Any chance you could post a link that backs up the fact that it is against the EULA/TOS to sell MSDN subscriptions like this?
They actually have a licensing white paper. You can download it from here:
https://www.microsoft.com/en-us/download/details.aspx?id=13350The relevant part is here:
... Be careful to not confuse
activation with licensing; activation has no way of determining whether you are licensed to use the product (such as
Windows 8, offered through an MSDN subscription) or whether you’re using the software in a way that is allowed under
your license (such as using Windows 8 for developing an application)...
Having a product key does not relate to having a licence to use the software. So it would be piracy.
LOL not stolen, but as the OP said these keys are in the grey area.
It's not a grey area. Just because you didn't caught doesn't mean it's not a crime. The chance of being caught is admittedly very small, that is probably why you don't have an issue breaking the law so easily.
To me, scam means you give them money and don't get anything in return.
This doesn't seem like so much of a scam; buyers know (or, at least SHOULD know based on the price they're paying) that they're buying something that is suspect. You might not like that, but unless Microsoft or the BSA comes down on Theymos, I don't see the "harm".
There's absolutely nothing different between this and the multitudes of Netflix logins, duty free cigarettes, HBOGO accounts, and all the rest. Or do you go after each of those sellers accounts too?
And yes, I know my account is a newbie, but I am certainly not a sock puppet. Just wondering why you're choosing to make a big deal on this one specific case.
You have a very naive definition of scam. The best scams do deliver, at least for a while. It's a confidence game. In this case the scam is that the keys may allow you to activate your product but in no ways allow you licence to use it. This means that the software may fail at any time and that the buyer is potentially liable for software piracy.
Good to see you have joined the ranks of self proclaimed "scambusters" nut. Keep working hard and some day you too can have no life.
NOTE: Selling these keys is not a CRIMINAL act. At worst it may be considered a violation of terms of service which would be a CIVIL claim. The title of this op itself is misleading.
I used to mention before that I am not a lawyer. Software piracy is illegal in many jurisdictions. Selling these keys is against to EULA/TOS. I strongly disagree with your assessment of the worst case scenario. The worst case scenario is more like a buyer gets sued, found guilty and will have to pay a multi-million dollar fine. It has happened for people who downloaded a few songs. Are you telling me, definitively, that it will not happen to someone using unlicensed Windows, Word, Outlook, Powerpoint and Excel?
I can not definitively say that selling keys is also illegal, but I reckon enabling piracy will in many jurisdiction also be plain illegal. In addition all the sellers are misleading their "customers" with false claims. ("Legit", "lifetime warranty" and what not). See below for me having a life...
I also wonder why do you target this specific individual? From what I could see he is no different that any other MSDN dealer out there, and we have 10+ of such dealers here on bitcointalk. If you are really "scambusters" please go against every single one of them. Now you are just making other sellers profit more.
If you look at my history I've been posting replies in other sales threads as well. I am not singling out FuckIdolPlus. The other sellers, though, took my comments and left it at that. FuckIdolPlus blew a fuse and that caused some extra attention. Also, I am a single individual, I do have a life and I don't have time to chase down every shady business on here.
I choose to pick on those selling Starbucks gift cards (because they cause credit card fraud and do harm to individuals) and Microsoft product key sellers. My approach is fairly simple: I make it explicit that what they're doing is fraudulent. If, at any time, an authority goes after these dealer and/or their customers they will have a hard time claiming ignorance.
If no authority will ever take action then so be it.