On Tue, Jul 01, 1997 at 01:47:33PM -0400, Mike wrote:
> Does that imply there are software licenses - ie sales that are only
> ever valid for one person/entity.
>
> If I buy - say a PCB design package - use it for a while then decide to
> sell it (and naturally not use a backup copy of it) then surely I
> cannot be prevented under any legal circumstances from selling it.

Yes, you can, if the licence agreement into which you entered prevents
you from doing so. The law in Australia is roughly as follows (disclaimer:
I'm not a lawyer, so get legal advice if you need to rely on this)

1) Software is covered by copyright, which automatically confers
   certain rights and restrictions. Copyright does not prevent you
   reselling the original copy, providing you keep no copies.

2) Most software has a licence agreement associated with it that
   grants you certain additional rights and imposes additional
   restrictions. The licence agreement may impose restrictions on
   resale of the original package (it may prohibit it, or it may
   require the new owner to agree to the licence, etc.)

3) Most software vendors rely on so-called "shrink wrap licensing"
   to enforce the licence agreement - i.e. you are assumed to have
   agreed to the licence if you open the package/use the software/etc.
   The validity of this is untested in Australian courts, but I believe
   it has been upheld in US courts.

4) If you don't agree to the licence terms, you are at the very least
   bound by copyright law, which may allow you to resell the entire
   package, but would, e.g. prevent you from embedding compiler
   libraries in your application (because this constitutes copying
   of the software that is not permitted under copyright law).

5) Software is considered to be "goods" under the terms of the
   Trace Practices Act and other consumer protection law - but
   this has never been tested in Australian courts (it was recently
   upheld in a British court). This provides protection in law against
   faulty software, but most licence agreements (even for chips, now!)
   have a clause banning use in safety-critical applications.
   I don't believe consumer protection law would overturn a valid
   licence agreement that prevented resale of the original package. But
   only a court can answer that definitively.

So you should read the licence agreement carefully - it should tell
you what you can and can't do. Many software agreements (including ours)
do allow transfer of the licence under reasonable conditions, but some
do not.

--
Clyde Smith-Stubbs  |HI-TECH Software,      |Email: clyde@htsoft.com
Ph:  +61 7 3354 2411|P.O. Box 103, Alderley,|WWW:  http://www.htsoft.com/
Fax: +61 7 3354 2422|QLD, 4051, AUSTRALIA.  |PGP: finger clyde@htsoft.com
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