Can I sell my licenses

[deliverer]

If I'm no longer using the product, am I allowed to sell my licenses? If so, is there a forum for this?

Thanks,

Deliverer

[ke6guj]

per the EULA,

2. Restrictions. The Product is comprised of proprietary software and materials and is protected by the laws of the United States, including but not limited to its copyright and patent laws. Licensee may not:
(c) resell, rent, use in a service bureau environment, sublicense or otherwise transfer rights to the Product to any third party;

[jmann]

Originally Posted by deliverer

If I'm no longer using the product, am I allowed to sell my licenses?

Likely yes, but your rights to do so varies by state. Your right to resell software is guaranteed by what is known as the First-sale doctrine.

The authors of the wikipedia article explain, "Federal district courts in California and Texas have issued decisions applying the doctrine of first sale for bundled computer software in Softman v. Adobe (2001) and Novell, Inc. v. CPU Distrib., Inc. (2000) even if the software contains an EULA prohibiting resale." SageTV, LLC. is located in California and is likely bound by this and similar case law.

Based on my interpretation of the court decisions, you would be free to resell the software because "as far as the purchaser is concerned the license is very similar to owning a copy in that it is paid for once for perpetual use of the software." (ref) However, this right may not extend outside of California and would vary by state.

**This opinion contains no warranty. No warranty is implied. **

[Fluffdaddy]

hum, very interesting

[reggie14]

Originally Posted by jmann

The authors of the wikipedia article explain, "Federal district courts in California and Texas have issued decisions applying the doctrine of first sale for bundled computer software in Softman v. Adobe (2001) and Novell, Inc. v. CPU Distrib., Inc. (2000) even if the software contains an EULA prohibiting resale." SageTV, LLC. is located in California and is likely bound by this and similar case law.

Playing lawyer is fun!

Playing devil's advocate, the court found that SoftMan had not violated the EULA because SoftMan never installed the software, and thus was never presented with the agreement (and certainly they didn't accept it). In this case it sounds like deliverer installed the software, thus having to accept the EULA. So, the SoftMan v. Adobe precedent may not apply.

[GKusnick]

Originally Posted by deliverer

If so, is there a forum for this?

Not here. The rules of these forums (which you agreed to when you signed up) specifically prohibit buying or selling anything.

[SHS]

Originally Posted by jmann

Likely yes, but your rights to do so varies by state. Your right to resell software is guaranteed by what is known as the First-sale doctrine.

The authors of the wikipedia article explain, "Federal district courts in California and Texas have issued decisions applying the doctrine of first sale for bundled computer software in Softman v. Adobe (2001) and Novell, Inc. v. CPU Distrib., Inc. (2000) even if the software contains an EULA prohibiting resale." SageTV, LLC. is located in California and is likely bound by this and similar case law.

Based on my interpretation of the court decisions, you would be free to resell the software because "as far as the purchaser is concerned the license is very similar to owning a copy in that it is paid for once for perpetual use of the software." (ref) However, this right may not extend outside of California and would vary by state.

**This opinion contains no warranty. No warranty is implied. **

You folks really need under stand above court decisions
Frist of all this on apply to a physical original press manufacturer CD of that software which dosen't apply to ESD (download software) nor home burn CD/DVD.