Is this Legal????????????????????????

[Ob1]

a co worker of mine found this website where you can download all sorts of software (Windows operating systems: 2000, xp pro, server enterprise, exchange, etc) and all sorts of other software from different co. macromedia, autocad software, norton, mcafee, etc. and the prices are really really cheap, because they only offer the software for download in .iso format i believe. they dont ship out cd's or anything, and u obviously dont get any support from the co's who's product it is.

So my question is is this legal to do? here is the link check it out and let me know. if it is legal, could i say charge a markup fee for this software and provide it to people and customers in the form of a cd, or would it then be illegal at that point?

http://www.blacksunware.com/download.php

[Snod Blatter]

Well, since you just download it, I would guess that you don't get any kind of Certificate Of Authentication (or COA).

It's the COA (and thus the license to use it) that you pay for, not the software itself... with the software being closed source, you cannot own it and thus cannot pay for it, only the privilege to use it. That's my understanding of it anyway...

Sooo... unless they mail you a COA (which I don't think they do) I'll stick my neck out and say it's illegal.

See what other people say first though...

EDIT: I was just reading through their "conditions of purchasing" and it states the following:
"2.3. You cannot register the software with the manufacturer and updates are available not for all the products"

This is extremely fishy.

Perhaps they just paid for some kind of "super license" or something and have made a customised version of the OS which registers it to them... does any kind of license exist where you can install a copy of a MS OS on an unlimited number of machines?

[Ob1]

I sent them an email asking about the COA and product key, asking them how i would obtain it and have yet to here back from them.

thanks for the quick response though, anyone else with any thoughts or suggestions.

edit: yeah that is a strange that you cant register the product and the some software might not be able to get updates. maybe thats why they only have xp pro with sp1, cause they know it wont pass the windows geniune advantage program that allows it to validate the copy of windows and receive the windows updates.

[glc]

Please read the sticky thread with the guidelines for the software reviews forum. You have not conducted a review.

Moved to General Software.

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This is illegal. It's all bulk licensed and/or pirated software, the download usually comes from Eastern Europe or other countries where there's really no enforced antipiracy laws. That particular domain is registered to someone in Tahiti.

[Statica]

Definetly not legal! Remember that while it may not be illegal for them to do it, depending on where they are located, it is still illegal for you to run software like that in places where there are defined antipiracy laws.

[Ob1]

sorry about posting in the wrong thread.

thanx for the clarification GLC and Statica. it seemed a little fishy that they were offering the software so cheap, but i just wanted to make sure, dont want to miss out on a good opportunity. but i will definitely steer clear of this, i dont need the FBI banging on my door hauling me off to jail for using and or selling pirated software.

[sdkfz]

The first FAQ on their site reads:

Why is the software so inexpensive?
We offer the software for downloading only, it means that you do not receive a fancy package, a printed manual and license that actually aggregate the largest part of the retail price. In this situation we are restricted in selling the products for private purposes only! You will not be able to get a technical support and different rebates from the manufacturer. Updates are available for the most of our products (you may ask our support staff for the exceptions) that make them fully functional and operating. Additionally you save the delivery cost.

[Force Flow]

Yep, the FAQ shows that it's pirated software for oh-so-many reasons. Gramatical errors are a big tip off too.

"restricted in selling the products for private purposes only"
big tipoff here. You only see this type of exception listed as "for educational use only"

"You will not be able to get a technical support [...] from the manufacturer"
You will always get some form of support from the manufacturer, however limited that support is.

"You will not be able to get [...] rebates from the manufacturer"
meaning, the software is not legit and the manufacturer will not give you a rebate on pirated software that was illegally sold.

"Updates are available for the *most* of our products [...] ([...] ask our support staff for the exceptions)"
Meaning, the manufactuers sometimes have anti-piracy measures in place to prevent you from downloading updates for pirated software.

This, however, is not a tip off because OEM software comes without a manual and box (there is an exception when downloading I will mention shortly):
"We offer the software for downloading only, it means that you do not receive a fancy package, a printed manual [...]"

But this part is:
"[...]and license"

There are execptions about licensing when downloading software, though. Businesses and educational facilities are exceptions where the licenses are not directly transferred to the user. This isn't one of those cases because you would be a private buyer.

[mairving]

A telling sign is how long the site has been up. If you lookup the whois record, you see that this site has been up about a month. When it gets shutdown, it will reappear under a different domain name. Your co-worker probably found this site from some spam that was sent. The scenario usually goes something like open the site, send out spam telling people about it and then close it when your site starts to get blocked or it is found out that you are selling illegal software.

[Statica]

So that's a site you really want to using your credit card with!

[spartan015]

thats purely... well not a good idea. i mean there are plenty of sites (not naming them cuz i dont want to be part of it lol) that actually let u dl that pirated stuff for free... them asking for money thats already pirated is unbelievable.