Off-topic Question

  • Thread starter Thread starter Ryan Hayward
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Ryan Hayward

If I have bought software over the internet ( Forte Agent, ThumbsPlus,
Getright ) and no longer use the programs, would it be legal for me to
give the programs to a family member if I uninstall & no longer use
the programs on my computer ? ( including giving him the registration
codes )

I understand that some companies ask for permission for this but
shouldn't it be seen as the same as a physical product such as selling
a bike, videogame, xbox, computer etc etc.....where it is lawful to
sell or give away something you have bought ?




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Please be patient for my reply as I only log on Wednedays
and Saturdays to read messages & reply.
 
If I have bought software over the internet ( Forte Agent, ThumbsPlus,
Getright ) and no longer use the programs, would it be legal for me to
give the programs to a family member if I uninstall & no longer use
the programs on my computer ? ( including giving him the registration
codes )

I understand that some companies ask for permission for this but
shouldn't it be seen as the same as a physical product such as selling
a bike, videogame, xbox, computer etc etc.....where it is lawful to
sell or give away something you have bought ?
Click to expand...
It would depend on the End User Licence Agreement (EULA) which you are
supposed to have read and agreed to before installing the software.
This EULA could possibly be modified by the Trade Practices Act in
Australia. The ACCC, in their publication on Warranties and Refunds,
state:

<quote>
The Trade Practices Act implies the following
statutory warranties into consumer contracts.

The consumer is entitled to enjoy quiet
possession of the goods and to own the
goods outright (s. 69).

The warranty of quiet possession means that
the supplier or anyone claiming title through
the supplier will not disturb the consumer’s
quiet possession of the goods.

Owning the goods outright means that there
is no money owing on the product acquired.
If there is, the supplier of the good must
disclose any encumbrance or debt owed on
the goods before finalising the sale contract.
</quote>

This, to me, seems to preclude some EULA conditions and should mean
that you can transfer the software to a third party without penalty in
Australia. However I am not a lawyer and, if you are worried, you
should consult a lawyer for a definitive opinion.
 
If I have bought software over the internet ( Forte Agent, ThumbsPlus,
Getright ) and no longer use the programs, would it be legal for me to
give the programs to a family member if I uninstall & no longer use
the programs on my computer ? ( including giving him the registration
codes )
Click to expand...

depends not only on the "contract" with the software-provider , but also
on your national laws , but in general you are allowed to give it away
free or sell it .
 
do people really worry about software this much? It blows my mind
sometimes but i am a complete pirate ;)

--proph3t
 
If I have bought software over the internet ( Forte Agent, ThumbsPlus,
Getright ) and no longer use the programs, would it be legal for me to
give the programs to a family member if I uninstall & no longer use
the programs on my computer ? ( including giving him the registration
codes )
Click to expand...

< snip >

Why ask us ? Why not just email Forté etc. ?
 
It would depend on the End User Licence Agreement (EULA) which you are
supposed to have read and agreed to before installing the software.
This EULA could possibly be modified by the Trade Practices Act in
Australia. The ACCC, in their publication on Warranties and Refunds,
state:

<quote>
The Trade Practices Act implies the following
statutory warranties into consumer contracts.

The consumer is entitled to enjoy quiet
possession of the goods and to own the
goods outright (s. 69).

The warranty of quiet possession means that
the supplier or anyone claiming title through
the supplier will not disturb the consumer’s
quiet possession of the goods.

Owning the goods outright means that there
is no money owing on the product acquired.
If there is, the supplier of the good must
disclose any encumbrance or debt owed on
the goods before finalising the sale contract.
</quote>

This, to me, seems to preclude some EULA conditions and should mean
that you can transfer the software to a third party without penalty in
Australia. However I am not a lawyer and, if you are worried, you
should consult a lawyer for a definitive opinion.
Click to expand...

Thanks for all the replies to my post, much appreciated !




- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Please be patient for my reply as I only log on Wednedays
and Saturdays to read messages & reply.
 
do people really worry about software this much? It blows my mind
sometimes but i am a complete pirate ;)

--proph3t
Click to expand...

Some of us are god-fearing citizens :-)

To be honest, I just wanted to kill my curiosity about what a license
tells you to do versus what the law tells you what you can do.




- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Please be patient for my reply as I only log on Wednedays
and Saturdays to read messages & reply.
 
< snip >

Why ask us ? Why not just email Forté etc. ?
Click to expand...

I wanted to know if the law contradicts what they tell you what you
can do. A lot of you guys in here are very cluey which is why I wanted
to ask in here.




- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Please be patient for my reply as I only log on Wednedays
and Saturdays to read messages & reply.
 
