Donating Software? 42
nuxx asks: "I have a copy of Windows Server 2003 R2 Enterprise x64 Edition here, with 25 Client Access Licenses which I don't need. I don't want to throw it away, but because it's a Not For Resale copy, I can't list it on eBay. So, I'd like to give it to a charity. It's a completely new, unused, legal copy which was handed to me by a Microsoft rep a few weeks ago, so this should be legal to do. The problem is, I'm not really sure how to donate software to a charity. Does anyone have any experience with this? Do you know of any resources available regarding how to send such donations and which organizations find them useful?"
Have you checked with the MS rep? (Score:5, Informative)
This being said, I can't remember the web sites addresses right now. Google is your friend.
just... (Score:1)
Anyway, I don't have an idea how to donate a licensed software. Is the software licensed to you? your company? What kind of licensing is it? If there would be any transfer, just be sure you got the supporting documents you need or any sort of written agreement. Wouldn't it be wise to inquire Microsoft with regards to this issue? my $0.02.
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Well, the OP said that the software was unused, so I would assume it isn't licensed to anybody yet. I ANAL, but there are precedents in at least some US District Courts indicating that selling this unused software actually may be legal [wikipedia.org].
Oh, but if you get sued anyway, don't come crying to me.
doesn't matter if it's legal or not... (Score:2)
My favourite IT surplus seller was put out of business after MS threatened them with a long, drawn-out legal battle over the legality of reselling OEM software.
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What? Are you suggesting he should write his own Windows Server 2003 R2 Enterprise x64 Edition? Ofcourse not. Then why should he just throw it away if there's somebody out there who will find it useful, and would maybe buy it otherwise?
Besides, writing software is work. Donating software isn't. I don't think extra work was on his mind when he was posting this to Slashdot.
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For instance, I was able to 'sell' my brother my previous car without him having to pay sales tax on the sale(there is an exception for immediate family), and then he was able to donate the car and deduct something like 30% of the value on his taxes.
Another example would be a gift from a family member less than $10,000; it does not need to be declared as income, but any donation could be declared.
Basically, the tax code
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LOL. You should start a technology version of the darwin award.
techsoup (Score:5, Informative)
Agreed (Score:3, Interesting)
-Rick
Tech soup has limits (Score:4, Informative)
But not every non-profit can benefit from the offerings at techsoup (depends on the 'donator' and thier restrictions) For microsoft the restrictions listed are:
"Microsoft products are not available for distribution to educational institutions (including K-12 schools, colleges, universities, and trade schools), political organizations, religious organizations (except for those with a secular community designation), healthcare networks and healthcare research organizations, or private foundations. Please consult our complete list of ineligible organizations for more information."
Schools have thier own discounted licensing plan (might be higher $$ though), so if I wanted to help the unhelped I'd probably help my local church, foundation or healthcare research organization.
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This is a fantastic resource for nonprofits and nonprofit IT managers (like me). They also offer software from Adobe, Symantec & Cisco equipment, amongst others. Excellent resource.
The answer to your question might be that it is actually cheape
NGO in need (Score:4, Informative)
They might need it, since their "server" runs XPpro and they get a bunch of volunteers to work there.
As for the legal stuff, you dont need to transfer this license, since the installation can be performed "in your name", hence you are still the owner of this product, but you grant the organisation an exclusive right to use this software (you dont sell or give away, you just let them use it instead of you)
If it seems to good to be true... (Score:5, Informative)
Source:http://www.microsoft.com/windowsxp/home/eu
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But hey, i've been evalutating WinZip for a little while now...
IMHO donating to charity shouldn't be a problem, but I agree: Check with the rep.
Re:If it seems to good to be true... (Score:4, Insightful)
Re:If it seems to good to be true... (Score:4, Informative)
My (multiple) copies of 2003 Enterprise Server (NFR) specifically states in the EULA that "The use of this software does not preclude you from using it in a production environment." The big word there seems to be "preclude"
There is even a little fly-sheet included in the book that further states (in effect) -You are very lucky to be the benefactor of Microsofts generous gift-
NFR software is a bit more than trialware and has all the functionality of the retail box version. I have personally bought multiple copies from online vendors, and use them daily in a production environment. Apparently someone is allowed to sell them, as I said before that I did buy them from a reputable Microsoft online reseller (Platinum level I believe).
I have even been able to reinstall it on completely new hardware more than once with a simple phonecall upon activation. I first became aware of NFR copies when I won one at a TechNet event several years ago.
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How could the EULA, or any text therein, possibly be relevant in a situation like this? All he did was stand there while some drug dea-- oops, I mean -- some salesman handed it to him. Unless he signed something, what reason is there to suspect he's under any sort of contract? He owns it, and he can hand it off to someone else just like anything else he owns.
Of course, there's the whole question regarding how "charitable" it is to give network-effect-addictive malware to some non-profit org...
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copyright gives them the right to say who may and may not make copies. I have yet to see any law (and please, correct me if I am wrong) that gives them the authority to say what you can do, other than distributing copies, with the software. Its also well established that distribution of a legal copy of a copyrighted work is legal. That is, no book publisher can actually stop me from turning around and giving away or sell
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It's called the "Right of the biggest wallet": he who holds the gun to your head makes the rules.
Thinking in the term of legal rights is all fine and good, but don't confuse the hypothetical world where right rules to this one where might does. Doing so will simply put yourself beneath the 500-pound gorilla when it sits down.
The basic problem is that Microsoft can simply drag any court case on until you go banckr
Here's the problem (Score:1, Interesting)
eBay it as a "gift" then :) (Score:4, Insightful)
So, list a CD case for sale on eBay, which comes with a *free gift* of a copy of Windows Server 2003 R2 Enterprise x64 Edition then
I got one ! (Score:1)
Microsoft has a nonprofit program (Score:2)
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The first one is always free... (Score:1)
Another way might be to give it to a gadget/software blog site and they can start a contest for it. This way, somebody who wants/needs it will get it and everyone can enjoy some interesting entries for the competition
Did you sign anything? (Score:2)
I work for a charity.. (Score:1)
Is it... (Score:3, Interesting)
Have to check with your rep (Score:3, Interesting)
However, somtimes they are.. It all just depends. You need to call your rep and see what you got in you hands there. A gift, or a door stop.