What are the guidelines?
Academic software
Academic software is sold at significantly discounted prices to students, faculty members, and educational institutions. You aren't allowed to list academic copies of software on eBay unless you are authorised to do so as an educational reseller, an educational institution, a student, or a faculty member.
Sellers who want to find out if they are allowed to resell their academic software should start by checking whether the software maker has a VeRO programme participant. Sellers can also try to contact the software maker directly.
Under copyright laws, the owner of a copy of a copyrighted work is generally allowed to resell the particular copy they own. If a seller’s copy of the software is subject to a license agreement - as is the case with most software - the seller should review the license and consult with their attorney to determine whether they can resell the item.
Sellers authorised to sell academic software should state so in their listing.
Allowed
- If you're an authorised educational reseller of that software company.
Restricted
- You might be able to list your item if you are a student or a faculty member. You need to check with your school or the software company for more information.
- If a seller's copy of the software is subject to a license agreement - as is the case with most software - the seller should review the license and consult with their attorney to determine whether they can resell the item.
Beta software
Beta software can't be listed on eBay. These are early copies of software distributed by software developers strictly for the purpose of evaluation and troubleshooting.
Not allowed
- Beta software, including test, prototype, and evaluation software
- Beta keys, including beta cards and access codes
- Previously redeemed or activated beta codes
- Digitally-delivered beta codes
OEM software
Original equipment manufacturer (OEM), bundled, or recovery software, is included with the purchase of new computer hardware. It is eBay policy that sellers can't list these types of software unless they are selling it with the original hardware.
To comply with eBay policy, OEM software must accompany the necessary hardware as described above, and the hardware must be specific and clearly stated in the listing.
Restricted
- OEM, bundled, or recovery software may be listed only if it is included along with the original hardware, such as the motherboard, hard drive, or computer sold with the OEM software.
- Utility software and drivers bundled with peripheral devices, such as a printer or scanner, may be listed only if it is included along with the original peripheral device.
Not allowed
- OEM, bundled, or recovery software being listed as a stand-alone item
Activity on eBay is required to follow this policy, the eBay User Agreement and all applicable laws, as well as respect the rights of third parties. If it doesn’t, eBay may take action consistent with applicable laws and the eBay User Agreement, and may even be legally required to do so. Such actions may include, as an example only: Removing the listing or other content, issuing a warning, restricting activity or account suspension.
Why does eBay have this policy?
eBay is always looking for ways to improve the buyer and seller experience. We urge our members to comply with all government laws and regulations. This policy helps protect buyers from purchasing unauthorised merchandise, and it helps intellectual property rights owners protect their rights.