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student licenses with Adobe - a hypothetical scenario

P

portena

macrumors member
Original poster
Apr 9, 2008
31
0
a Completely "theoretical" question here.

I am a student - my friend wants me to buy her the Adobe Production Premiere Suite at the student discounted price. "In theory", if I agreed to it, would she even be able to install it on her computer under her name? I would post off the paperwork and my ID, and get back the license code - would that work on her computer? Would she be able to by-pass the registration process, her simply register in her own name even though she's not the one with the license?

This is all "in theory" of course. Cheers
 
Yes your friend will be able to install it just fine. After the seller verifies your student credentials, you will receive a standard copy of CS3 with the registration code on the box. They don't even put the "Education Version" in the splash screen anymore.
You receive shipment then you give the software to your friend. They can install it, register it in their own name, etc. etc. The registration code is in no way tied to the purchaser. As far as Adobe is concerned, the person that registers it and activates it bought it.
Now if you think you BOTH will be able to install it, that's a different story.
 
portena said:
a Completely "theoretical" question here.

I am a student - my friend wants me to buy her the Adobe Production Premiere Suite at the student discounted price. "In theory", if I agreed to it, would she even be able to install it on her computer under her name? I would post off the paperwork and my ID, and get back the license code - would that work on her computer? Would she be able to by-pass the registration process, her simply register in her own name even though she's not the one with the license?

This is all "in theory" of course. Cheers
Click to expand...

Obviously, this "theoretical" scenario would be against the User Licenese Agreement and therefore would be no more legal than downloading it from a Torrent website, but yes it would work
 
gazfocus said:
Obviously, this "theoretical" scenario would be against the User Licenese Agreement and therefore would be no more legal than downloading it from a Torrent website, but yes it would work
Click to expand...

Please cite your legal precedent for this.

As far as I am aware, United States Law still includes first-sale doctrine. Which, in in summary, means that if you can buy something, you can then sell it again on your own terms.

Adobe has challenged this law in court, citing it's EULA, and lost in federal court.

So long as you do not misrepresent yourself or your intentions when purchasing the software, you can absolutely sell it again if you like.
 
Some educational software cannot be upgraded later (and has to be repurchased instead). I think Adobe might be one of them.
 
portent said:
Please cite your legal precedent for this.

As far as I am aware, United States Law still includes first-sale doctrine. Which, in in summary, means that if you can buy something, you can then sell it again on your own terms.

Adobe has challenged this law in court, citing it's EULA, and lost in federal court.

So long as you do not misrepresent yourself or your intentions when purchasing the software, you can absolutely sell it again if you like.
Click to expand...

The EULA for the Academic Software actually states that if you intent to resell the software, you must only sell it to another qualifying educational user.
 
RaceTripper said:
Some educational software cannot be upgraded later (and has to be repurchased instead). I think Adobe might be one of them.
Click to expand...

Even if this is so, buying an upgraded version anew at academic pricing is far cheaper than buying the original once at retail and the upgraded version later at discount.
 
gazfocus said:
The EULA for the Academic Software actually states that if you intent to resell the software, you must only sell it to another qualifying educational user.
Click to expand...

Yes it does, and such provisions were ruled illegal and unenforceable in federal court.
 
Thanks for the feedback and the links as well. Its an interesting question (re: on-selling) I also don't believe there would be any legal grounds on which to prohibit people on-selling something that they purchased legally. Stolen goods is obviously a different story - but that's not the issue here.

Personally I'm not in to copying or downloading software that I haven't purchased and can't register in my own name - as has been pointed out, you often won't qualify for upgrades and often support too, and if you need to re-install one day you're stuffed.

But to be honest, the only reason I'd even "CONSIDER" facilitating this particular transaction (apart from to help a hard-up friend out) is because I don't particularly feel like I owe Adobe anything: when Leopard came out they ditched support for PSElements 4.0. And there goes $200 down the drain, overnight. The Adobe website has all this info on what fixes and updates have been effected in order to ensure Leopard capability, and beside PS Elements there's just this one line simply stating "no support". Not even a "sorry about that - upgrade with a discount".

So pppeeewt to Adobe. My feeling is that you never really own Software in the tangible sense that you own other property. And yet somehow its the developers that have all the rights?!!
 
Is it just ironic that Portena started the thread and Portent is now asking for people to cite legal cases?

Very similar names...
 
I think you'll find that the correct description for the similarity between portena and portent is "coincidence", rather than ironic!
 
Actually, I just got done dealing with an ass that sold me a student license Master Collection as a Full legitimate version on Ebay for 1000.00. Even after I asked him 3 times if it was a student license or upgrade, & he told me no, he sent the student license version that in fact states in 3 places on the dvd box that it is student licensed. I got a refund immediately, I also got Adobe Anti piracy team involved.
Adobe anti piracy team is currently:
In possession of the software, & all my e-mails back & forth from the scumbag.
Prosecuting the student,
What you are Hypothetically thinking about doing is ILLEGAL, If you get caught distributing student versions of software to non students you are Pirating it cut & dried. Making lame excuses doesn't change anything one iota.
"Hypothetically" you suck if you do this. Adobe depends on actually selling the software so that they can invest in R&D to further advance the product lines. Scammers like yourself hurt all software business. Why don't you just get a torrent & download it for free, no difference.:mad:
Karma is a b&$*h
 
>mperkins37

Misrepresenting the sale is a lot different that helping someone else make the purchase.

Quite a few students limit their SW and HW sales to friends and family, and don't try to make a eBay business out of it.

Selling a student/upgrade on eBay as full copies sure counts as misrepresentation, buying a student copy for a friend and them knowing full well what it is isn't the same thing.

All you are doing there is taking advantage of the student store, and their low rates to students.

As long as it is a purchase and not a lease extension like the $5 copy of MS stuff you should be fine.
 
I guess that as long as it's just sticking it to the student store & Adobe that it should be ok then? Bull! This is piracy. It is wrong. There is a difference in stealing a loaf of bread to eat, & stealing software 'caus you just don't want to tighten the belt & save for a legit copy. That's what I had to do every time I bought & upgraded mine.
You are advocating piracy and giving it a knowing wink.
Same as if you downloaded it from a torrent site.
NO DIFFERENCE at all.
 
fair point mperkins - and you have a right to be angry as you've been deliberately misled. But as SunBaked has pointed out, this is quite a different scenario to the hypothetical one that I proposed. For what its worth though, I have duly noted the potential illegality of it, and since i"m not given lightly to breaking the law will be keeping out of this one.
 
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