Used copies of Solidworks

But it's still the same issue. In this case you own the right to use the
software (that's what you paid for), so you should be able to sell that
right someone else.

That's how it is with other things like this. For example, if I buy a text
book I don't actually own all the information that it contains - someone
else owns the copyright.
But if I want to sell it, I sure can, and whoever buys it free to read it
all they want and lean all they can from it. That's how it should be with
software as well. The company should be under no obligation to offer
support or upgrades, but the person should be able to at least sell their
CDs and recoup some of their investment if they no longer need it.

In another thread someone claimed there was actually a recent court case on
this issue, and the court rule that, in effect, this was the case and a
person had the right to sell the software on their CDs. I don't know if
this is true, but I hope so.

 

Let's put it this way:

You can purchase the software. You can agree to the license agreement.
But note that SW does not say that they grant the license for any
payment of money. And if they terminate the license the original
seller will apparently have to return the software to SW. The bottom
line is your chances of getting support, subscription services or
relief from SW coming after you or the seller are pretty slim.

"1.A. Grant of License. SolidWorks grants to you a nonexclusive
nontransferable license to use the Software and the printed and/or
electronic user documentation (the "Documentation") accompanying the
Software in accordance with this Agreement. If you have paid the
license fee for a single user license, this Agreement permits you to
use one copy of the Software on any single computer, provided that the
Software is in use on only one computer at any time."

"3. Other Restrictions on Use. This Agreement is your proof of license
to exercise the rights granted herein and must be retained by you.
Other than as permitted under the license grant in Article 1.B., you
may not use any portion of the Software separately from or
independently of the Software and other than for your normal business
purposes and you may not provide access to or use of the Software to
any third party; consequently you may not sell, license, sublicense,
transfer, assign, lease or rent (including via an application service
provider (ASP) or timeshare arrangement) the Software or the license
granted by this Agreement"

"5. Term. The license granted herein will continue until it is
terminated in accordance with this Article 5. SolidWorks may terminate
the license granted herein immediately upon written notice to you (i)
for justified cause, including without limitation breach of any
provision of Article 2 or 3 of this Agreement, or (ii) if you breach
any provision of this Agreement and fail to cure such breach within
fifteen (15) days of notice thereof. Upon the termination of the
license, you will promptly return to SolidWorks or destroy all copies
of the Software and Documentation covered by the license as instructed
by SolidWorks. The provisions of Articles 2, 3, 5, 7 and 10 of this
Agreement shall survive any termination of this Agreement."

 

You did poorly on the SAT verbal section?

Just like you paid for that auto & driver's license, right?

See above.

Which gives them certain rights and restricts yours. But which is
also not a legally binding license.

So your theory falls off the disc right there, does it?

How many times to how many?

 

Not quite. They have the right to sell the CDs. Right of first sale.

Case involved Adobe in New York I think. Never heard about a final
resolution in the case.

And how many? Exactly however many copies of the software that he purchased.

As with a book, the copyright holder loses any sale rights once it is
sold the first time.

-john

 

So if somebody has the right to sell the CD's, does that mean the person
buying the CD's has the right to use the software on them?

If not, then it seems pointless.

Pat

 

Yes, *sometimes*. See the license.

Exactly.
The CDs are not the license to use.

With something like a book or a record the right to read
that one book or play that one record comes with the item.
It does not give you the right to make copies any more
that passing alog a copy of some software gives you the right
to give it to someone else ... you never had that specific right
in the first place.
You *may* own the CD but you do not usually own the software.
In many cases you may not even own the CD ... look at the fine
print ... they can revoke your license and demand the CD back.
You'd best have it I expect.

 

Thanks for the clarification. I understand now.

Allowing a customer to transfer their license seems like a reasonable
request (and probably the reason this topic comes up so much), but I also
understand there is little economic incentive from the company's standpoint
for this (perhaps they might gain some from maintenance renewals). There
are few that do, I think (Alibre maybe), but when you the market leader you
can pretty much set your own rules.

Thanks again,

Pat

 

So ask the vendor you got it from or the firm (such a SW) what
can be done. Some will allow it for a small fee or otherwise
(not speaking here of SW as a case in known fact).

They probably already invested in the initial support & training.

I doubt that a great many view maintenance renewals as their
primary profit center. Probably they should though as the market
becomes saturated.

 

Court said yes last I heard.

Yes it does. I can make all the backup copies that I want. I can make a
copy of my CDs to put them on my MP3 player. Fair use.

I can arguably make copies for a few friends.

I can NOT widely distribute or sell copies of that CD.

But you DO have the right to resell that book or record.

You own the book, record, CD, etc. You do not own the content on said
medium. The copyright holder owns that still. BUT you have EVERY right
to sell that book that you no longer read. Or that crappy album you bought.

You can put all kinds of stuff in a EULA. Doesn't mean it's enforcable.

By your logic, there could be no used book stores. Or used console game
stores.

-john

 

ok here is another twist
if I end my business and wish to sell my assets what is SW worth?
nothing apparently because it isn't mine - and yet I depreciated it in the
books over time just like OfficeXP for instance.
there is no category for instant write off of large value software that has
special conditions insisted on by the vendor
in this country - NZ - I would owe the govt tax on the remaining value of an
asset...
but if it has no value to sell - no tax to pay?...
could any vendor conditions actually be enforced outside the US?
would I have years of legal battles ahead if I didn't comply with the EULA
or the tax dept?
to my mind the EULA is about piracy and intellectual property and not about
prohibiting ownership or rightful transfer and in this matter it is wrongly
or poorly worded.

 

Is that right?

So if I pick up a used set of Solidworks CD's on eBay for $150 I can legally
install it and use all I want?

If that's the case, then it would definitely be in Solidwork's interest (or
any company like it for that matter) to permit license transfers. At least
that way they might gain something through maintenance renewals.

 

You probably misunderstood something.

Yes. Those are backups. You are very limited in what you
can do with them.

Is it?

Not legally.

Yes. But it's not software under license.

Not your license to use software.

Ask those that got huge fines or are in jail.

Not true.

See the BSA or a contract lawyer.

 

I would say yes*. Of course, logging in to the support site would be
wrong, since you haven't paid subscription. Of course, you could argue
that if the the S/N you're buying with the CD's is still in sub. service
you should be able to login. They do track that stuff after all.

I agree.

-john


* This assumes, of course, that the copy of SW on Ebay is a legal copy.
ie: It's the SW cd's and not Memorex with a sticker slapped on it. Also
wouldn't cover selling your SP0.0 CDs when you get your SP1.3 CDs.

 

With a good licensing scheme you'd just have some very
expensive but quite useless CDs.
Probably perfectly legal <G>.
And you could do nothing .......