13 Dec
2005
13 Dec
'05
6:28 p.m.
On 12/12/05, Chuck Guzis <cclist at sydex.com> wrote:
On 12/13/2005 at 12:24 AM 9000 VAX wrote:
In the US, the doctrine of first sale states that whether the EULA allows
transfer or not, the item may be transfered. (Of course this likely means
that since the transferee did not agree to the EULA, the EULA doesn't bind
the transferee. I don't know whether this has been tested in court.)
Of course, the doctrine of first sale can be read to only allow sale of the
original copy, not the copy on the hard disk. This may or may not depend
upon whether the original copy still exists. (Again I don't know whether
this has been tested, either.)
But regardless of what the EULA says, you can resell or give away the
original media, so long any you destroy any copies you may have.
One question. I often can find old abandoned
PC's. Most of them are
with software. Am I authorized to use the software I found? One step
further, could I copy them to my own PC and use them? Examples are MKS
tool kit, MS C 6.0, several versions of DOS, Qedit, PC tools. I admit
that I am not bothered by this issue. I am just curious about the
'main stream' opinion.
I suppose that would depend on the EULA, wouldn't it? Some permit
transfer
of license with or without charge, others don't.