No presumption of innocence on eBay

So I was clearing out some stuff in my home office recently and came across a retail copy of OS X 10.3 that I had bought several years back. I had all three discs, plus the development tools disk. Just for the heck of it, I checked eBay to see if anyone was selling that version and, if so, what it was bringing in. Sure enough, there were a few copies for sale, and they were attracting enough bids I thought it would be worth listing – which I did.

A few days later, I got a notice from eBay that my auction had been pulled because they had received a complaint from the Business Software Alliance claiming the software “offered for sale is in violation of an enforceable license agreement, which constitutes a copyright infringement.”

I am not pleased. This was a retail copy, legally purchased. It is no longer installed on any computer. Reselling ought to be perfectly legal. I’ve written both BSA and eBay to express my displeasure. I don’t like – and don’t engage in – software piracy. People ought to get paid for their creative and technical work. I also don’t like that eBay pulled my auction without contacting me or investigating the claim of copyright infringement. There was no presumption of innocence. In fact, the opposite.

Update: I heard back from BSA, and apparently the issue is that I no longer have the original documentation. I’m probably out of luck. For the record, I’ve never needed documentation to install a Mac OS. Has anyone else?

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