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selling AppStore purchased apps

C

clapperboy

macrumors newbie
Original poster
Jun 29, 2008
20
0
So if I buy Aperture 3, for example, then decide I don't like it, can I sell it on eBay or to my neighbor?

I assume the answer is no. Whereas, with the physical disk, the answer is yes. Correct?
 
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Technically speaking, you aren't legally allowed to transfer any software to another user, even if it is on a disc. However, not many people abide by that. I think that this is one thing that will bring the price down on apps through the app store... You can either pay $50 and have a physical disc or pay $30 and not. I'd personally rather save the $20. ;-)
 
clapperboy said:
So if I buy Aperture 3, for example, then decide I don't like it, can I sell it on eBay or to my neighbor?

I assume the answer is no. Whereas, with the physical disk, the answer is yes. Correct?
Click to expand...

you are correct, you can't sell an app from the app store without selling your iTunes password to authorize it.
 
monaarts said:
Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_2_1 like Mac OS X; en-us) AppleWebKit/533.17.9 (KHTML, like Gecko) Version/5.0.2 Mobile/8C148 Safari/6533.18.5)

Technically speaking, you aren't legally allowed to transfer any software to another user, even if it is on a disc. However, not many people abide by that. I think that this is one thing that will bring the price down on apps through the app store... You can either pay $50 and have a physical disc or pay $30 and not. I'd personally rather save the $20. ;-)
Click to expand...

Sure about that one?

From Apple's EULA on Aperture (as a physical disc and not from the app store):
3. Transfer. You may not rent, lease, lend or sublicense the Apple Software. You may, however, make a one-time permanent transfer of all of your license rights to the Apple Software to
another party, provided that: (a) the transfer must include all of the Apple Software, including all its component parts, original media, printed materials and this License; (b) you do not
retain any copies of the Apple Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Apple Software reads and agrees to
accept the terms and conditions of this License. All components of the Apple Software are provided as part of a bundle and may not be separated from the bundle and distributed as
standalone applications.
Click to expand...

Isn't it amazing what an EULA will tell you? If you're going to give out any advice make sure it's at least right. Unless I am mistaken, making a one-time transfer (sale) is ok providing you remove the software from your machine and the buyer agrees to the EULA.
 
monaarts said:
Technically speaking, you aren't legally allowed to transfer any software to another user, even if it is on a disc.
Click to expand...

In the cases of Final Cut Studio and Adobe products, there are protocols in place for transferring licenses.
 
jessica. said:
Sure about that one?

From Apple's EULA on Aperture (as a physical disc and not from the app store):


Isn't it amazing what an EULA will tell you? If you're going to give out any advice make sure it's at least right. Unless I am mistaken, making a one-time transfer (sale) is ok providing you remove the software from your machine and the buyer agrees to the EULA.
Click to expand...

Wow what crawled up your butt? Most companies do not allow for the reselling of their software. Remember a while back where a guy got sued by AutoDesk for selling an unopened copy of AutoCAD on eBay? Each EULA is different. So Apple's allows for one transfer. Doesn't mean everyone does that.

Also, transfer does not equal sale. It means you can GIVE the license to someone else. Selling it may go against that.
 
gumbyx84 said:
Wow what crawled up your butt? Most companies do not allow for the reselling of their software. Remember a while back where a guy got sued by AutoDesk for selling an unopened copy of AutoCAD on eBay? Each EULA is different. So Apple's allows for one transfer. Doesn't mean everyone does that.

Also, transfer does not equal sale. It means you can GIVE the license to someone else. Selling it may go against that.
Click to expand...

Nothing crawled up my butt, calm down tiger. The point is, the guy gave out information that was wrong but make it appear to be an indisputable fact. I looked it up because my first purchase of Aperture 1 was off someone here. Curiosity made me look it up which provoked me to post it here. This was all done in under 3 minutes; how hard is it to actually fact check before you respond to such questions? It's similar to asking whether you can sell sub accounts from Mobile Me.

There is a line between a simple "I didn't know" and pure laziness. And Apple is not Autodesk. The point there is familiarize yourself with what you're buying or leasing, protect yourself and know your rights. I see it was ruled that the software was not sold so the sale was infringing on AD's copyright.

And you are right, transferring doesn't equal selling and best to check the EULA before you do.
 
r.j.s said:
Actually, no.

In the US, first-sale doctrine applies. You can sell your copy of software.

Now ... how this applies to App Store apps, I'm not sure.
Click to expand...
Look into the AutoDesk lawsuit. From what I understand, future cases will be weighted against Copyright laws and First-Sale doctrine. This means that you may not be able to resell your software if the company doesn't want you to.
 
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