[ryan_s]

How does this currently apply to software? Specifically desktop software apps, and OSs.

[meaty]

Exactly the same way as other media. In fact sometimes worse.

I have tried to sell a few bits of software via eBay (used windows XP pro retail box) which have been uninstalled or replaced with partner action pack licenses. After a day or so, I get an email from eBay saying that the item has been withdrawn due to a complaint from the manufacturer.

This is what they want.

I'm in the UK btw and am concerned this may become an international issue.

[SEMW]

That's ebay's choice, but they're certainly not obliged to do that by copyright -- in the EU, at least. First Sale has been upheld (in the context of software) by the ECJ pretty recently (even for software you've downloaded rather than bought in retail), in the UsedSoft case -- http://www.linklaters.com/Publications/Publication1403Newsle...

Choice quote: "This broad interpretation of Article 4(2) is necessary as otherwise the effectiveness of the rule of exhaustion would be undermined since suppliers would merely have to call the contract a “licence” rather than a “sale” in order to circumvent it."

IANAL.

[justincormack]

This article covers some of the case law http://www.lw.com/upload/pubContent/_pdf/pub4047_1.pdf but basically at least in the US software licenses as licenses not sales have been upheld. Other countries may differ.