M Peasley Posted January 5, 2005 Share Posted January 5, 2005 Anyone out there know the basic legal situation when you buy used software generally? We all know that most software license agreements don't allow the owner to resell the software, even if it's reselling the original disks and everything. So I'm assuming most used software you see is being sold in violation of the license agreement. What I'm wondering is the legal status of the buyer of used software. Even if the software "wasn't supposed" to be sold, still, the stuff gets sold, we all know that. Is the buyer violating some law or the license agreement? Is the buyer at risk? I don't mean the risk of buying cracked warez or a demo or beta that times out or crashes. Assuming the software actually runs ok when loaded, etc. Can the buyer be in the clear legally even if the seller isn't? M Peasley Link to comment Share on other sites More sharing options...
Bbach1 Posted January 5, 2005 Share Posted January 5, 2005 The software should have an end user license agreement that would set out all their conditions. Most software is licensed to the original purchaser only and cannot be resold. I tried to buy some Peachtree accounting software a few years ago (used). Peachtree refused to allow me to buy the annual tax upgrades and told me I was running illegal softare. bbach Beauty is in the eye of the beer holder. Link to comment Share on other sites More sharing options...
RABid Posted January 5, 2005 Share Posted January 5, 2005 A few risks that the buyer takes. With samples and loops, you can take a financial hit if you release music and do not legally own the samples. Companies really watch commercials. Or maybe I should say they listen to commercials. Im not sure Cakewalk would prosecute you for using Sonar to create a song when you bought it used, but they will not support it or supply an upgrade path. As far as you are concerned, you to no own a right to use their software. Unlike sample loop developers, they dont seem to have a financial right to revenue from that song. A lot of companies are willing to consider you the owner, if they are contacted by the original owner. Usually a fee is required to transfer the license. With the speed of upgrades and the level of support from most sequencer companies I would consider it very important to have a legal copy of my DAW and instruments. I cannot imagine trying to buy another used copy every time a major upgrade is released, or even a bug fix. Robert This post edited for speling. My Sweetwater Gear Exchange Page Link to comment Share on other sites More sharing options...
Ed A. Posted January 5, 2005 Share Posted January 5, 2005 Bbach #1:That is not correct. User licenses can be transfered to a new user for products from Native Instruments, Propellerhead Software, MOTU, Ableton, U&I Software (Metasynth) and Camel Audio (Cameleon). I have personally sold software from these companies and transfered the license to the new owner through the company. It is perfectly legal and supported by these companies. I think MOTU was the only company that charges a small fee to do this (I remember about $50).The others do it for free. The only company that wouldn't let me do this is the company that sells SampleTank. As a result, I would never buy any of their products ever again. Link to comment Share on other sites More sharing options...
doug osborne Posted January 5, 2005 Share Posted January 5, 2005 Cakewalk, for example, prohibits reselling the software by its license, in exchange for a properly inobtrusive registration process (type in a serial number manually!). eMagic allows (or used to allow, pre-Apple) transferring the license - just inform them what serial number went to whom. I bought my copy of Logic 4.x on eBay for about $250, and upgraded to 5.x when it shipped for the reasonable upgrade charge. When 6.x shipped for Mac only, I sold it agian for nearly $500! This was in a small window where the owner could upgrade to the $1000 Logic 6 Pro for $200, so the new owner saved $300 by buying my dongle. It doesn't take much research to figure out how a particular company treats this, and I just weigh this info with everything else that is relevant when I decide to buy something. Doug Osborne Music on Bandcamp Link to comment Share on other sites More sharing options...
Michelle ggurl Posted January 5, 2005 Share Posted January 5, 2005 Originally posted by Ed A.: User licenses can be transfered to a new user for products from Native Instruments, Propellerhead Software, MOTU, Ableton, U&I Software (Metasynth) and Camel Audio (Cameleon). And Digidesign. Original Latin Jazz CD Baby "I am not certain how original my contribution to music is as I am obviously an amateur." Patti Smith Link to comment Share on other sites More sharing options...
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