OT: What are the laws regarding buying and selling used software?

[Alfred1]

Is it legal to buy software from someone who is the original purchaser of the software? I already own the latest version of Mathematica but I was surprised to see "used" versions for sale on Amazon.com ...

[914GT]

No different than buying a used book. As long as it's the original disks and not copies - should have the license agreement, and must have had the software removed from the previous computer - then it's perfectly legal to sell it or buy it used.

[Alfred1]

Thanks, but how does one unlock the software after you install it on your computer? For example, my Mathematica software is licensed in my name and if I need to reinstall it on my own computer, I have to phone Wolfram Research (makers of Mathematica) and give them my name, and the license number and, I think, even my phone number. I'm pretty sure that the software maker is going to want to make sure that somebody didn't just give me the CD and license number to illegally share the software. If I buy used software, is having just the license number going to be enough when I phone the software maker for the new number to unlock the software?

[914GT]

Guess you'll just have to call and find out. Software that limits # of installs and printer port dongles are a real PITA but I can understand why they do it. These methods work in contrast to Windows XP's activation system which were cracked a long time ago. So all you can do is call the company and explain that you are the new owner and hopefully they won't hit you up for more $$.

[Alfred1]

I asked Performance Trends what it would take to buy their Engine Analyzer Pro software used and they said that I would have to pay a minimum $150 "transfer fee" and provide the original owner's name so he could be de-authorized.

[914GT]

What a rip. They're as bad as the state MVD.

[Rich Hilgersom]

This is not legal advise...but in the computer field this is what we do.

The trick is to up the stakes for the software vendor.

Explain it this way:

If I have software with strings attached to license then I consider it leased software no matter what the license says.

(Its mine or its yours, take your pick. You cant charge extra for somethig I own)

You as a software vendor will now be responsible for fixing each and every bug immediatly upon notification since I am entitled to perfectly running software.

(I did not buy the software, hence you are responsible to provide perfectly running software durring my lease duration).

The argument rests on the fact you can not lease an item you know is defective. If someone pays you money for a lease they are entitled to have whatever it is in good working order.


-Rich Hilgersom


Additional....providing the other owners name may be illegal in some states. I tell them I bought the items at an auction. As long as you have the original stuff its the vendors responsibility to get it working. You are not responsible for making the previous owner delete other copies.

[Alfred1]

Rich and Guy, thank you both for the advice. Rich, so you've actually bought used software at an auction and were able to get the number to activate it by phoning the software maker with the license number and explaining to them that you bought the software second hand?

[Rich Hilgersom]

Yup, in the Bay Area all the dot bombs sold off huge amounts of software and hardware.

It depressed the local market quite a bit last year. Cisco went as far as going around and making large buybacks to keep their prices up.

-Rich