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Microsoft/eBay pulled my MS Office auction

I won a copy of MS Office 2007 at the UK launch and tried to sell the shrink wrapped software on eBay. It got taken down.

At the moment I'm planning to let a judge decide :-

1. Whether in fact the software(^1) is "not licensed for retail distribution" (given notes 'a' and 'b' below, this would seem unlikely)

2. If it is found to be so licensed then whether such restriction is unfair according to Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999 No 2083)

3. In the unlikely event that any "Not For Resale" clause is found to be lawfully binding and fair, that it be held not to apply in this case on the basis that I do not intend to "resell" the item. I will be selling it for the first time, it not having been purchased in the first instance. Simply put, a prize can not logically be "resold" by the winner as it was not sold to him.

I've asked Microsoft for a detailed point by point explanation as to the basis for their claim to include a full copy of any contract(s) that they believe to apply and include specific reference to any clause(s) that I would allegedly be in breach of.

Notes:-

a. The competition rules made no mention of any such restriction of sale or resale

b. The included EULA is a cut and paste of the standard full retail version

The Sale of Goods Act comment above by Steve (thanks) is also worth thinking about).

Leg to stand on?

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Time to take a sniff at the coffee, perhaps
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Will they have to drag him back like last time?
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