Is selling old software Illegal?

Gator24765

macrumors 6502a
Original poster
Nov 13, 2009
778
1
Texas
Ok i wannted a little bit of info on this..

I have a few programs on my mac that i never use and would like to sell if it is legal.

The programs are ones like quark express etc...


Is it legal to sell them if i completely unistall off my hard drive..


second, where can i find the serial number to quark?
 

EndlessMac

macrumors 6502
Aug 20, 2009
281
0
How did you obtain Quark in the first place. I believe if it was bundled software, then you are not allowed to resell it.. (I could be wrong)
I believe you are right when it comes to bundled software. I could be wrong but I think their copyright is the same as OEM meaning they are only licensed for that one computer or hardware they came with. The fact that the OP has to find the serial number for Quark seems to indicate that it's a bundle. If it's not a bundle and he lost the serial number then he's out of luck in trying to sell it. Trying to get a new serial number from any place other than the manufacturer is definitely illegal.

To answer the original question, I do believe if you deactivate your copy and basically transfer the ownership to someone else then it's legal to sell used software. Although you probably won't get a lot of buyers because most used software being sold are illegal bootleg copies so most buyers stay away from them. If it's brand new, unopened, and unregistered older generation software then people are more wiling to buy them. For example a retailer trying to sell off old software that is taking up store space.
 

velocityg4

macrumors 601
Dec 19, 2004
4,781
1,355
Georgia
I believe you are right when it comes to bundled software. I could be wrong but I think their copyright is the same as OEM meaning they are only licensed for that one computer or hardware they came with. The fact that the OP has to find the serial number for Quark seems to indicate that it's a bundle. If it's not a bundle and he lost the serial number then he's out of luck in trying to sell it. Trying to get a new serial number from any place other than the manufacturer is definitely illegal.

To answer the original question, I do believe if you deactivate your copy and basically transfer the ownership to someone else then it's legal to sell used software. Although you probably won't get a lot of buyers because most used software being sold are illegal copies so most buyers stay away from them. If it's brand new, unopened, and unregistered older generation software then people are more wiling to buy them. For example a retailer trying to sell off old software that is taking up store space.
Maybe I am misinterpreting the ruling but in Vernor v. Autodesk these binding agreements are not inforcible. As it violates the first sale doctrine. So yes you can resell it. But you will need to find you serial number likely on the CD jacket or on the manual that came with your software. If you registered with Quark they may be able to tell you the number other wise you are out of luck

A federal district judge in Washington State handed down an important decision this week on shrink-wrap license agreements and the First Sale Doctrine. The case concerned an eBay merchant named Timothy Vernor who has repeatedly locked horns with Autodesk over the sale of used copies of its software. Autodesk argued that it only licenses copies of its software, rather than selling them, and that therefore any resale of the software constitutes copyright infringement.
But Judge Richard A. Jones rejected that argument, holding that Vernor is entitled to sell used copies of Autodesk's software regardless of any licensing agreement that might have bound the software's previous owners. Jones relied on the First Sale Doctrine, which ensures the right to re-sell used copies of copyrighted works. It is the principle that makes libraries and used book stores possible. The First Sale Doctrine was first articulated by the Supreme Court in 1908 and has since been codified into statute.
 

EndlessMac

macrumors 6502
Aug 20, 2009
281
0
Maybe I am misinterpreting the ruling but in Vernor v. Autodesk these binding agreements are not inforcible. As it violates the first sale doctrine. So yes you can resell it. But you will need to find you serial number likely on the CD jacket or on the manual that came with your software. If you registered with Quark they may be able to tell you the number other wise you are out of luck
If that ruling is true then I guess yes he can sell it. If he can't find the original serial number then I don't think he will get much help from Autodesk though.
 
Register on MacRumors! This sidebar will go away, and you'll see fewer ads.