[comp.lang.fortran] Buying used comp & software

acrosby@uafhp.uark.edu (Albert Crosby) (06/28/91)

In article <677@equinox.unr.edu>, lsmith@unssun.nevada.edu (The Master) writes:
>  Suppose I buy a used computer, and the hard disk is loaded with
> software. W.P., Lotus, DB4, all the goodies... The original owner
> bought the software and a license to install it on his computer.
> So the software is legal, right? Now he sells the computer. Does
> the software license transfer along with the computer and software,
> or does it stay with the original owner, who kept the floppies but
> does not now have a computer?

To answer your question shortly:  NO, you don not have a license to the software in the case you describe.  The original owner, who kept the original materials, is still the licensed user, regardless of the fact that he might not have a computer at the moment.

To give you an example of the license wording, this is quoted from the WordPerfect 5.1 license agreement (quoted without permission):

2  You may not sublicense, rent or lease the Software, but you may permanently
   transfer your license to use the software and accompanying materials by 
   delivering to another party the original materials comprimising the software
   package, including the title page of the reference manual and by 
   simultaneously destroying all copies of the Software and accompanying
   materials in your possesion.  Such transfer terminates your license to use
   the Software.  The new recipient of the Software and accompanying materials
   accepts this Agreement and is licensed under the terms of this Agreement
   upon initially using the Software.

I've never seen a commercial software package that didn't have a similiar paragraph in its license, unless it completely forbade you to transfer your license.  (Yes, some companies used to, and still do, follow that practice.)  In any event, it clearly answers your question.

Albert