A US court has authorized the resale of "used" software!
There was a Timothy Vernor in the USA who bought second-hand programs and video films on garage sales (usually when moving, the owner puts used things in the garage and anyone who wants it gets them without guarantees, but at a low price). Timothy put his purchases on eBay and lived on the difference in price. Everything went fine until, when among the b / y programs he turned out to be versions of AutoCAD. Autodesk (the owner of AutoCAD) considered that the occupation of Timothy was illegal and took actions to close his account on eBay.
The essence of the claims: Autodesk does not sell the program, but only licenses their copies. Thus, the owners of the programs are not really any owners, but only those who have received the right to use. And you can not resell this right. However, the characteristics of the transaction indicate that this is exactly the sale. In particular, a user on the Autodesk website sees the word “Buy” (“Buy”), pays money immediately without further deductions and obligations to return the software after a certain period of time. Moreover, buyers have the opportunity to lease AutoCAD from certain companies as an alternative to a regular purchase. It is also important to note that Timothy did not unpack these programs and did not install them on his computer and therefore the license agreement does not apply to him (only to the original owners).
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The court sided with Timothy and his defenders and ruled that the deal was a sale, no matter how I called it Autodesk or other companies. This means that second-hand programs can be treated as something like second-hand books, on account of which in the USA there are a lot of laws allowing their resale.
If the court decision is approved after the appeal, it can quite seriously affect the current situation in the industry. If the software is simply sold, then installing and running it no longer requires an agreement with any license. In particular, this means that reverse engineering of programs cannot be prohibited through a licensing agreement.
Original (eng. Language): arstechnica.com/news.ars/post/20080523-court-smacks-autodesk-affirms-right-to-sell-used-software.html
The essence of the claims: Autodesk does not sell the program, but only licenses their copies. Thus, the owners of the programs are not really any owners, but only those who have received the right to use. And you can not resell this right. However, the characteristics of the transaction indicate that this is exactly the sale. In particular, a user on the Autodesk website sees the word “Buy” (“Buy”), pays money immediately without further deductions and obligations to return the software after a certain period of time. Moreover, buyers have the opportunity to lease AutoCAD from certain companies as an alternative to a regular purchase. It is also important to note that Timothy did not unpack these programs and did not install them on his computer and therefore the license agreement does not apply to him (only to the original owners).
')
The court sided with Timothy and his defenders and ruled that the deal was a sale, no matter how I called it Autodesk or other companies. This means that second-hand programs can be treated as something like second-hand books, on account of which in the USA there are a lot of laws allowing their resale.
If the court decision is approved after the appeal, it can quite seriously affect the current situation in the industry. If the software is simply sold, then installing and running it no longer requires an agreement with any license. In particular, this means that reverse engineering of programs cannot be prohibited through a licensing agreement.
Original (eng. Language): arstechnica.com/news.ars/post/20080523-court-smacks-autodesk-affirms-right-to-sell-used-software.html
Source: https://habr.com/ru/post/26257/
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