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From: mcdonald@aries.scs.uiuc.edu (Doug McDonald)
Newsgroups: comp.sys.ibm.pc.misc
Subject: Re: LEGALITY OF SELLING SOFTWARE
Message-ID: <1991Jan31.160702.22809@ux1.cso.uiuc.edu>
Date: 31 Jan 91 16:07:02 GMT
References: <152@thor.UUCP> <3929@orbit.cts.com>
Sender: news@ux1.cso.uiuc.edu (News)
Organization: University of Illinois at Urbana
Lines: 38


In article <152@thor.UUCP> scjones@thor.UUCP (Larry Jones) writes:
>In article <3929@orbit.cts.com>, reichard@pnet51.orb.mn.org (Kevin Reichard) writes:
>> fredf@microsoft.UUCP (Fred FREELAND) writes:
>> >In article <1991Jan24.091048.2269@vax5.cit.cornell.edu> merx@vax5.cit.cornell.edu writes:
>> >>... so I am looking for your unused or out of date old version of
>> >>Quick Basic, Turbo Basic, Power Basic (of any Basic that can be compiled) I
>> >
>> >What you propose is probably illegal.
>> 
>> Um, I don't think any court has held it illegal to sell used software.
>
>It depends.  In most cases, when you upgrade to a new release of
>software the upgrade is considered part of the original package
>and the license agreement prohibits selling part of the package.
>You have to sell everything or nothing.  Various vendors have
>different policies, however, so you should check your license
>agreement or contact the company if in doubt.  (There are some
>companies who actually encourage recycling of upgraded packages
>as a form of advertising!)
>


The part of this in single > marks assumes that what a vendor tells you
is legal. In most states (all states) and in most courts, the stuff
taht a vendor is trying to enforse with a so-called "license" is
not binding on the purchaser. In general it is safe to assume that
for a contract to bind you, the purchaser, it must be agreed to you
in writing before the sale. So yes, you can indeed sell those
old versions of software (as long, of course, as you didn'ty actually
sign a license agreement that says otherwise.)

The operative question is "has any court held it illegal to sell used software
in the absence of a SIGNED BY THE BUYER license agreement".

Ok legal eagles, start answering the above question with legal citations.

Doug McDonald