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

[Quoted] [Quoted] I would have given him the benefit of the doubt if he had asked to PURCHASE a license that was owned by another company and was no longer needed. He asked for an "old" license like somehow when a company upgraded to a newer version the old license was null and void and could just be given away or sold (they can not be).

As his English skills were excellent I assumed he knew what he was saying and his subsequent responses indicated he knew perfectly well what the situation was ... he went straight for rationalizing. Had his English skills not been good I would have been far more likely to suspect poor wording in an unfamiliar language. (so I take his use of excellent English in the opposite way from you).

Do the independent research for yourself if you wish. I have been involved in numerous negotiations with Oracle and worked with corporate attorneys to understand the implications of software licensing contracts. One can safely assume neither Larry, nor Bill, considers software development a charity.

Daniel Morgan

Calvin Crumrine wrote:

> 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 - 22:36:46 CET