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From: rps@homxc.UUCP (R.SHARPLES)
Newsgroups: comp.lang.c,comp.sys.ibm.pc
Subject: Re: MSC 4.0 SALE (CHEAP)
Message-ID: <2271@homxc.UUCP>
Date: Tue, 24-Nov-87 13:03:39 EST
Article-I.D.: homxc.2271
Posted: Tue Nov 24 13:03:39 1987
Date-Received: Sat, 28-Nov-87 06:30:06 EST
References: <2380@sfsup.UUCP> <1116@cg-atla.UUCP> <1568@bsu-cs.UUCP> <1150@looking.UUCP>
Organization: AT&T Bell Laboratories, Holmdel
Lines: 56
Summary: I think the encyclopedia example is appropriate.
Xref: mnetor comp.lang.c:5571 comp.sys.ibm.pc:10496

In article <1150@looking.UUCP>, brad@looking.UUCP (Brad Templeton) writes:
> If you order an upgrade to a piece of software, it is very clear that
> you are, of your own free will, paying for an addition to software you
> previously paid for, and not a new copy.
> 
> By paying for an upgrade you are stating that it *is* an upgrade.
> Unless you can claim ignorance of what a software upgrade is expected to be,
> this is a contract, even if it isn't written down.
> 
> You are both morally and in my opinion, legally bound not to sell what you
> have of the previous release.
> 
> >
> >Consider buying an encyclopedia.  The publisher encloses a coupon that
> >lets you get the next updated edition at a discount.  When you get the
> >new edition, can you not sell the old one?  (Hint:  this is a
> >rhetorical question.)
> 
> A lot of differences here.  The coupon is included with the first encloypedia,
> which means that as part of the package, you are purchasing a right to buy
> the next edition at a reduced price.  Or it could simply be an incentive on
> their part to get previous customers to repeat.
> 
...
> Brad Templeton, Looking Glass Software Ltd. - Waterloo, Ontario 519/884-7473

I believe that the if the manufacturer was selling you an upgrade at
a reduced price then it should be literally that!  It should not include
any material that has not changed since the last release, e.g. if an
include library hasn't changed it should not be re-issued.  Same with the
manual pages, etc..  However, it is much easier for Microsoft to make
up one version of C 5.0 for new customers and upgrades, so they send
current users duplicates of a large amount of the material.

I think the fact that MS does NOT require you to return the old 
disks/manuals OR destroy the old disks/manuals OR sign anything
saying that you may not sell/lend/give them to someone else, means
that you may do as you wish.  It is up to MS to protect these rights
(if they exist) if they want to use them.  

I believe the reason MS offers C 5.0 to a C 4.0 customer for a cheap
price is to promote brand loyality and prevent the market from drying up 
just prior to release of a new version.  

BTW - a quick glance at the MS C license says nothing about upgrades
and says that you are allowed to transfer the product to a third party
if that third party agrees to the terms of the license.

Russ Sharples
homxc!rps

NOTE:

The above in NO WAY reflects the opinions of AT&T.
These opinions are my own and the results of un-scientific and 
highly irregular analysis methods.