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02-17-2012, 03:40 PM   #1
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Is it legal to sell or trade Photoshop bundled software?

Bought a scanner. It came with Photoshop Elements 9 for Mac and Windows. They are marked not for sale separately- bundled.

Don't have a Mac. Can I sell or trade the Mac Elements away in the Marketplace section or on Ebay? Or can I get in trouble with the software police?

Thanks

02-17-2012, 04:16 PM   #2
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Is there more than one serial number/licence code? I mean, normally if software is for both Os X and Windows, there's only one code?
02-17-2012, 04:40 PM   #3
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Usually, the quote "not for sale separately...." is a retail statement - has no bearing on what the purchaser does with the SW once he/she owns it.
02-17-2012, 04:42 PM - 1 Like   #4
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If you are selling your one copy, then yes it is legal. If you are selling copies, then no.

First-sale doctrine - Wikipedia, the free encyclopedia
QuoteOriginally posted by wikipedia:
The first-sale doctrine is a limitation on copyright that was recognized by the Supreme Court of the United States in 1908 (see Bobbs-Merrill Co. v. Straus) and subsequently codified in the Copyright Act of 1976, 17 U.S.C. 109. The doctrine allows the purchaser to transfer (i.e., sell, lend or give away) a particular lawfully made copy of the copyrighted work without permission once it has been obtained. This means that the copyright holder's rights to control the change of ownership of a particular copy ends once ownership of that copy has passed to someone else, as long as the copy itself is not an infringing copy. This doctrine is also referred to as the "right of first sale," "first sale rule," or "exhaustion rule."
QuoteOriginally posted by wikipedia:
Federal district courts in California and Texas have issued decisions applying the doctrine of first sale for bundled computer software in Softman v. Adobe (2001) and Novell, Inc. v. CPU Distrib., Inc. (2000) even if the software contains an EULA prohibiting resale. In the Softman case, after purchasing bundled software (a box containing many programs that are also available individually) from Adobe Systems, Softman unbundled it and then resold the component programs. The court ruled that Softman could resell the bundled software, no matter what the EULA stipulates, because Softman had never assented to the EULA. Specifically, the ruling decreed that software purchases be treated as sales transactions, rather than explicit license agreements. In other words, the court ruled that California consumers should have the same rights they would enjoy under existing copyright legislation when buying a CD or a book.
(emphasis added)

Sell it.


Last edited by Aegon; 02-17-2012 at 04:47 PM.
02-17-2012, 05:14 PM   #5
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Likely because it came with a scanner and doesn't have a box trying to sell it on Ebay would get your listing booted. But you could probably get away with it on CL or in the marketplace. It's probably not going to go for much though. Isn't the scanner version a bit limited? I can't recall on that one. Anyone?
02-17-2012, 06:02 PM   #6
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Don't know about the license number, will have to check that out.
02-17-2012, 10:46 PM   #7
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Read the license agreement I know, it's boring crap

If it's anything like Windows OEM licenses, it's only allowed to be used with the hardware that it came with.
02-17-2012, 10:52 PM   #8
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As long as it's a physical copy of the software (i.e. a CD + key), then you can by all means sell it. Probably not worth that much, though, since the latest version of elements is 10.


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02-13-2016, 09:27 AM   #9
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Sorry to revive this thread but because this is still an issue and I want to have it addressed before putting it to rest for sure and also to not misguide anyone who intends to sell bundled software in the future.

I thought it was perfectly fine to sell bundled software but apparently the guys at Legal free advice forums say it's actually not. I was wondering what do you guys think if you know they are incorrect or correct? I just wanted a second opinion.

Here is the thread...
Legal to resell software that was bundled with a camera that I purchased??
Original post got deleted but I reported my original post in post #6 in that forum thread. Anyway, we reach a conclusion at the last post.

So I guess it has been decided or well, it appears that we really cannot sell our bundles and if we were to receive bundled software... that it's just a paperweight then?
02-16-2016, 12:41 AM   #10
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Strictly speaking, it's not legal to separately sell the copy of the software what is bundled with a piece of hardware. That particular copy of the software is licensed to use only with that particular piece of hardware.

But if you sell it on, say, Craigslist, will the software company to go after you? Unlikely.

Is it illegal to drive 65.5 mph on a freeway that has the sign "Max Speed: 65 mph"? Of course it is illegal. Will the cop be after you for driving 65.5 mph? Unlikely.

As stated in this thread three years ago, if you can sell it, it will be not much money any way!
02-19-2016, 05:37 PM   #11
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Ok, thanks! Just wanted clarification
02-19-2016, 05:53 PM   #12
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eBay does not allow un-bundled selling of software. It has to be sold with the equipment. That should tell you something.
02-19-2016, 06:30 PM   #13
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Software isn't sold: it is licensed. You but the physical medial that installs the software, but license the use of the software according to the terms of the license agreement that you accept to either open the package or install it. The software publisher retains the ownership of the intangible software.
It seem somewhat parallel to ownership of digital images that have no physical existence - so photographers view the legalities from both sides.
02-21-2016, 03:10 AM   #14
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QuoteOriginally posted by Not a Number Quote
eBay does not allow un-bundled selling of software. It has to be sold with the equipment. That should tell you something.
On German eBay you'll find unbundled software all the time. It seems eBay is handling it country-specific.

On German courts, Microsoft crashed with parts of their Windows "licence" model for non-commercal use. For a while they thought about replacing it for our country by a software-rent system, but skipped these plans - when they found out that then any software bug would have been handled similiar to faults in cars also for non-business use, causing astronomic costs

The licence model is still in the EULA, but here users can safely ignore several parts of it.
There is an EU ruling on its way to ensure equal legislation, but it will be some time till it's fixed and integrated in national laws.
02-21-2016, 04:14 AM   #15
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Adobe used to have a form you could download to allow their software to be licensed to others that you sold your opened software to. I did this when I switched from using a Mac to a PC while at the university. I sold my copy to the college and used Adobe's form to transfer the license and product ID to them. I'm not sure they still do this as it's been 25 years ago.
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