At 07:17 AM 7/2/97 +1000, you wrote:
>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)

In that case it becomes a lease - I think this goes beyond Andy's offer
since it included sale of other items included in a package.

I understand the law on sale of software that is 'purchased' and not
leased is untested and therefore vague - it cannot prevent me giving
this away or 'allowing' someone else to use the package on my system.
Therefore the 'extension' of this to receiving a fee for no longer
using the package - ie selling it on cannot be prevented and there would
be no logic in attempting to do so for mass produced software available
in an over the counter transaction. This would not preclude contractual
agreements in their proper form between two parties who were jointly
developing a package as such restrictions discussed would have a logical
place - but no in the type of software Andy wishes to sell...

Rgds

Mike
Perth, Western Australia


Some say there is no magic but, all things begin with thought then it becomes
academic, then some poor slob works out a practical way to implement all that
theory, this is called Engineering - for most people another form of magic.
                                                                       Massen