Software license question

[Beorning]

Here's a question related to software licensing rights...

Let's say somebody buys a computer. Then, they buy software for that computer and install it. And then, after some time, they give the computer away. They don't give the software's installation discs away - but the software remains installed on the computer, so that new user gets the computer with this software bonus.

The question is: is it legal to use such software? Does the new user get the license to the software or not?

I'm asking, as someone offered to give me an old Mac... with Adobe CS3 (commercial license) installed. If I take the computer, will it be okay for me to continue to use Adobe's software (both for personal fun and commercially)?

[Chris Brady]

Here's a question related to software licensing rights...

Let's say somebody buys a computer. Then, they buy software for that computer and install it. And then, after some time, they give the computer away. They don't give the software's installation discs away - but the software remains installed on the computer, so that new user gets the computer with this software bonus.

The question is: is it legal to use such software? Does the new user get the license to the software or not?

I'm asking, as someone offered to give me an old Mac... with Adobe CS3 (commercial license) installed. If I take the computer, will it be okay for me to continue to use Adobe's software (both for personal fun and commercially)?

There was a case, in recent memory, in which the people who made AutoCAD sued a man for selling his computer to a friend without removing the program.  The company won.

So no, it is NOT legal to use it.  You are to wipe the entire machine (including OS) clean and work with it from that.

You do NOT own any software, whether or not you actively purchase it.  Do not believe otherwise.

[Oniya]

If the person you bought the computer from tries to re-register the software, it could possibly send a notification to the company, should that software be used from your machine.  There's usually some kind of paragraph in the End User License Agreement (that no one really reads) regarding sale of computers containing licensed software.

[Beorning]

I see. I suspected that might be a case...

[Kythia]

From the EULA - so long as you do all of that you should be fine. 

4.4 No Transfer. YOU MAY NOT RENT, LEASE, SELL, SUBLICENSE, ASSIGN OR TRANSFER YOUR RIGHTS IN THE SOFTWARE, OR AUTHORIZE ANY PORTION OF THE SOFTWARE TO BE COPIED ONTO ANOTHER INDIVIDUAL OR LEGAL ENTITY'S COMPUTER EXCEPT AS MAY BE PERMITTED HEREIN. You may, however, permanently transfer all your rights to use the Software to another individual or legal entity provided that: (a) you also transfer (i) this agreement, (ii) the serial number(s), the Software affixed to media provided by Adobe or its authorized distributor, and all other software or hardware bundled, packaged or pre-installed with the Software, including all copies, upgrades, updates and prior versions, and (iii) all copies of font software converted into other formats to such individual or entity; (b) you retain no upgrades, updates or copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this agreement and any other terms and conditions under which you purchased a valid license to the Software. NOTWITHSTANDING THE FOREGOING, YOU MAY NOT TRANSFER EDUCATION, PRE-RELEASE, OR NOT FOR RESALE COPIES OF THE SOFTWARE. Prior to a transfer Adobe may require that you and the receiving party confirm in writing your compliance with this agreement, provide Adobe with information about yourselves, and register as end-users of the Software. Allow 4-6 weeks to transfer. Please visit http://www.adobe.com/support or contact Adobe's Customer Support Department for more information.

tl;dr - they'll need to give you the discs and you will need to tell adobe

[Oniya]

And get the guy who sold/sells it to you to also sign off on it, and give you the installation disks, and wipe any copies from his new machine.

[Kythia]

Yeah, I just edited to reflect that after a closing reading

[Oniya]

At one point, part of my job was wiping old computers so that they could be donated to charities.  We had to nuke them all the way to 'flat glass' and then reinstall just the operating system.  A friend of mine had a worse protocol: Not only zero-format, but then write '1' to every bit on the hard drive, and then write a random pattern of 1s and 0s over the hard drive, and then reinstall the OS.

[Kythia]

I got my old laptop from work after they upgraded a load of theirs and sold the old ones off.  IIRC it came with Windows (though I could be wrong on even that) but nothing else.

[alextaylor]

There was a case, in recent memory, in which the people who made AutoCAD sued a man for selling his computer to a friend without removing the program.  The company won.

So no, it is NOT legal to use it.  You are to wipe the entire machine (including OS) clean and work with it from that.

You do NOT own any software, whether or not you actively purchase it.  Do not believe otherwise.

It depends on the software and the EULA really. Some allow transfer of licenses, some don't. If it's not explicitly mentioned in the EULA, it falls under the law by default. (Which country/state's law it falls under should be explicitly defined in the EULA, otherwise it's kind of a mess)

[Oniya]

Kythia posted the relevant part of this particular EULA.  It does allow transfer, but only if the previous owner supplies the disks and wipes his or her copy from the other machine.