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Selling software
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Mac Elite
Join Date: Aug 2003
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Offline
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As I understand it, you cannot sell software, previous editions, of software you still currently use, correct? thanks.
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Clinically Insane
Join Date: Oct 2001
Location: San Diego, CA, USA
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Essentially, with software, what you are selling is licenses. If you have bought multiple licenses for the different versions, you can sell the old ones.
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Chuck
___
"Instead of either 'multi-talented' or 'multitalented' use 'bisexual'."
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Mac Elite
Join Date: Oct 2001
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Offline
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I'm not so sure about that. Read the EULA. A lot of them specify that licenses are non-transferable.
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Genius. You know who.
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Fresh-Faced Recruit
Join Date: Jun 2006
Location: NYC
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I need to stick in the obligatory "I am not a lawyer" bit here before I start.
As nforcer said, read your EULA. Many of them do allow transfer of license if you stop using the software, remove it completely from your machine and transfer all distribution media. This is basically a re-assertion of your right under copyright law though it's a bit fuzzy since they are licensing the software and not outright selling you a copy.
In your case, though, I think you are asking whether you can transfer old versions. but I think that this may be a gray area. You could argue when you buy an upgrade, you are licensing the new version and that it is somewhat independent of the old version you already bought. At the same time, you did use that old version to get discount pricing on the upgrade so it's not totally independent.
In the end, check the specifics of your EULA and if it's still not clear (which would not be surprising) and if it's really something that you need to have a definitive word on, check with a lawyer. You could also try asking the company that makes the software though my guess is you won't like the answer they give.
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Mac Elite
Join Date: Aug 2003
Status:
Offline
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that's funny, last line noodle, "my guess is you won't like the answer they give."
In short:
I'm using Photoshop CS and Office 2004.
Is it kosher to go on e bay and sell my CD's of PHotoshop 7 and Office 2001?
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Addicted to MacNN
Join Date: Mar 2000
Location: London, UK
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Also note that if you bought an upgrade license, selling your original license for the old version will probably remove your right to use the new version.
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Administrator
Join Date: Apr 2001
Location: San Antonio TX USA
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Kevs, NO it's not cool to sell the discs for a program you're still using. You may be legally allowed to sell the program discs and license (depending on the user agreement) if you have completely removed the software from your computer and have no backup copies of that software. In other words, you can't use it if you sell it, and if you're using it you can't sell it.
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Glenn -----OTR/L, MOT, Tx
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Moderator
Join Date: Feb 2006
Location: on the verge of insanity
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Originally Posted by ghporter
Kevs, NO it's not cool to sell the discs for a program you're still using. You may be legally allowed to sell the program discs and license (depending on the user agreement) if you have completely removed the software from your computer and have no backup copies of that software. In other words, you can't use it if you sell it, and if you're using it you can't sell it.
Glenn,
He's talking about selling the previous version of his current software.
Kevs,
Read your EULA, the answer is probably there. Also, did you "upgrade" from Photoshop 7 to CS and Office 2001 to 2004 or did you outright buy "new" copies?
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Mac Elite
Join Date: Oct 2001
Status:
Offline
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Originally Posted by kevs
I'm using Photoshop CS and Office 2004.
Is it kosher to go on e bay and sell my CD's of PHotoshop 7 and Office 2001?
From whatever version of Office I have:
9. SOFTWARE TRANSFER. Internal. You may move the Software to a different Computer. After the transfer, You must completely remove the Software from the former Computer. Transfer to Third Party. The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, Additional Software/Services, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.
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Genius. You know who.
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Mac Elite
Join Date: Aug 2003
Status:
Offline
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I upgraded, hence, it seems I'll just keep those dusty cds in the drawer. thanks!
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Registered User
Join Date: Oct 2003
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I think this depends on the laws of your country. Eulas are not always valid although the companies would like it that way. If they try to forbid what is allowed in your countrys law, the Eula is not valid. Usually, if you have bought something, be it hardware or software, you are always allowed to sell it.
Adobe allows transfer of licenses, they even have a service to transfer registrations.
Basically, if you buy an upgrade, you cannot sell the license of the old version because thats your only full license. The upgrade license does not qualify for a full version.
If you buy a new full version, you can sell the old software with the license. You have to stop using it then.
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