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So if I can't sell my Rosetta Stone - what CAN I do with it?


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What's with the ads?

#1 mooooom

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Posted 23 August 2008 - 07:28 AM

We're done with it. Am I supposed to throw it out? Is there anywhere I can sell it?

thx

#2 woolybear

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Posted 23 August 2008 - 07:52 AM

How about donating it to the library? Or if Book Samaritan still exists (and I'm not sure if they do) you could send it to them. Or maybe if there is anyone around see if they're interested in a trade or loaning it out?

#3 T Baer

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Posted 23 August 2008 - 07:58 AM

You can always do that again.

#4 Quiver0f10

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Posted 23 August 2008 - 08:08 AM

Why can't you sell RS? I have seen it for sale on the boards and ebay.

#5 mooooom

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Posted 23 August 2008 - 08:37 AM

cool, I'll try the for sale board

#6 Confuzzled

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Posted 23 August 2008 - 12:56 PM

EBay canceled my auction for RS Japanese last year, saying it was against the copyright to resell it.

Fortunately I already had several bidders when they closed it, and I ended up selling it privately.

I couldn't find anywhere in the documentation it came with or online that I wasn't supposed to resell it though.

From what I can tell, it's only the homeschool edition that can't be resold and I don't know if it's EBay's policy or came from Rosetta Stone.

Kris

#7 sagira

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Posted 23 August 2008 - 01:49 PM

What language do you have? :bigear:

#8 Novafan

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Posted 23 August 2008 - 04:46 PM

I need RS German. :)

#9 sagira

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Posted 23 August 2008 - 05:03 PM

I'd be interested in looking at Rosetta Stone Spanish :001_smile:

#10 momto2Cs

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Posted 23 August 2008 - 08:13 PM

EBay canceled my auction for RS Japanese last year, saying it was against the copyright to resell it.

Fortunately I already had several bidders when they closed it, and I ended up selling it privately.

I couldn't find anywhere in the documentation it came with or online that I wasn't supposed to resell it though.

From what I can tell, it's only the homeschool edition that can't be resold and I don't know if it's EBay's policy or came from Rosetta Stone.

Kris


EBay policy - they don't allow homeschoolers to sell homeschool items as such, and they don't allow sales of teacher's manuals, etc., without some sort of special permission. I couldn't sell a couple of things on there using the ISBN numbers to generate more info, as they then came up as teacher's guides.

#11 jobeezy88

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Posted 14 August 2010 - 04:44 PM

Yeah I'm trying to sell my Rossetta Stone Italian. Any ideas? Or anyone want it?

#12 In The Great White North

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Posted 14 August 2010 - 05:49 PM

Sadly, although the older RS was "sellable;" the newer ones are not. If you read the fine print, you are buying a license not a product. You can only use it on three (? possibly 4) computers even if you own them all and cannot resell it.

I don't think ebay's actions had anything to do with homeschooling or the teacher's edition issues.

#13 Guest_ME-Mommy_*

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Posted 14 August 2010 - 06:25 PM

I noticed that homeschoolclassifieds.com has a policy against resale of RS as well...

#14 Laura in STL

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Posted 14 August 2010 - 06:46 PM

As I understand it you cannot resell. I would think you couldn't donate for the same reason. You get a license for three computers when you buy rosetta stone. Every time you activate it on computer you use a license. If you get a new computer you should call Rosetta stone tech support to deactivate on the old computer. That way you don't use a new license when you put it on your new one.

#15 kalanamak

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Posted 14 August 2010 - 06:50 PM

EBay policy - they don't allow homeschoolers to sell homeschool items as such,


Why on earth does Ebay care about such a small market, unless there is a copyright. Are a huge percentage of hs materials covered by such a copywrite?

#16 Violet Crown

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Posted 14 August 2010 - 09:12 PM

Sadly, although the older RS was "sellable;" the newer ones are not. If you read the fine print, you are buying a license not a product. You can only use it on three (? possibly 4) computers even if you own them all and cannot resell it.


Or so Rosetta Stone would like it to be. I see their "buying a license not a product" and raise them one First Sale Doctrine. You bought it, it's yours. Sell it, keep it, donate it, eat it: it's yours. Even supposedly "licensed, not purchased" software.

So far, afaik, the courts agree.

#17 3littlekeets

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Posted 14 August 2010 - 11:00 PM

You could gift it to another hs family. then, that family could "gift" you in some way:lol:

#18 ma23peas

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Posted 14 August 2010 - 11:04 PM

We loan ours out to other RS owners, we started out with German, loaned it to a guy who gave us Italian....when we're finished, we'll get our German back and hopefully loan it out for Spanish or French! :)

Tara

#19 radiobrain

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Posted 15 August 2010 - 08:07 AM

You could also try to sell it at a PHYSICAL used curriculum sale. However, that doesn't mean that you live near anyplace with enough organized HSers to do it. :confused:

I bought my RS Italian at one of these for $15. I was so excited. Mine is the older one though... I always figured I could sell it. Guess not.

