Is it legal to buy used software?

macandipodfan

macrumors member
Original poster
Mar 30, 2008
90
0
I'd like to buy a copy of Final Cut Studio off eBay. I see that the older version (Studio 2) sells for a lot cheaper than 3. Is it legal to buy the full version (not academic or upgrade), providing that it is not installed on any other computer?
 

gnasher729

macrumors P6
Nov 25, 2005
16,699
3,440
I'd like to buy a copy of Final Cut Studio off eBay. I see that the older version (Studio 2) sells for a lot cheaper than 3. Is it legal to buy the full version (not academic or upgrade), providing that it is not installed on any other computer?
It is legal for you to buy it and use it. If the previous owner used it to get the new version at a cheaper (upgrade) price, then it is very likely illegal for him to sell it to you. If he kept the software installed on his computer, then it is illegal for him to sell it to you.
 
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macandipodfan

macrumors member
Original poster
Mar 30, 2008
90
0
What if I bought an earlier version (Final cut Pro 2 or something) and used it to upgrade to Final Cut Studio 3. Is this legal, provided the seller isn't using the copy or using it for an upgrade?
 
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velocityg4

macrumors 601
Dec 19, 2004
4,791
1,363
Georgia
Well in the most recent ruling I know of Vernor v. Autodesk, Inc. it seems that the sale of Final Cut Studio to you triggers the "First Sale" Doctrine. In which case you have full rights to resell this software and transfer ownership no matter what the license agreement states. Though this ruling has not cleared up the issue fully there are other cases being tried right now that will hopefully clear up the issue.

Source Arstechnica

On a side note. Based on the above ruling and the recent Quanta v. LG Electronics. Which the Supreme Court ruled that a patent holder did not have further patent rights after the sale of there patented product. I don't understand how Apple has a leg to stand on in their case against Psystar. Since Psystar bought copies of Mac OS X it sold with computers. It seems Apple would have no rights due to first sale doctrine and/or patent exhaustion.

edit: By transfer ownership I mean the seller eliminates any copies they own based on that license. If the copy is an upgrade the get rid of the upgrade on their computer. If they upgraded from a full version then sold that full version to you. Then they must delete the upgrade and full version.
 
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elitesouth

macrumors member
Nov 24, 2009
67
0
Savannah GA
If the seller is advertising physical good with a retail box and/or disc(s), I would be more comfortable in bidding on it.

Do not bid for a serial number, activation code, or link to a direct download.
 
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