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Archiver > GENBRIT > 2005-09 > 1125633856


From: Rod Neep <>
Subject: Sales of CD's on Ebay - Licences
Date: Fri, 2 Sep 2005 04:04:16 +0000 (UTC)
References: <df4hk3$mt8$1@newsg1.svr.pol.co.uk><df4nus$eo7$1@nwrdmz01.dmz.ncs.ea.ibs-infra.bt.com><4315f45b$0$97101$ed2619ec@ptn-nntp-reader03.plus.net><3nmbr6F27lm5U1@individual.net> <l1nRe.174$t_4.87@newsfe2-win.ntli.net><8TnRe.182844$Fp5.10094650@phobos.telenet-ops.be><Xns96C3D96631CCApetergoodeyngyahooco@158.152.254.254><uWARe.183275$ZM4.10196099@phobos.telenet-ops.be><3np1c2F2ku0fU1@individual.net><BpJRe.183696$Zy.9713734@phobos.telenet-ops.be><3npcliF2j4qpU1@individual.net>


In message <>, Barry Ruck
<> writes
>
>
>CWatters wrote:
>> "Barry Ruck" <> wrote in message
>> news:...
>> > >
>>>> http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/1998_2/robertson/
>>>>
>>> Totally irrelevent.
>>
>> If you think so. It's the nearest I could get to a relevant legal
>> case using Google.
>>
>> Have you had any luck finding on that support your view that ....
>>
>>> Onced purchased, the CD is my property. If I decide to sell it
>>> on eBay then it is my right to do so.
>
>Excuse me ? I bought it. I own it. I can resell it untill such time as an
>English Court tells me I can't.
>
>The Right Of Ownership goes back rather a long way.
>

That's a very common misconception when it comes to software.

Try this from Microsoft's licence of its software, in this case
Microsoft Office:

"RESERVATION OF RIGHTS AND OWNERSHIP.
Microsoft reserves all rights not expressly granted to you
in this EULA. The Software is protected by copyright and other
intellectual property laws and treaties. Microsoft or its
suppliers own the title, copyright, and other intellectual property
rights in the Software. The Software is licensed, not sold."

You don't own it. All you have done is purchase a licence to *use* it.
And it also means where it says "non-transferable licence" in the
wording, that, literally, it cannot be transferred to someone else. I.e.
It cannot be sold on to another person. (That's because you don't own
it).

The same applies to almost all software. (Including genealogy stuff).
Time to look at some of the licences on your software ;-)

Of course, if you don't want to accept Microsoft's (or any others')
licence, then you should *immediately* send the product back for a
refund. But don't expect them to play ball if you have already used the
software for a while ;-)

If someone sells a product on Ebay that is licenced to *them*, then they
really are infringing the licence.

Can the licence be enforced? Microsoft appears to think so, and they are
big enough to have the clout to make examples of people every so often
(and they do!). And following on from that..... do the people who have
bought second hand copies on Ebay have a licence to use the software?

Nope. ;-)

Cheers
Rod

--
Rod Neep
Archive CD Books : http://www.archivecdbooks.org
British-Genealogy: http://www.british-genealogy.com

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