Re: Look for second hand licences for Toad 7.2.0.0 and PowerAMC 8.0.1.2.7.5

From: Calvin Crumrine <Calvin_Crumrine_at_dced.state.ak.us>
Date: Thu, 21 Feb 2002 08:09:48 -0900
Message-ID: <3C7529DC.1F591CCE_at_dced.state.ak.us>


[Quoted] Let's not confuse the issue here, da. You're talking about violating copyright laws, not about re-selling licenses you no longer use. The first is illegal, the second is legal. You've assumed that the OP was requesting the first (and maybe he was but I like to give people the benefit of the doubt, particularly if they're expressing themselves in something other than their native language as appears to be the case here) but in your reply you asserted the second was illegal simply because the vendor *says* it's illegal. I prefer to rely on independent research, not on claims from obviously biased parties.

Niall-I'm not a lawyer either, but I do after hours work for a law firm-mostly computer support but also research. I'll look up some cases & let you know. My original assertion is based on my knowledge of contract law, particularly rental/lease agreements which seem to be the most analogous to this situation.

damorgan wrote:

> The simplest example of exactly how enforceable software licenses are,
> internationally, is that Bill Gates, Paul Allen, and our friend Larry are able
> to order the Caesar Salad rather than just getting the dinner salad that comes
> with their meals.
>
> If the licenses could not be enforced ... every major corporation would spend
> $39 at store.oracle.com to obtain its software. Our friend in France ... is just
> whining because he was seen for what he is.
>
> Daniel Morgan
>
> Niall Litchfield wrote:
>
> > Interesting. I'd alsoways understood that contract terms such as
> >
> > "<vendor> hereby grants you a non-exclusive, non-transferable right to <use
> > software>" were legally binding. I'd be interested to see the precedent and
> > wonder why no-one has challenged MS on this.
> >
> > I am of course only a DBA and not a lawyer
Received on Thu Feb 21 2002 - 18:09:48 CET

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