Path: utzoo!utgpu!jarvis.csri.toronto.edu!mailrus!tut.cis.ohio-state.edu!bloom-beacon!oberon!pollux.usc.edu!papa
From: papa@pollux.usc.edu (Marco Papa)
Newsgroups: comp.sys.amiga
Subject: Re: Used DPAINT [I & II] for sale
Message-ID: <16404@oberon.USC.EDU>
Date: 8 Apr 89 21:08:19 GMT
References: <16386@oberon.USC.EDU> <6789@ecsvax.UUCP>
Sender: news@oberon.USC.EDU
Reply-To: papa@pollux.usc.edu (Marco Papa)
Distribution: usa
Organization: Felsina Software, Los Angeles, CA
Lines: 36

In article <6789@ecsvax.UUCP> urjlew@ecsvax.UUCP (Rostyk Lewyckyj) writes:
>Since you are a commercial software author and publisher, I think it's
>appropriate to ask.
>Is it legal and/or ethical to sell the outdated copies of purchased
>software after one has upgraded to a more recent version?
>Is this only permissible if one has purchased a full new license for
>the new version of the program?
>Do you know if the purchaser of the outdated copies is generally
>permitted to also purchase "special upgrade price" upgrades?
>What is your i.e. Felsina Software co. policy on such transactions?

By law, I can do WHATEVER I WANT after I have purchased software, as far as
selling it, burning it, whathever.  Licensing agreements can only
(try to) limit the number of COPIES one makes for backup purposes.  As far
as "upgrading" is concerned, it is up to the publisher to decide how to
handle that.  EA makes sure that ONLY 1 copy can be upgraded by asking for
the PHYSICAL manual cover.  In the past when we handled registrations for
A-Talk Plus, we accepted "release" letters from poople that were selling the
software to a third party and releasing to them rights to future upgrades.
I know of other publishers that are doing the same. In the case of "large"
quantities, EA technique is probably the best, since only about 10% of users
are said to be returning their registration.  Other companies like MANX and 
Lattice, keep a very complete database of their registered users, and since
most of these depend on updates, they usually send in the registration card.
In this case, the control is much higher. Even in this case, one is free to
SELL 'old' copies of MANX and Lattice, though the purchaser won't be able to 
register them, and therefore upgrade them. The Lattice licensing agreement
states to "treat this software like a book".  As a used book that can be
resold, software can be resold.  When you get a New edition of a book,
possibly discounted, you don't lose the rights to sell the 'old' copy.

-- Marco Papa 'Doc'
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