Path: utzoo!utgpu!news-server.csri.toronto.edu!bonnie.concordia.ca!uunet!microsoft!fredf
From: fredf@microsoft.UUCP (Fred FREELAND)
Newsgroups: comp.sys.ibm.pc.misc
Subject: Re: LEGALITY OF SELLING SOFTWARE
Message-ID: <70478@microsoft.UUCP>
Date: 5 Feb 91 17:07:27 GMT
References: <3929@orbit.cts.com>
Reply-To: fredf@microsoft.UUCP (Fred FREELAND)
Organization: Microsoft Corp., Redmond WA
Lines: 34

In article <3929@orbit.cts.com> reichard@pnet51.orb.mn.org (Kevin Reichard) writes:
>
>Um, I don't think any court has held it illegal to sell used software.
>

That may well be because no company has seen fit to prosecute anyone. Since
this is probably a very difficult crime to track down, it's often not worth
the effort. However, if any volunteers would like to step up, I'm sure someone
could establish a precedent.

The reality is, at least where Microsoft software is concerned, is that you
are specifically prohibited from selling previous releases of updated software.
Our licensing agreement says:

3. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but you may
transfer the SOFTWARE and accompanying written materials on a permanent basis
provided you retain no copies and the recipient agrees to the terms of this
agreement.  You may not reverse engineer, decompile, or disassemble the
SOFTWARE. If SOFTWARE is an update, any transfer must include the update
and all prior versions.

Now I think that's pretty straightforward.  If you sell your old software,
you're violating the licensing agreement and therefore are subject to
legal action. Just because you don't know about the rulings of judges 
across the country doesn't mean that it hasn't happened in the past or
wont happen in the future. It is, after all, explicitly prohibited by
a legally binding agreement between two parties.  Enough said. 



-- 
Frederick F. Freeland Jr.                        "Of all the things I've lost,  Microsoft Corporation                               I miss my mind the most!"   One Microsoft Way  
Redmond, WA 98052 (206) 882-8080                                                                                                                                internet: fredf@microsoft.beaver.washington.EDU                                 arpanet:  fredf%microsoft@uw-beaver.ARPA
uucp:     uunet!microsoft!fredf                                                                                                                                 Opinions expressed over this signature are my OWN and not those of my employer!