[comp.sys.ibm.pc] Legality of "old" software disposition

djo7613@blake.acs.washington.edu (Dick O'Connor) (09/25/89)

I generally keep up on legal issues in the software world, as best I can.
But a user came up with a query the other day that I couldn't give a
clear answer to, so I petition for a dose of net.wisdom to help me advise
this user.

She purchased a copy of First Publisher, Version 2 I guess, some time back.
Then she upgraded to the next number (2.1?), and was sent a new manual and
an entire new disk set...in other words, "the works."  The upgrade price was not
equivalent to the purchase price, but was more like $30 as I recall.

Her question was, "Can I give my copy of 2.0 to my folks, for playing
around on their home PC?"  This stumped me a bit from the purely legal
standpoint (I *know* it happens a lot in "reality").  If you actually
"owned" the software, the answer would be YES, but since you only license it,
probably the answer is NO.  But does that restriction bar you from RESALE
only, or from all possible "redistribution," including charitable donations?
(One might argue that donation to parental users might fall in that
category!)  Does "simultaneous use" come into play here at all?

The more I thought about it, the more questions came up.  What does
Microsoft want QuickBasic 4 owners to do with QB Version 3?  Can IT be
given away freely?  Or Central Point, whose PC Tools Version 5 
completely obviates the need to keep old versions like 4.3 around...would
they prefer users hang onto them, or can THEY be recycled, again
without compensation?

Perhaps there's a general principle here; perhaps it's a variable,
depending on the company involved.  What do YOU consultants and
advisors say when YOUR people ask you?

"Moby" Dick O'Connor                            ** DISCLAIMER: It would
Washington Department of Fisheries              ** surprise me if the
Olympia, Washington  98504                      ** rest of the Department
Internet Mail: djo7613@blake.u.washington.edu   ** agreed with any of this!

mbb@cbnewsh.ATT.COM (martin.b.brilliant) (09/26/89)

From article <3772@blake.acs.washington.edu>, by djo7613@blake.acs.washington.edu (Dick O'Connor):
> .....
> She purchased a copy of First Publisher, Version 2 I guess, some time back.
> Then she upgraded to the next number (2.1?), and was sent a new manual and
> an entire new disk set...in other words, "the works."  ......
> 
> Her question was, "Can I give my copy of 2.0 to my folks, for playing
> around on their home PC?"  .....  If you actually
> "owned" the software, the answer would be YES, but since you only license it,
> probably the answer is NO.

Read The Fine Print. (RTFFP, maybe.)  The FFP on some software packages
says you have bought a nontransferrable license.  On other packages the
FFP says you can transfer the license if you don't keep any copies.  In
either case, making a copy for someone else while you use the original
is an obvious violation of law.

If you are given a copy, the FFP has to tell you what you are allowed
to do with it, and with the original.  If the original license you
bought covers both copies, you can't give away the original because you
have no license to give away with it.  If you got a new license for the
new version, and the original license is transferrable, you can give
away the old license with the old version.

If the FFP doesn't specify, I would assume you can do what you like;
any software peddler who doesn't tell you that deserves no sympathy.
Look: you paid for a new 2.0, plus a smaller amount for the upgrade,
and you have your money's worth: a new 2.1, plus an old 2.0.  The
publisher might even consider 2.0 as a demo version.  The new holder of
the old 2.0 is not registered, and therefore would have to pay full
price for 2.1, so it's a floating advertisement for 2.1.

> Perhaps there's a general principle here; perhaps it's a variable,
> depending on the company involved.  What do YOU consultants and
> advisors say when YOUR people ask you?

Excuse me for butting in.  All I know is what I R in TFFP.  But that's
all some consultants and advisors have to go by.

M. B. Brilliant					Marty
AT&T-BL HO 3D-520	(201) 949-1858
Holmdel, NJ 07733	att!hounx!marty1 or marty1@hounx.ATT.COM

Disclaimer: Opinions stated herein are mine unless and until my employer
	    explicitly claims them; then I lose all rights to them.

mvolo@uncecs.edu (Michael R. Volow) (09/26/89)

In article <3772@blake.acs.washington.edu>, djo7613@blake.acs.washington.edu (Dick O'Connor) writes:
> She purchased a copy of First Publisher, Version 2 I guess, some time back.
> Then she upgraded to the next number (2.1?), and was sent a new manual and
> an entire new disk set...in other words, "the works."  The upgrade price was not
> equivalent to the purchase price, but was more like $30 as I recall.
> 
> Her question was, "Can I give my copy of 2.0 to my folks, for playing
> around on their home PC?"  This stumped me a bit from the purely legal
> standpoint (I *know* it happens a lot in "reality").  If you actually
> "owned" the software, the answer would be YES, but since you only license it,
> probably the answer is NO.  But does that restriction bar you from RESALE
> only, or from all possible "redistribution," including charitable donations?

