Selling old Mac software: legal questions

[Phil St. Romain]

I sold my old copies of Clarisworks 5.0 and Claris Home Page 3.0 on eBay this past week. No qualms about it. I was the original owner, I don't use them any more, and you can't update anything from them.

Looking around my office, I see all sorts of other OS 9 software that I'll never use again. Some of it's like CW and CHP: older stuff that's come and gone.

But what about something like Adobe Golive 5.0? Now that I have 6.0, which works on OS 9 and OS X, I have no need, really, for 5.0. But if I sell it, someone can upgrade from it to 6.0, like I did.

Software licence for Golive 5.0 reads as follows: 4. Transfer. You may not rent, lease, sublicense or authorize all or any portion of the Software to be copied onto another users computer except as may be expressly permitted herein. You may, however, transfer all your rights to use the Software to another person or legal entity provided that: (a) you also transfer each this Agreement, the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, and all copies of font software converted into other formats, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software.

Sounds like I should be able to sell it so long as I get rid of all traces of Golive 5.0 and keep no copies of it. As it came bundled with nothing else, that should not apply.

Am I reading this correctly? What's that phrase about "pre-installed" software or hardware mean?

Anything else anyone of us needs to know about selling off our old software?

Phil

[mervTormel]

phil, i think that (a) statement is a catch-all clause for the Software that would preclude unbundling from a larger package, were it sold that way. it is prolly n/a for your package, so you can rest easy, rub your hands together and never worry about it again.

it sounds an awful lot like the license requires you to sell your whole rig, hardware, software and all. but that's ludicrous, so i wouldn't worry about the license police coming and mashing your small potatoes.

[Craig R. Arko]

Well, if your current version of, say, GoLive, was an upgrade rather than a full license I believe you are usually required to keep your old copy as proof of qualifying for the upgrade, and the whole is treated as a single entity.

Also, with pre-bundled software, like the copy of AppleWorks or Nanosaur that may have come with an iMac, the software license is tied to that bundle and can't be broken out and resold separately.

Some vendors will allow you donate the old versions to 501(c)3 non-profits or schools without violating the terms. It's a pain hey what? I got software so old it wouldn't even run on a Mac Plus, but I still keep it around for old times sake and museum value.

[kenddavis]

I believe Craig is correct. If you went out and bought a brand new license for the new version you can sell your old one. However if you upgraded, then the upgrade is attached to the original, following the chain all the way back to the the original purchase of the license. I have even read some licenses which require you to destroy all old versions after completing the install of the new version. This included disks, installs, and documentation. Freehand used to be that way, and may still. Unfortunately, I think Adobe would not be very happy with you if the person you sold it to tried to buy and upgrade and sent in the license number that is registered to you. I believe, the 'updates' mentioned, would include the upgrade you purchased.

[lerkfish]

I believe kendavis is correct...if purchased as a non-upgrade, you can sell it. (and i have on ebay with a letter transferring ownership)

[Phil St. Romain]

Just so you'll all know--I'm still walking the "straight and narrow" with Golive 5, VPC 4.0 and other software I've upgraded from.

Now if anyone wants to buy them and promise you won't try to upgrade from them . . . :cool:

[rudar]

Slightly different question, but on the same topic: I didn't see anything particular on the license that came with the pre-installed system, so assumed this would be OK, but the recent /. furor over M$'s policies on donated PC's had me wondering: If I were to walk out to the store, buy a tower and a Mac OS X Server license to use on it, would I then be allowed to transfer the license for the pre-installed OS X Client to a different computer?