Software sales or "license transfers"

[metlmunchr]

Quoting Chagrin's quote:

"Ownership of a copy should be determined based on the actual character, rather than the label, of the transaction by which the user obtained possession. Merely labeling a transaction as a lease or license does not control. If a transaction involves a single payment giving the buyer an unlimited period in which it has a right to possession, the transaction is a sale. In this situation, the buyer owns the copy regardless of the label the parties use for the contract. Course of dealing and trade usage may be relevant, since they establish the expectations and intent of the parties. The pertinent issue is whether, as in a lease, the user may be required to return the copy to the vendor after the expiration of a particular period. If not, the transaction conveyed not only possession, but also transferred ownership of the copy."

- Softman v. Adobe

Folks, the above is a court ruling made in the USA. It carries the force of law and overrules any of the seller's legalese writings in conjunction with an original software sale IN THE USA. It has nothing to do with anyone outside the jurisdiction of the US.

This ruling says you own the COPY, much like you own the copy of a book you purchase.

Can you make copies of this software and sell them? NO. You don't own the software, just the same as you don't own "The Old Man and the Sea". In both instances, you only own the copy.

Can you sell YOUR COPY, which you legally own, by any means and to anyone whom you may choose? Absolutely. Ownership conveys certain rights. Among these rights is the right to sell or otherwise convey your copy to whomever you may choose without interference from the entity from whom you purchased the copy. Going back to the book example, do you think Hemingway's heirs are going to try to charge you a fee when you advertise and sell your copy on Ebay?

If the software requires an access key, is the original vendor obligated to provide this key to the new owner at no charge? HE IS NOT. He can charge whatever he may desire for this service, as there is no contractual agreement between the vendor and anyone past the original purchaser. He would, in fact, be under no obligation to provide the access key at all if he should so choose.

Is it legal to use "crack" software to gain access to use of a copy you legally own? YES. This is comparable to breaking a window to gain access to your own house. Perfectly legal. Break a window to gain access to your neighbor's house (or use crack software to gain access to software you don't own) and you become a criminal in so doing. Ownership is the ruling criteria. If you purchase software, it's smart to get a bill of sale and some evidence of the chain of ownership back to the original purchaser. Otherwise, it could be difficult to prove legitimate ownership of a legitimate copy, should the need arise.

Like in all other ventures, either spend the time and effort to learn what your rights are under the law, or elect to go thru life blind, dumb, and happy as you ask for permission to exercise your legal rights, only to find the person whose permission you seek wants to put his hand in your pocket one more time. If you decide to follow the path of ignorance, and get ripped off in the process, you have no one to thank but yourself. The internet gives us all easy access to case law on almost any subject imaginable without spending a cent. Quit surfing those porn sites in your spare time and spend a while looking at FindLaw. You'll be better off for the experience

[cadcam]

Is it legal to use "crack" software to gain access to use of a copy you legally own? YES.

you really believe you have the right. WRONG.

Were are you going with all this?

Updated to change the words I misspelled due to not taking the time to read before posting.
I also want to be sure to say thank you to metlmunchr for being so kind and considerate to point my mistakes out to me.

[Rekd]

Ok, that's enough.

That case has nothing to do with what we were discussing. It has to do with bundled and/or UNUSED software and re-sale of it.

You ARE bound to the license agreement that came with Bobcad. Period. If it states you can't resell it, you can't.

Discussion closed. Again.

[Kookaburra]

I'm with rekd. This discussion is not one for the zone.