Am I liable for unkowningly selling counterfeit software?

[kevcrid]

I purchased two copies of Rosetta stone at a thrift store and sold them on eBay. A couple weeks later I received a cease and desist letter from Rosetta stones legal department urging me to call. I called and talked to (deleted) who claimed the software was counterfeit and demanded I pay $2000 in a settlement. Claimed he could tell the software was counterfeit by looking at the pictures. What should I do? Should I pay for the settlement?

 

[mightymoose]

If it were me I would have already completely forgotten about all of this. You might try to do the same.

 

[kevcrid]

What are the odds they would take further action? Would they sue over two copy's of software?

 

[mightymoose]

What software are you talking about?

 

[kevcrid]

Rosetta Stone Spanish and french language learning software.

 

[KatDini]

"Can I sell my used Rosetta Stone Software?"

Reselling a used copy of Rosetta Stone would be an infringement of our copyright. Rosetta Stone software is licensed, not sold. A buyer purchases a license to install and use the program, not to sell Rosetta Stone software. These terms are set out in the End user License Agreement, which prohibits distribution to a third party.

"If I can sell a used copy of a book, why can't I sell this software?"

Unlike a book, software must be supported by Rosetta Stone. Your license purchase entitles you to the ongoing skilled services of our customer support staff. We make this costly investment to serve our licensees while using the best language learning software being sold today.

"I bought this exact item from eBay. Why was that not a problem when the seller was selling it?"

It was not a problem provided the seller was Fairfield Language Technologies, the owner of Rosetta Stone copyright, or an authorized reseller. Otherwise it was a problem because your seller was infringing our copyright. There are two primary ways copyright may be violated. One is by making or selling a counterfeit copy. If your set was not a "complete version," i.e.. did not have the User's Guide, Curriculum Text, and original box, it is very likely a counterfeit copy even though it might look original to you. The other way a copyright may be violated is by sale or distribution without authorization by the owner of the copyright.

"What if I have a new, unused, unopened copy of Rosetta Stone software? Can I sell it on eBay?"

This would be an unauthorized sale in violation of our copyright, unless you are an authorized seller.

http://thatpixelgeek.com/2008/09/you-cant-sell-your-rosetta-stone-software/

Note: I cannot find on the Rosetta Stone site where this question/answer section was. But the post quoted was from 2008-2010, so it may have changed/moved/been deleted.

3. TRANSFER: You may not sell, rent, lease,
loan or sublicense the Rosetta Stone Software.

http://www.rosettastone.com/us_assets/eulas/eula-cd-us-eng.pdf

See also this lovely little press release:
http://pr.rosettastone.com/phoenix.zhtml?c=228009&p=irol-newsArticle&ID=1881036&highlight=

 

[army judge]

Moose's advice is all you've got. Ignore the fly, it'll buzz around a bit, and eventually find a juicier target.

Google "Rosetta Stone Scam", visit Ripoffreport.com, or search this very website.

It's all out there, and it's trapped many victims.

Then, STOP trying to make a couple dollars on eBay, it's costlier getting spotted by these goons.

Be smart, lots of cons and scams ready to ensnare a stupid sucker.

 

[kevcrid]

I know for sure this is not a scam I went to Rosetta Stones website and called their number and asked to speak the guy from the email and they transferred me over.

 

[army judge]

I know for sure this is not a scam I went to Rosetta Stones website and called their number and asked to speak the guy from the email and they transferred me over.

Well, if you believe what he told you, pay him what he demanded.