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - Please be patient for my reply as I only log on Wednedays
and Saturdays to read messages & reply.
Click to expand...


Wednesday and Saturday for you may well be Thursday and Sunday for me.
Welcome to the rest of the world.
 
On Fri, 17 Jun 2005 09:49:02 +1000, John Fitzsimons
Click to expand...
I wanted to know if the law contradicts what they tell you what you
can do. A lot of you guys in here are very cluey which is why I wanted
to ask in here.
Click to expand...

I guess perhaps you misread the name of the newsgroup ? It is
alt.comp.freeware not alt.comp.lawyers . I would think that there are
few, if any, actual lawyers reading this group. Those who are may know
little about software copyright etc.

It would be very foolish to act on what people say here (in the legal
sense). Most (all ?) people here are simply giving an opinion. Which
may be nothing like the actual real legal situation.

Regards, John.
 
If I have bought software over the internet ( Forte Agent, ThumbsPlus,
Getright ) and no longer use the programs, would it be legal for me to
give the programs to a family member if I uninstall & no longer use
the programs on my computer ? ( including giving him the registration
codes )

I understand that some companies ask for permission for this but
shouldn't it be seen as the same as a physical product such as selling
a bike, videogame, xbox, computer etc etc.....where it is lawful to
sell or give away something you have bought ?
Click to expand...

In general, you can sell or give away your software. There are exceptions
and arguments, but not worth hiring lawyers for a $29.95 program. The big
ones (like AutoCAD, Windows, MS Office Etc) have been fought over in court
and are pretty much settled law. You can buy legitimate used copies over
EBay, so that's a pretty good indicator. EBay refuses to sell anything
illegal or controversial that is brought to their attention.

Here is an example:

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&category=41888&item=7163891839&rd=1&ssPageName=WDVW

-- Bob
 
It would be very foolish to act on what people say here (in the legal
sense). Most (all ?) people here are simply giving an opinion. Which
may be nothing like the actual real legal situation.
Click to expand...


Phooey on lawyers. Free people do not want or need to ask a lawyer every
time we need to make a $19.95 software decision. They get advice from
friends on such trivial matters, and that will do. Now, if they want to go
after a hamburger joint for 20 million bucks for making them fat, there's
enough money for everyone, including a greedy lawyer or 2.


-- Bob
 
In general, you can sell or give away your software. There are exceptions
and arguments, but not worth hiring lawyers for a $29.95 program. The big
ones (like AutoCAD, Windows, MS Office Etc) have been fought over in court
and are pretty much settled law. You can buy legitimate used copies over
EBay, so that's a pretty good indicator. EBay refuses to sell anything
illegal or controversial that is brought to their attention.
Click to expand...

Thanks for your comments bob.
Yes, I feel from a moral and perhaps legal point of view that I
wouldn't be doing anything wrong. Its not as if I am pirating or
stealing, simply giving away bought software to someone that I no
longer use.
 
Phooey on lawyers. Free people do not want or need to ask a lawyer every
time we need to make a $19.95 software decision. They get advice from
friends on such trivial matters, and that will do. Now, if they want to go
after a hamburger joint for 20 million bucks for making them fat, there's
enough money for everyone, including a greedy lawyer or 2.
Click to expand...

Just as long as they don't go after KFC.
It would kill me if they were to go out business, no more 20 piece
bucket feasts !!
 
On Fri, 17 Jun 2005 22:10:02 +1000, John Fitzsimons
Click to expand...
Phooey on lawyers. Free people do not want or need to ask a lawyer every
time we need to make a $19.95 software decision. They get advice from
friends on such trivial matters, and that will do.
Click to expand...

< snip >

That's fine by me. You appear to have missed my point though. Such
advice (almost certainly) will be (legally) next to worthless. So why
bother even getting it ?

Regards, John.
 
< snip >

That's fine by me. You appear to have missed my point though. Such
advice (almost certainly) will be (legally) next to worthless. So why
bother even getting it ?
Click to expand...

Because I totally reject the idea that lawyers are needed in our daily
lives. I see them as being more like undertakers. You don't need them often,
but they do perform a valuable service when you really need them.

-- Bob
 
On Mon, 20 Jun 2005 17:43:51 +1000, John Fitzsimons
Click to expand...
Because I totally reject the idea that lawyers are needed in our daily
lives.
Click to expand...

< snip >

Fine, but that doesn't change the fact that asking for legal advice in
this newsgroup is almost certainly a complete waste of time.
 
Fine, but that doesn't change the fact that asking for legal advice in
this newsgroup is almost certainly a complete waste of time.
Click to expand...

I would rather ask a skunk than a lawyer. But I repeat myself. ;)

-- Bob
 
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