soft ware to someone else who can legitimately use it?
This is fuzzy and eBay has not been helpful. MicroSoft is still responding to my request for information.
Without help from these two parties I can't set up an auction that won?t be taken down. I seem to have no recourse even if I'm 100% legitimate (and I'm definitely 100% within Fair Use Rights...if they existed here.) Anyway the question is bold above.