At 15:37:57 -0600 on 01/18/03, "zhmmy harper" <[EMAIL PROTECTED]> wrote:

>That isn't complicated at all is it?  What if you don't accept money
>for it or the software?  What if you lend it to a friend?  What are
>all the rights and wrongs of this social dillemma?

You're right it isn't that complicated.  Provided that the holder of 
the copyright doesn't prohibit transfer of the license, gift software 
can be freely given and accepted.  Remember, only the copyright 
holder can sell a license.  When you legally "sell" your software you 
aren't selling the license, you're transferring your license and 
selling the software physical media and printed manuals.

If the transfer is prohibited the situation is vastly different. 
Here a "veiled transaction" between friends would be pierced easily 
by the poorest prosecutor in the country.  It has to be presumed that 
currency, goods, or services are tendered for the license.

Some don't see any distinct difference between the two especially 
when the second-hand sale is a substantial portion of the price for 
the license.  That's why more companies are forbidding the transfer 
of license -- it appears that a cost of licensing is being collected 
de facto.

However, as the license allows for the use of the software on your 
machine, your friend could probably get away with using any software 
on your machine.

And don't try to arrange for "selling" the software back and forth 
between two machines as the demand occurs.  That also is too 
transparent in court.


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