Oxford Aviation / Transair CD-ROM Fair Use Legal Issues
Hi all,
I found this out the hard way today and thought I would let you all know so you don't run into the same hassles as me. If like me you weren't told anything about not being able to resell, give away or even lend your copy of the CDs to someone at the time you bought them then, like me, when you got them home and popped them into your computer you probably also assumed a certain amount of leeway for fair use.
I'm done with my set of CDs and genuinely but wrongly believed I could resell them as they cost about £300 at the time I bought them direct from Oxford Aviation. So I setup an eBay sale for them yesterday but today I received notification from eBay that Oxford Aviation Media had requested they cancel my sale because it breaches the license I agreed to when I used the CDs on my computer. Here is the email I got back from Oxford when I queried this.
Dear Simon
Thank you for your email.
The reason your item was requested for removal from eBay is because you
have breached the intellectual property rights of OATmedia trading as
Oxford Aviation Training Limited. eBay's description of this is rather
vague, but basically, you have breached these rights by attempting to
sell the item on. This breaches the End User Licence Agreement which
you agreed to when you installed the computer based training on your PC,
and which states that you may not lend, copy or resell the item.
All new or second hand OATmedia products found on eBay are requested for
removal. Previous sales on eBay have been a result of listings being
missed by search functions, or prior to the eBay VeRO programme
recognising OATmedia.
I hope this answers your questions
Best wishes
Becky
Becky Simms
Product Sales and Administration
OATmedia
So there ya have it. Apparently for £300 all I actually own are the CDs on which the software is written and I can't get rid of them because they contain software which Oxford own the rights to. Go figure because there is copy protection on these CDs that enforces copy protection anyway so it's not like I'm printing off dozens of the things and giving them away for free.
Beware all and don't get caught out by not reading the legalese like me!
Simon