Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

I have been ripped off, but have they legally ripped me off?

Copyright, Trade Marks, Patents, Information Law etc

I have been ripped off, but have they legally ripped me off?

Postby mikeylfc20 » Mon Dec 11, 2017 11:11 pm

So I bought a popular software the other day online.

It is from a very popular and large american software company (sell worldwide), and thye have a huge variety of advanced software.

I have been ripped off as after buying this license key from online, it is an educational license key, which is given away free to students in the UK if they request one.

So I have bought something and someone has just put fake details in to say I was a student, and given me a license key which was free and have charged me for it.


So I am asking. Is this legal? It isnt a government website or anything, it is a matter of them putting a fake name in, and a fake university/school name in to get a key, and then to put it in a notepad file and send it to me through the post.

Is this legal, or am I able to make a claim and get my money back for this?

It was £50, but it's still a lot seeing as it cost them £0 to give it to me.

Thank you all for the help
mikeylfc20
 
Posts: 5
Joined: Mon Dec 11, 2017 11:00 pm

Re: I have been ripped off, but have they legally ripped me

Postby diy » Tue Dec 12, 2017 9:21 am

There would appear to be several angles:

1. If they didn't describe the offer as being an educational/student license, then they haven't provided you with what was described - so you have a "not as described" claim and can reject the purchase.
2. Its likely that they aren't an authorised reseller and have no right to sell you a license. So they have sold you something they have no title to sell - however they may have described (1) as a service for a fee.
3. If you don't meet the criteria for the license, then you aren't licensed.

Start with 1. its the easiest option. Look at what they said they were selling/doing for the fee. Did they disclose the restriction and were they open about it being a service. Is the student/education license restricted in anyway compared to a full use? i.e. no support, upgrades etc. These would help you argue that what they provided was materially different to what they sold. The most obvious being (3) its not a valid license.

There can be a legitimate second hand license market where the seller acquired the right to assign/divest the license asset. For example - Microsoft office for £10 on ebay, however in most cases Licenses are not transferable, so a second hand License being sold - has no value, because the buyer wont be licensed. That's not to say it wont work.
My suggestions are not legal advice
User avatar
diy
 
Posts: 2665
Joined: Fri Nov 02, 2012 10:06 pm

Re: I have been ripped off, but have they legally ripped me

Postby mikeylfc20 » Tue Dec 12, 2017 1:21 pm

It is said on the page I bought off that I was buying an educational license, but it does have full functionality apart from one feature i was told about before buying.

So it wasnt mis advertised to me as such, but the fact it's free to get and I have paid for it I feel ripped off.


Is what has happened to me legal? Do I have any legal rights to try and take this website down / compensation ?? What can I do? This is for UK law and a website based in UK also!

Thank you
mikeylfc20
 
Posts: 5
Joined: Mon Dec 11, 2017 11:00 pm

Re: I have been ripped off, but have they legally ripped me

Postby diy » Tue Dec 12, 2017 1:27 pm

So basically they charged you £50 for a service to grant you an educational license that you later found you could get for free?

It sounds like they performed the service they sold you.

However, you probably aren't licensed and the software company who owns the rights, might well take a dim view of them falsifying details to fraudulently claim a license on your behalf.

You could ask for a refund, but its not clear why you thought you could use a £50 educational license but not a free one?
My suggestions are not legal advice
User avatar
diy
 
Posts: 2665
Joined: Fri Nov 02, 2012 10:06 pm

Re: I have been ripped off, but have they legally ripped me

Postby dls » Tue Dec 12, 2017 2:26 pm

The licensing conditions for such software are detailed and (usually) well thought through. They can vary hugely from company to company. There is no substitute for reading them and understanding them for identifying either just what you have bought or whether you have bought anything at all.
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 12391
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: I have been ripped off, but have they legally ripped me

Postby mikeylfc20 » Tue Dec 12, 2017 3:05 pm

diy wrote:So basically they charged you £50 for a service to grant you an educational license that you later found you could get for free?

It sounds like they performed the service they sold you.

However, you probably aren't licensed and the software company who owns the rights, might well take a dim view of them falsifying details to fraudulently claim a license on your behalf.

You could ask for a refund, but its not clear why you thought you could use a £50 educational license but not a free one?


As a non student, prices of the software is over £1000+. I am new to the software and wanted to learn it, so £50 seemed a bargain, there is no other possible way to get it for so cheap, unless obviously you are a student and you have access to it for free i suppose.

In what you said here:

However, you probably aren't licensed and the software company who owns the rights, might well take a dim view of them falsifying details to fraudulently claim a license on your behalf.


So seeing as the "service" i bought from them, they put false details to claim a license. Is this illegal, or just breaking the terms and service of the website? which I guess is not a crime?

I will get a refund out of them, but I want to know if they broke any crime here so I can report it and get them shut down so they don't rip anyone else off!

Thank you for the replies
mikeylfc20
 
Posts: 5
Joined: Mon Dec 11, 2017 11:00 pm

Re: I have been ripped off, but have they legally ripped me

Postby diy » Tue Dec 12, 2017 3:23 pm

Yes they have falsely claimed a license that you weren't entitled to ..

Company A writes some software. They allow Students subject to a verification process to claim Educational versions for free.
Person B offers to sell company A's educational version for £50. Company A has not authorised Person B.
Person C pays B for the version, knowing that he doesn't meet the license criteria
Person B defrauds Company A, by falsifying Licensee details to obtain a License worth £1000s for free.

Person C - is using the software without a valid License if he doesn't meet the criteria - Company A may have a civil claim against Person C.
Person B - has committed fraud, obtaining by deception. A criminal offence, he may also have breached the copyright design and patents act by selling a license he has no right to sell. A has a claim against B.
Last edited by diy on Tue Dec 12, 2017 3:40 pm, edited 1 time in total.
My suggestions are not legal advice
User avatar
diy
 
Posts: 2665
Joined: Fri Nov 02, 2012 10:06 pm

Re: I have been ripped off, but have they legally ripped me

Postby atticus » Tue Dec 12, 2017 3:34 pm

You wanted software sold for well over £1000 for £50?

I see.

I suggest that you read every last word of what you agreed and declared when you made this purchase before you start accusing others of dishonesty.
User avatar
atticus
 
Posts: 20294
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: I have been ripped off, but have they legally ripped me

Postby diy » Wed Dec 13, 2017 8:43 am

To be fair to the OP, the words Educational or Development or personal development etc. are vague if not properly defined in a license agreement.
My suggestions are not legal advice
User avatar
diy
 
Posts: 2665
Joined: Fri Nov 02, 2012 10:06 pm

Re: I have been ripped off, but have they legally ripped me

Postby atticus » Wed Dec 13, 2017 9:06 am

To be fair to the OP, he should check what he agreed and declared.
User avatar
atticus
 
Posts: 20294
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Next

Return to Intellectual Property

Who is online

Users browsing this forum: No registered users and 1 guest