At 05:05 PM 11/19/2002, Mike Reagan wrote:
But Altium is no way obligated to honor the sale or transfer of the software
either
Right. A software company would have a devil of a time trying to enforce copyright against a user who paid the original purchaser for a full transfer of the original user's rights. Users could not force the CAD company to honor, for example, upgrade rights, however, without going to court. It is unclear to me who would win such a contest, except maybe the lawyers. Definitely the CAD company would lose, overall, because it is sensitive to publicity -- or should be if it knows what is good for itself. Companies do not become successful by fighting in court against their customers, or even outside of court....

Now, given that the CAD company cannot effectively prohibit transfer (unless a true copyright violation takes place, not merely a violation of the user agreement as construed by the company), how is it going to deal with the new user who comes to it wanting to pay for upgrade? Is it going to say, no, you don't own that license, you will have to pay the full price of the new product, we will not accept your hefty upgrade fee? Is it really going to be so *stupid*?

Software products have next to zero incremental costs. I think the full implications of this have not yet penetrated the MBAs and accountants who sometimes have too much power in a company....

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