License issue

[Walter Biscardi]

That would probably be worth an email or call to Apple Tech Support, or if you have an Apple Store in your area, pay a visit to them. There should be a way for you to register the software yourself if it is a legit copy and the original owner is the one selling it to you. But since I really don’t know all the legalities, you’d be better served by asking Apple direct.

Walter Biscardi, Jr.
https://www.biscardicreative.com

Now editing “Good Eats” in HD for the Food Network

“I reject your reality and substitute my own!” – Adam Savage, Mythbusters

[Bouncing Account needs new email address]

For reference, it is generally legal to re-sell commercial software (the original, not a copy).

Consider that all of the legitimate “USED CD and GAME” stores are doing the same thing.

If an individual copy of manufactured software is actually a “commodity” (dictionary.com defines as: “Something useful that can be turned to commercial or other advantage.”) then it has a “value” as a distinct “thing”.

That “thing” can be owned by an individual.

That individual has the right to “transfer ownership” of that “thing” (sell, give away, bequeath) to another individual.

If you substitute “car” for “thing” above, you get the idea.
Wouldn’t carmakers love to make it only legal to sell a new car to the original buyer and make re-selling it a crime?

You can also substitute “license” for “thing”. In that case, the “use license” becomes the commodity.

No, if software makers expect to put a “value” on EACH COPY of their product and force individuals to purchase a “separate item” of it for his private use, they must also agree that it can be transferred from one end-user to another.

The unique issue here is that it is not possible “copy” a fully usable car and sell the copy.

So with software, the legality hinges on that the person who transfers the ownership must NOT keep a copy himself or sell YOU a copy (and he keep the original).

(There are provisions for a “new owner” to re-register software).

— Not a lawyer, but I watch them on TV 😉

[Gary Hughes]

Usually, what Matte is saying is correct. I’ve sucessfully had an Adobe license transferred to me before, from an ebay purchase. However, it is up to the individual software makers to decide whether or not to allow that.

I know from first-hand experience that Discreet’s policy is that the license belongs to the original purchaser and can NOT be transferred to another person/company. The only transfer of license that Discreet allows, is if a company is legally bought out by another company, then they require certain documentation from lawyers proving the corporate changes are real.

I bought an unopened and unregistered discreet combustion on ebay. Discreet even confirmed that it was unregistered, but when I tried to register it, they wouldn’t allow me to because they had a record of who bought that serial number and it wasn’t me. They see licensing and registration as two completely different things. Licensing is to the original purchaser and registration comes later, but still must be to that original purchaser.

The moral of this story is, ebay can have some great deals, and some of them are legit. When it comes to buying software on ebay, always know the software makers rules for Transfer of License (TOL) before bidding. Don’t take the word of the seller, contact the software maker directly to find out if they allow it. Then, be sure that it is unregistered or that the seller is the current owner of registration. AND, never buy Discreet products from anyone other than a legit Discreet reseller.

Thanks,
Gary

[Chris Babbitt]

My guess is that if the person selling the software used the license to upgrade to a newer version, then that license would not be transferrable.

[Bret Williams]

Well he COULD transfer the license to you. And then HE would be the one breaking the law by using his upgraded copy which he upgraded using your license. Sounds messy.

I actually bought FCP 1.2 on Ebay originally. It was advertised as new, shrinkwrapped and in the box. The person selling it said it was actually a prize or something he had won, and had no use for. I registered it no problem and have upgraded that license all the way to version 5. My after effects also started out as an ebay purchase. Version 3 academic I think. I called Adobe and asked if I could upgrade version 3 academic to version 4 pro non-academic. They said sure. I did, and had no problems.

Looking back it wasn’t worth the couple hundred bucks for the risk and the hassle, but I was pretty poor in those days. 🙂