#20 Night Elf

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Posted 15 August 2010 - 08:20 AM

I bought my RS Italian at one of these for $15. I was so excited. Mine is the older one though... I always figured I could sell it. Guess not.


Lucky duck! I paid full price, $210 for French level 1 and that's alot of money to be out, especially because we don't like the program at all. :(

#21 siloam

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Posted 15 August 2010 - 01:34 PM

EBay canceled my auction for RS Japanese last year, saying it was against the copyright to resell it.

Fortunately I already had several bidders when they closed it, and I ended up selling it privately.

I couldn't find anywhere in the documentation it came with or online that I wasn't supposed to resell it though.

From what I can tell, it's only the homeschool edition that can't be resold and I don't know if it's EBay's policy or came from Rosetta Stone.

Kris


Actually this is different from the no Teacher Editions issue, and it does apply to both the homeschool and full versions. If you read the fine print you are only purchasing a license to use the product not the product itself. Thus you cannot sell it because you don't own it in the first place.

Ebay actually took a step back from their no Teacher Editions policy, usually allowing easy to purchase hs materials. They still are careful about any product you have to provide proof of schooling with. For example if you order from PHP you have to call in and set up a homeschooling account, you can't just go online and by teacher material.

Heather



#22 Violet Crown

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Posted 15 August 2010 - 06:34 PM

If you read the fine print you are only purchasing a license to use the product not the product itself. Thus you cannot sell it because you don't own it in the first place.

But this isn't true. Yes, it says that in the fine print; and Rosetta Stone would like you to believe it, and they have the clout to get eBay to enforce it. But you CAN sell it, you DO own it, and you DID buy the product yourself. This is well-established law under the first-sale doctrine, and while there was momentarily some uncertainty about the application of the doctrine to software, every court case has upheld that the doctrine applies to software.

You bought it and it's yours. Sell it if you like, without a single ethical qualm.

#23 gpsings

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Posted 16 August 2010 - 07:27 AM

If it's Spanish, how much do you want for it?

#24 jplain

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Posted 16 August 2010 - 08:22 AM

The first sale doctrine as applied to software is interesting, and the courts have yet to make any final determinations. At this point in time, licensing has not been declared illegal, so software companies will try to prevent resale of software by claiming that the license is non-transferable.

If you do buy version 3 used, be sure that it has been deregistered from the original owner's computers, and that the Activation ID will be included along with the discs. The owner has to follow the instructions on this page, and then contact Rosetta Stone with both the Activation ID and the Deactivation Code to complete the deactivation process. Buyer beware: if buying from an unknown seller, you take the risk that the software is already registered to other computers!

#25 foobarbaz

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Posted 07 October 2013 - 11:22 PM

The first sale doctrine as applied to software is interesting, and the courts have yet to make any final determinations. At this point in time, licensing has not been declared illegal, so software companies will try to prevent resale of software by claiming that the license is non-transferable.

If you do buy version 3 used, be sure that it has been deregistered from the original owner's computers, and that the Activation ID will be included along with the discs. The owner has to follow the instructions on this page, and then contact Rosetta Stone with both the Activation ID and the Deactivation Code to complete the deactivation process. Buyer beware: if buying from an unknown seller, you take the risk that the software is already registered to other computers!

 

Licensing is of course not illegal, but a license is a contract. For there to be a contract, both parties have to have an opportunity to review it, and must BOTH agree to it.  One way is by the parties to meet and verbally agree to the contract. Another is for them both to sign a written document that outlines the details of the agreement.

 

A piece of paper stuck inside a shrink-wrapped box, that says "by opening this box you have agreed to this" is NOT a valid contract.

 

If you walk into a retail store, pick up a physical box, take it to the checkout, hand the clerk some cash, and walk out of the store with the box, you have made a PURCHASE. (Ditto if you follow the similar procedure in an "online" store and wait for the physical box to be mailed to you) You have not negotiated any contracts or agreed to any licenses. The physical contents of that box are YOUR PROPERTY, regardless of what any pieces of paper in the box might say.

 

And the section of US Copyright Law commonly referred to as the "First Sale Doctrine" applies.

 

Yes, the original seller of the contents of the box might make it difficult or impossible for someone you sell it to, via an "online" activation scheme, to do anything useful with that box or its contents other that using it as a paperweight or to hold a rock collection, or they can make you jump through special hoops "transferring" to avoid that consequence, but they do NOT have the legal authority to enjoin you from reselling the box or its contents.

 

In other words, they can cause the resale value of their products to be absolute crap, and they can even induce certain controlled marketplaces (such as eBay) to make their own rules prohibiting their items from being resold.

 

But they can't stop you from selling it, outside of that.




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