[Jim Harper]

Thank you Rapheal.

As stated, Apple was very helpful and clear on this matter. Since FCP 1 (which I own) is a separately licensed and paid for version of the software than the FCS 2 upgrade that I am selling, I was repeatedly assured by Apple that there was no issue. They told me the only thing I needed to make clear to the buyer was that he also needed a copy of FCP to use the upgrade (which I have done). I have read the license agreement as well, and since the software update is not the same as a paid upgrade (per Apple, not per me), they state that clause was of no concern to me and I can go shed and make the transfer.

I think what you may not realize, is that FCS3 license does not build on any previous FCS1 license. It only requires a valid FCP 1 license (which I will still have) to function.

[Jim Harper]

Thanks all for the spirited discussion. The good news is that I was in fact able to get in touch with a rep in Apple\’s professional services department. The rep, after checking with a senior rep, very clearly explained the difference between an upgrade (which I paid for) and an Apple Software update as referenced in the EULA. Bottom line is that I am within my rights to sell the upgrade only, since I paid for it and it has a separate license/serial number. In Apple\’s eyes, a software update with a full install is not the same as a paid upgrade.

Thanks again.

[Jim Harper]

Thank you Thomas.

That is my understanding as well.

My only sticking point is the EULA portion that says

“Updates: If an Apple Software update completely replaces (full install) a previously licensed version of the Apple Software, you may not use both versions of the Apple Software at the same time nor may you transfer them separately.”

I cannot find anywhere what the definition of an “update” is. It seems like an Apple Software update is different than an “upgrade”. So, it would be like if Apple released a download only version of FCS 2.5 – I could not run both that and FCS 2 on dif. machines or transfer separately. But, since I have a separately licensed version of FCP1 that cannot even be installed on my current Mac (let alone technically “replaced”, I should be good to go.

[Jim Harper]

Thank you David. I have no interest in pirating, or running afoul of the law or EULA.

That said, to Raphael’s point, I’d be keeping my copy of FCP version 1, which I would then use as the basis of future upgrades since it is no possible to move straight from FCP1 to FCS3. I don’t need FCS2, as it is no longer needed to upgrade to FCS3.

It would be as if I never bought FCS2, since that software is not needed for the upgrade.

Here’s a different example:

I own FCP 1
Then I upgraded to FCP3 using the license from FCP1
Then I upgraded to FCS2, using the license from FCP1 again

The license for FCP3 is no longer in use at all. Can I sell that?

Also, I did call Apple on this, and their tech guy said it was ok, but unfortunately, he could not provide legal guidance.

So confusing. Thanks for your input/patience all.

[Jim Harper]

Yes – that’s why I was hoping to sell the Studio 2 upgrade. I’ll actually end up making money by selling Studio 2, and upgrading to Studio 3 (from my original FCP license). The only issue is that I’m still not clear what Apple is referring to when they say “Software Update” (full install).

Interestingly, Tom Wolsky (FCP superuser on Apple Forums) thinks this is NOT ok at all.

https://discussions.apple.com/thread.jspa?threadID=2635743&tstart=0

Wish I could get a straight answer. I’m wasting a lot of time trying to do the right thing!

[Jim Harper]

Yes – that’s what I thought. Since I still have an earlier edition of the software that I am not selling, I thought I should be able to sell the FCS2 and buy the upgrade to FCS3.

So, to clarify. I already own FCP1, which I used as the base for the FCS2 upgrade.

I want to sell the FCS2 upgrade, but not my copy of FCP1.

I want to buy the upgrade (FCS3), and upgrade from my existing copy of FCP1 (that I used for the FCS2 upgrade, but since I’m selling that, is not currently tied to an upgrade)

My confusion is in Apple’s language about not selling the items separately. Is my old copy of FCP1 now forever tied to my FCS2 license, prohibiting me from selling my FCS2 without my copy of FCP1 included? It seems like it could be from the license agreement.

[Jim Harper]

If you have a previous version of Final Cut Pro – i.e. Final Cut Pro through when they when to Studio, that the Final Cut Studio 2 package you have upgraded, then, according to the gentleman I spoke with at Apple, you can sell it.

i.e. I own Final Cut Pro 1. I upgraded to Final Cut Studio 2 (Pro to Studio Upgrade). I’m considering an upgrade to Final Cut Studio 3. According to section #3 “Transfer” of the SLA (found on Apple’s site), I can sell my Final Cut Studio 2 upgrade, and then upgrade to Final Cut Studio 3 using my Final Cut Pro 1 disk. I confirmed this with the Final Cut Studio rep at Apple (via the support phone line).

What I can’t do, is sell both my Final Cut Studio 2 disk AND my Final Cut Pro 1 disk, and still keep a Final Cut Studio 3 upgrade.

Hope this helps!