Ian Greenway said, 

> Neil bothwick said, on the issue of upgrading NC2-NC3:

>> If you want to own both, buy both. The upgrade is just that, you are
>> moving from NC2 to NC3. If you trade in your car for a newer model, you
>> don't expect to keep the old car too.

> But its not a trade-in, its an "upgrade".  Software has always been an
> area of difficult legality since it is by nature copyable, yet
> copyrightable.  Many software companies have taken it upon themselves
> to elevate their product above normal laws and rights by limiting its
> usage. For example, some software will only allow itself to be
> installed once then refuses to install again, or the terms of usage
> prevent lending, reselling, using more than one copy at once, etc. 
> Some such limitations are acceptable, others IMHO are ridiculous.  If
> I buy a spade I can lend it to someone, dig more than one hole with
> it, sell it and get it repaired when it breaks. I can make my own too,
> if I want.

But you can't make a copy of it and sell that copy, which is effectively
what you do when selling the old version of upgraded softeware. The
point of an upgrade is that is linked to the old version, it's not a
standalone pack. It's the software required to upgrade your existing
installation to a new level. Because of this, the upgrade is not a
product on its own, the original and upgrade form  one entity.

> The point is that software is a bit different to other products,
> including the concept of upgrades.  The original idea meant by the
> word "upgrade" is a cheaper route to a new version by dint of being an
> existing customer.  You are not trading it in, you still retain
> ownership of the old version.  Software companies will moan and
> complain but I cannot see any justification in objections to you doing
> what you please (re-selling, etc) with the old product, which you own.

You are confusing the physical media with the licence to use the
product. When you upgrade from NC2 to NC3 you still only have one
licence for NetConnect, so you can't sell part of the package to someone
else. It's precisely because of this confusion between media, software
and licences that companies ask for the original media to be returned.

> Nobody forces the companies to offer the upgrade.

And no one is forcing you to buy it. If you want to sell your old
version, buy a full version of the new product. Depending on the
relative prices, it may be a more cost-effective move.

> Having said all that, I expect that Eyetech's aims are to see if the
> would-be upgraders have genuine NC2's or copies.  Perhaps someone
> could persuade them to send back the old NC2 cd after they've checked
> it, if that is what they're up to. Otherwise it is, IMHO a trade-in,
> not an upgrade.

And what's thew difference? You still have your old NC2 installation,
plus however many backups you keeps. If they send it back, you can then
sell it on and break the licence, depriving them of a sale.


Neil
-- 
Neil Bothwick - New Media Editor, Amiga Active Magazine
Connected via Wirenet - http://www.wire.net.uk
The UK's first Amiga-only internet access provider
--
A consultant is a person who borrows your watch, tells you what time it
is, pockets the watch, and sends you a bill for it.

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