RE: Software "ownership"

Subject: RE: Software "ownership"
From: "Poshedly, Ken" <PoshedlyK -at- polysius -dot- com>
To: <techwr-l -at- lists -dot- techwr-l -dot- com>
Date: Thu, 31 Aug 2006 09:42:56 -0400

(Quoting my own message below)

Thanks to all for the thoughtful replies about software ownership.

With reading the license terms now my new requirement, something tells
me product installation is now going to take a lot longer.

I once asked a closing attorney if I could have a little more time to
read through the mortgage contract (yep, one of those multi-multipage
documents) as we were refinancing our home, even though the new rate was
very favorable. He got _extremely_ irritated, snapped at me "Hey, we
could just forget the whole thing right now!" and just about got up and
walked out, but stopped however, when we agreed NOT to read the mortgage
contract so we would sign legalese mumbo-jumbo blindly and he could go
home. Ah, lawyers.

-- Kenpo




-----Original Message-----
From: techwr-l-bounces+poshedlyk=polysius -dot- com -at- lists -dot- techwr-l -dot- com
[mailto:techwr-l-bounces+poshedlyk=polysius -dot- com -at- lists -dot- techwr-l -dot- com] On
Behalf Of Poshedly, Ken
Sent: Wednesday, August 30, 2006 5:27 PM
To: techwr-l -at- lists -dot- techwr-l -dot- com
Subject: Software "ownership"

Fellow Tech-whirlers!

I already asked this question off-list of another person here, and we're
both sorta stumped. And even if this seems oh-so elementary, please be
patient.

When I purchase a software package from a retailer or legitimately
online, I already know that am entitled to all the bells and whistles
and updates that go with it. I register the package so the software
company knows who I am and that I have their product.

But what happens if I sell or give a software package to someone else?
If I sell my legit FrameMaker 5.5 package to John Doe, what is he
entitled to? A knock on the door from the Software Police? I assume he
is not entitled to register the package, nor can he get free tech
support from the manufacturer. But that's no big deal.

But can he obtain subsequent updates to the package?

To hear the software companies tell it, I -- as the original owner --
can only dispose of it by melting the CD down and burning the manual.
But that's gotta be crap! Automakers don't restrict you from buying
aftermarket parts for your auto or prevent you from selling it to
another person (at least, not yet). So the warranty is not transferable?
So what?

Since most of you are in the software industry:
* Is it legal for one person to give / sell his / her software
package to another?
* Exactly what are my rights as the first "owner" of a software
package?
* Do I really "own" it in the first place or do I simply "own" a
license (permission) to just use the software package?
* Do the Software Police come knocking on my door demanding that I
give it up?

-- Ken in Atlanta
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References:
Software "ownership": From: Poshedly, Ken

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