Make sure it will be on original media (CD/DVD copies almost certainly indicates Warez), that it has upgrade rights (no upgrade rights almost always indicates warez), and that the Smith Micro EULA allows license transfer (if not any answer you get to the first two issues is likely to be unreliable). High sales and ratings may indicate a legitimate business (though how many surplus copies of Poser are floating around to be resold?), but it may just indicate a crook with a CD duplicator and customers who don’t care
The difference between a silver, and a burned disc, is spectacular, so most recipients would know at a glance..
Granted, there’s that innocent new guy, who just bought a computer, never burned a cd, and hasn’t figured out where to download almost anything. But I’m not sure those guys still exist.
But how many crooked guys (or gals), who don’t care about legitimacy, will pay good money for a pirate copy that they could download for free, or in many cases, find a crack for the demo?
And any seller would be taking an awful risk, of Mr. Eagle Scout wandering into the store.
The only paying market for burns, is fans who want material which has always been commercially unavailable, and which generally came from a crap source. (Or jokers on the street, who can’t afford internet, and want to see the latest movie, for about the price of a ticket, lol. Perhaps because they don’t like snack bar prices, and want to toke out freely).
(if the seller refunds those who do object to being given warez I don’t think eBay allows them to give negative feedback).
Interesting point. The buyer would have to talk to the seller, before filing conflict resolution, so eBay might never hear about it.
Then again. I know a former eBay seller (admittedly biased) who complained that most his old rights were taken away, and they could neg pretty freely.
In fact, come to think of it, I’ve seen several negs, over many years, answered by “I provided the buyer with a full refund… and…”.
I know if I had to go through the trouble, and delay, I’d be firing off an email to Smith Micro, for revenge’s sake, if not indignation…
(I suspect refunds seldom cover shipping, either - so that would be another motivation to drop the dime). (OTOH, I’m not sure what would happen if Smith Micro were to send a legal letter to eBay, I suspect they’d be bound to investigate, but I don’t know how far they are allowed to go with an investigation, or what they would say it the seller locked up the fake, and showed them a legit copy. The law might be brought in, but criminal cases are quite rare, it’s usually up to a civil court judge - who admittedly has god-like power. Law is a morass, and IANAL).
Also, like you said, you shouldn’t buy, unless the seller explicitly stated that it was a full-rights legit silver disc. If he lies about that, I’m positive you can neg. (I don’t think any pirate can afford to have silvers pressed).
To throw more uncertainty onto the fire. I’ve seen Amazon reviews of a counterfitter. But none of them mention what happened to him (he doesn’t seem to sell there anymore). Being Amazon, they lumped all the reviews, of the item, into all the stores, you had to be careful to look for a seller name in each review.
Amazon could easily have more recourse, and therefore responsibility, for all I know.