Question about software/clipart licenses

[knucklehead]

After reading the post about the DMCA/EULA's, and related mumbo jumbo, I have a question. Late last year I looked at a guys printer he had for sale, this was a local guy closing up the printing part of his biz. He had the printer, computer, and a lot of software, not to mention particular names or brands, but some had real pretty flames, and fills and stuff. Now with these licenses, if I would have been able to buy this system, would I be in violation for buying it? Would he be for selling it? Would I have to be constantly looking over my shoulder for the DMCA cops? Would one have to wipe the HD clean, and throw the software in the trash, for it to be a legal sale?

 

[activitydude]

I too have been following these threads and would like to offer you one company's take on licenses transfers.

Software to us is like a design to you. You don't really want to create something and then have that customer take it to someone else to use who is not going to pay you for it. Think of how many lawsuits McDonalds has been involved with.
Usually, if you are up-front with the supplier and explain how you got the stuff they will probably work out a deal with you. Yes, it will cost money but we software suppliers have an obligation to our customers and staff to stay in business too. But it still won't cost you as much as having someone harass you if you call in for help.
I hope this helps a to explain a little how we look at EULAs and what they mean to our business.

Thanks

 

[Mark Smith]

Terry's points are well made. Our take on it here at EstiMate is that a license is tied to an individual purchaser, and we charge (at this time) a $25 license transfer fee for the paperwork on our end to transfer a license from one customer to another. That's about what it costs us in time to do so, and in lieu of a sale, at least we break even. It also weeds out troublemakers, which in the world of software licensing can come from many quarters.

 

[Fred Weiss]

It would be correct to assume that all the software on the system was covered by licenses which would establish the system owners right to use it ... not own it or have the right to sell it, without some form of restriction or requirement on your part to go through a transfer of the rights to use the software to you. Or, as in the Aurora Graphics case, there might be an outright prohibition on any transfer of rights.

The issue with software that one needs to keep in mind is that only one party owns the software. That party is the individual or corporation who created it or who owns all rights to it. Everyone else buys only the right to use the software which is covered by an agreement.