A related question is, suppose I have a software package that is no
longer manufactured or available, make it a relatively inexpensive one
at that ($40). I still use it occasionally and don't want to part with
it. But my friend wants one too, can't buy one because it's no longer
produced. I would guess that legally I should not give him a copy of
it. If it were an out of print book, unavailable second-hand, I would
have no qualms about xeroxing it. But I don't know if this applies to
software.

M Volow, VA Medical Center, Durham, NC 27705
mvolo@ecsvax.UUCP           919 286 0411

jcmorris@mbunix.mitre.org (Joseph C. Morris) (09/27/89)

In a recent article djo7613@blake.acs.washington.edu (Dick O'Connor) writes:
>
>                                                          What does
>Microsoft want QuickBasic 4 owners to do with QB Version 3?  Can IT be
>given away freely?  Or Central Point, whose PC Tools Version 5 
>completely obviates the need to keep old versions like 4.3 around...would
>they prefer users hang onto them, or can THEY be recycled, again
>without compensation?

In a word, NO.  When you made your original purchase, you acquired the
physical media (disks and documentation) along with the license to
possess and use the program.  Purchasing a subsequent upgrade doesn't
buy you a new license, only new media and the right to use it under 
your original license.  In other words, all copies you've received are
covered under the same license, which probably says you can transfer
all (but not less than all) material in your possession to a third
party.  You can't give the outdated copies to anyone else unless you
give them your current copies as well.

Some vendors (such as Microsoft) have recently begun to include an insert
in their upgrade packages which say much the same as I have here.

scjones@sdrc.UUCP (Larry Jones) (09/27/89)

In article <1989Sep26.015940.845@uncecs.edu>, mvolo@uncecs.edu (Michael R. Volow) writes:
> 
> A related question is, suppose I have a software package that is no
> longer manufactured or available, make it a relatively inexpensive one
> at that ($40). I still use it occasionally and don't want to part with
> it. But my friend wants one too, can't buy one because it's no longer
> produced. I would guess that legally I should not give him a copy of
> it. If it were an out of print book, unavailable second-hand, I would
> have no qualms about xeroxing it. But I don't know if this applies to
> software.

You may not have any qualms about it, but it is still quite
illegal and is a real good way to get sued.  A copyright holder
is in no way obligated to make copies available and the mere fact
that something is out of print does NOT remove the copyright
protection.  This is a common problem with sheet music since it
is frequently published for relatively short periods of time,
relatively few copies are published, and it is almost never
available second-hand.  Quite a number of schools and churches
have been sued for making additional copies of old scores which
were no longer available.

The same is true of copyrighted software.  There may be little
chance of your getting caught, but it is still illegal.

DISCLAIMER:  I'm not a lawyer, nor do I play one on TV.
----
Larry Jones                         UUCP: uunet!sdrc!scjones
SDRC                                      scjones@SDRC.UU.NET
2000 Eastman Dr.                    BIX:  ltl
Milford, OH  45150-2789             AT&T: (513) 576-2070
"I have plenty of good sense.  I just choose to ignore it."
-Calvin

Ralf.Brown@B.GP.CS.CMU.EDU (09/27/89)

In article <72347@linus.UUCP>, jcmorris@mbunix.mitre.org (Joseph C. Morris) wrote:
 >In a recent article djo7613@blake.acs.washington.edu (Dick O'Connor) writes:
 >>                                                          What does
 >>Microsoft want QuickBasic 4 owners to do with QB Version 3?  Can IT be
 >>given away freely?
 >
 >In a word, NO.  When you made your original purchase, you acquired the
 >physical media (disks and documentation) along with the license to
 >possess and use the program.  Purchasing a subsequent upgrade doesn't
 >buy you a new license, only new media and the right to use it under 
 >your original license.  In other words, all copies you've received are
 >covered under the same license, which probably says you can transfer

What about the case in which you get an entirely new license agreement to
sign and send in (along with full manuals)?

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leonard@bucket.UUCP (Leonard Erickson) (10/02/89)

As of a year ago, Microsoft's stand was that when you receive your
upgrade you are supposed to *destroy* the old version of the software.
You *definitely* may NOT transfer it to someone else unless you give
them the upgrade too (leaving you with nothing...)

On the other hand, Borland's stand is that you can do whatever you
please with the old version. If you upgrade to version X, you can
sell, give away, whatever, your copy of version x-1. 
-- 
Leonard Erickson		...!tektronix!reed!percival!bucket!leonard
CIS: [70465,203]
"I'm all in favor of keeping dangerous weapons out of the hands of fools.
Let's start with typewriters." -- Solomon Short