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| Thread ID: 76232 | 2007-01-25 09:41:00 | Can bundled software be sold on by the recipient if not required? | Randolf (75) | Press F1 |
| Post ID | Timestamp | Content | User | ||
| 519202 | 2007-01-25 09:41:00 | I have just bought a new scanner with Adobe Photoshop Elements 4 included on a separate CD, sealed, and with registration number. As I already have this software on my computer, can I legally sell the CD to someone else? The CD is labelled "For bundles only, not to be sold separately", but I was thinking this might apply only to the original purchaser of the scanner. Could someone please clarify this for me? |
Randolf (75) | ||
| 519203 | 2007-01-25 10:32:00 | Normally such software is OEM (Original Equipment Manufacturer) versions which may have licence terms that make it unable to be sold under those conditions without the scanner. Indeed that is what the CD clearly states by the sound of it, which part of "not to be sold separately" causes you the confusion?. What is legal and what is possible will also be two different things in reality. |
godfather (25) | ||
| 519204 | 2007-01-25 17:31:00 | which part of "not to be sold separately" causes you the confusion?. As far as I'm concerned that's just ink. If the guy didn't sign anything to agree not to re-sell it then what law is he bound to to not on-sell the product. |
Greg (193) | ||
| 519205 | 2007-01-25 19:07:00 | What is legal and what is possible will also be two different things in reality. Luv it Godfather!!! I believe that the "Bundles only - Not to be sold separately" is for the original seller to stop his breaking up the unit deal. |
Bryan (147) | ||
| 519206 | 2007-01-25 20:28:00 | Yes, I understand the OEM situation, but does this apply to just the original seller. If I sell on as second hand goods does the law still apply? I mean, I'm not going to include the printer if someone wants to buy the Adobe photoshop CD. |
Randolf (75) | ||
| 519207 | 2007-01-25 21:17:00 | Yes, I understand the OEM situation, but does this apply to just the original seller. If I sell on as second hand goods does the law still apply? I mean, I'm not going to include the printer if someone wants to buy the Adobe photoshop CD. why don't you sell the original and keep the OEM copy? or is this too simple |
plod (107) | ||
| 519208 | 2007-01-25 23:19:00 | I have just bought a new scanner with Adobe Photoshop Elements 4 included on a separate CD, sealed, and with registration number. As I already have this software on my computer, can I legally sell the CD to someone else? The CD is labelled "For bundles only, not to be sold separately", but I was thinking this might apply only to the original purchaser of the scanner. Could someone please clarify this for me? Its not the software that you are selling, but the license to use the software. If you on sell the software, you will still be a seller, and the terms of the CD say that it can't be sold without the scanner, so legally, no you can't onsell it unless you sell the scanner with it. You could also contact adobe to confirm this. I do know of someone who tried to sell such software on trademe, and they had the auction cancelled after receiving compliants that they were onselling software that they weren't allowed to onsell. |
rogerp (6864) | ||
| 519209 | 2007-01-26 06:19:00 | IANAL but it's not so much that you can't sell the software - the licence terms must be accepted before they have any legal effect. The issue is that the recipient of the software could not legally use the licence without also purchasing the scanner, making your sale of the software misleading and possibly illegal through that avenue. | TGoddard (7263) | ||
| 519210 | 2007-01-26 06:31:00 | How much do you want for it? $25? |
Metla (12) | ||
| 519211 | 2007-01-26 06:47:00 | I'll give $30 | bob_doe_nz (92) | ||
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