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Resale of SW licenses as of Sep 2013?

Question asked by Joseph Dunfee on Sep 14, 2013
Latest reply on Sep 16, 2013 by Jeff Holliday

I know that this topic has come up before, but since this is something that has been in a state of flux over the years, I thought it best to start a new thread.

 

What is the current legal status in regards to the ability for a company to resale its SW software and license?

 

First, a bit of history. I know many years ago there was ruling by a judge that required Autodesk to permit resale of AutoCAD assets in the case liquidating a bankrupt company. Then, there was a later rulings permitting resale for any reason. Though, the original software vendor was not required to provide support or an upgrade path. 

 

What I am unsure of, was if the software vendor was permitted to put code into the program that required that any new installation go through an online verification process, which would be denied to any resold copies if this was done to prevent any kind of resale.

 

My modivation for checking into this is that I may be doing some future work for a company that simply cannot afford to purchase a seat of SW, but that is the software I prefer. An older version of SW is certainly up to their needs.  It may be that a company has an older seat they are not using, and was never upgraded, and so may want to sell it.

 

Even if I can purchase a seat with a serial # and activation code, I really prefer to involve the software vendor as a way to insure that I am purchasing a legitimate seat. I don't even mind a fee for the license transfer.

 

What is the current status of these things in the U.S.?

 

-Joe Dunfee

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