At 1:33 PM -0500 4/7/2011, Thomas Ethen wrote:
There is no reason you can not sell software you legally purchased if you do
not have it installed on any of your computers any longer.
IF the software was bundled with the original purchase then the
license is NON-transferrable. The software must be sold WITH the
computer system.
At 12:11 PM -0700 4/7/2011, Bruce Johnson wrote:
he is the victim of a vigilante corporate enterprise which assumes
that you are guilty until proven innocent. The BSA has been
fearmongering the issue for a LONG time now, long before the MP3 was
a glimmer in anyone's eye.
Yea, the BSA has been known to be overzealous.
OTOH, they could be right in this instance. Donno, as we haven't
heard from Bill yet!
At 2:24 PM -0500 4/7/2011, Kris Tilford wrote:
You should ask eBay to relist the item and cite the case "Vernor v.
Autodesk" which specifically addressed resale of software on eBay.
This case was decided in favor of the reseller and against the
Autodesk and the BSA (Business Software Alliance) who had been
making the eBay takedown requests for Autodesk.
<http://en.wikipedia.org/wiki/Vernor_v._Autodesk,_Inc.>
As I understand it, that ruling is about the doctrine of first sale.
That is, a party's right to re-sell a legally purchased product vs
its license.
That is not the case here.
If the OS X disc is part of a retail shrink-wrap kit, then the BSA
overstepped it bounds and this should be corrected easily. Apple's
license contains no re-sale restriction of retail products.
But if the disc was *bundled* with a computer system when originally
purchased then the license is NON-transferrable -- so the software
and media must be sold WITH the computer system. Sites that permit
the sale of such OEM softwares are doing so at their own legal risk
with eye patch glued on.
- Dan.
--
- Psychoceramic Emeritus; South Jersey, USA, Earth.
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