Recently on Habré there is a lot of controversy about software, its resale and licensing. In order not to be unfounded: here , here and there were several topics, which the authors of which mercilessly zaminusovali.
My professional duty is incl. and selling software and, accordingly, advising clients on licensing issues. I have been doing this for years, regularly passing the required tests of the right holders (that is, software manufacturers), I regularly participate in fights against BSA-group attacks. Therefore, I will try to explain in an accessible way what is going on in the software market.
None of the following is subject to legal, commercial, technical or any other accuracy. The whole topic is solely to facilitate the understanding of these issues among haboobschestvennosti.

moved to Dura Lex by prompt Alik_Kirillovich

Let's start from afar - how laws work.

Laws are like classes in OOP, i.e. there is a basic law - the constitution, its heirs are federal laws, the heirs of federal laws are laws of the subjects of the federation, and moving along this chain we reach for the EULA. In essence, an EULA is a law that governs the relationship of the software manufacturer (hereinafter the copyright holder) and the user of this software itself. Unlike classes in programming, a descendant may contradict a parent, only the sense of this zero - the rule specified in the law of a lower level will apply.
For example, the EULA says that it is impossible to modify the code under the threat of execution. If we do not plan to leave the territory of Mother Russia, we boldly spit on this ban, because in the Law of the Russian Federation “On the Legal Protection of Programs for Electronic Computers and Databases” it is said in Russian in white: “A person who lawfully owns a copy of a computer program or database is entitled, without obtaining additional permission from the copyright holder, to perform any actions related to the functioning of the program Computer or database in accordance with its purpose, including the recording and storage in computer memory, as well as the correction of obvious errors. "
In the Russian Federation there are two laws regulating the relations of the user, the copyright holder and all persons involved in the transfer of a copy of the software and / or rights to use it - this is the Law of the Russian Federation “On the legal protection of software for electronic computers and databases” and the Law of the Russian Federation "On Copyright and Related Rights".

Types of licenses.

Consider the types of licenses will be the example of Microsoft, as the copyright holder of the most common commercial software. All others have similar types of licenses, because knowing the Microsoft licensing scheme, it’s easy to deal with others. I am familiar with the GPL and other OpenSource licenses very superficially, and therefore I will not talk about them, I hope there are people on Habré who can do this.

According to law.

From the point of view of the law, there are three types of software:
• wrapping license;
• right to use;
• carrier.
Let's start with the simplest, below.
Media - there is nothing like a CD or DVD, on which the program is recorded. It may not be, the user is free to receive files via the Internet or on punch cards. It can make any number of copies on media that it likes. While all this stuff lies in the boxes, safes, bags and in any other places that your hectic imagination will tell you - there is no harm either for the right holder or for the user. But as soon as any executable file was launched from the media, the user needs a license. Otherwise, if caught - prison 
License - the right to use a copy of the software. This is what allows you to use the software, the terms of use and restrictions imposed by the copyright holder are described in the license agreement.
Wrapping license - a symbiosis of the first two types, is presented mainly in the form of so-called "box versions". Those. A distinctive feature is that both the carrier and the license are an integral part of each other.
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By copyright holder.

From the perspective of the copyright holder, there are six main types of licenses:
• OEM;
• boxed;
• corporate;
• for private use;
• educational and training;
• for government agencies.
Immediately make a reservation that I am talking about the most common types of licenses. In nature, however, there are regularly mixed types of two or more of the listed licenses.
The most well-known OEM license is the Original equipment manufacturer. As the name implies - this is a license for hardware manufacturers. Its distinctive feature is that it is an integral part of the hardware on which the software is installed. It can not be supplied without iron (each holder has its own iron list) in the normal case. But, as a rule, there is a reservation that the end user can purchase it, but then he assumes all the obligations that the iron manufacturer takes. Those. If you bought an OEM license for Windows and it did not start on your PC, these are exclusively your problems.
The box is both a license and a carrier, and usually also documentation, and a map for access to the hotline and something else on trifles. It is a product in itself. It can be installed and used on any piece of hardware for which it is suitable, provided that it will not be used and will be removed from the device on which it was previously used.
Corporate - a distinctive feature is that they can be used within the same organization and its affiliates, in the number of licenses acquired. There are many different licensing schemes, incl. and rental schemes, leasing, etc.
For private use - the best example is a DVD with a movie from the store, i.e. You can use as you like and as many times as you like, only not in public places and not for the purpose of making a profit.
Training and state licenses are very similar to corporate ones, they often cost ten times less, and even free of charge for relevant institutions. Prohibited to use for profit. As a rule, they allow using licensed products on home computers of student employees.

So what can be sold unnecessary from the software?

Oddly enough - almost everything.
By sale, we understand its essence, and not the contract of sale, i.e. that part (or the whole amount) invested in the software will return to us.
Licenses for education and government agencies are not resold, for the simple reason that such entities do not conduct commercial activities.
Box software - resold without any restrictions, except that it should be removed from the PC that was used before.
OEM software is resold easily along with the hardware on which it was installed.
Corporate, if the license permits it (and often it is), and the term of the corporate agreement is not over, it is resold, but with the involvement of the copyright holder, so that it will rewrite the agreement for a new user.
About private use - I will not lie, because There is no interest in this problem, so I don’t know.

Here, in short, that's all. I hope someone will help. Well in comments, if you get adequate questions, I will do another article. Those who love to pofludit and find fault with the accuracy of formulations - go to the forest - do not state on two pages of all the subtleties of licensing (the laws take up more), and, in the end, brevity is the sister of talent.

UPD: The reference to the laws is incorrect, the current law "CIVIL CODE OF THE RUSSIAN FEDERATION" (Civil Code of the Russian Federation) Part 4 . Thanks to getthe lawyer