Close
  • Latest News
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
Read Down
Sign in
Close
Welcome!Log into your account
Forgot your password?
Read Down
Password recovery
Recover your password
Close
Search
Logo
Logo
  • Latest News
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
More
    Home Latest News
    • Reviews

    A Modest Proposal For Software Resale

    By
    P. J. Connolly
    -
    September 14, 2010
    Share
    Facebook
    Twitter
    Linkedin

      Do you have the right to resell software that you’re no longer using? Well, perhaps not, thanks to a ruling of the Ninth Circuit of the U.S. Court of Appeals, which covers the Western states.

      In the case under discussion, Autodesk, the defendant and appellant, claimed that the plaintiff, one Timothy Vernor, didn’t have the right to resell AutoCAD software that he had purchased second-hand from an Autodesk customer. Up to a point, I understand the appeals court’s reasoning, even if I don’t agree with much of it; unfortunately, the existing case law generally focuses on the rights of the software publisher, and completely ignores the rights that purchasers of published works have long held under U.S. law.

      The appeals court, in overturning a 2008 verdict issued by a U.S. district court in Washington state, chose to emphasize the terms of the license. Few end users ever read these licenses, to which they must agree before they can be certain that the software is suitable for their purposes. Furthermore, such “shrink-wrap” licenses are almost never a negotiated agreement between the software company and its customer; in the vast majority of purchases, it’s a take-it-or-leave-it arrangement. To me, that makes it more of a good, rather than a service.

      The appeals court chose to disregard numerous precedents that allow published works to be resold by the initial customer, and instead suggested that Congress, if it so desired, could amend the relevant laws to permit this kind of sale. I’d like to suggest that any such revision take into account the reality of software sales, as well as the nature of software itself.

      It’s very unlikely that the U.S. Supreme Court will agree to hear this case, if it is presented with the opportunity to hear an appeal from the Ninth Circuit’s decision. That’s a shame, because it calls into question one’s rights to other forms of media that are distributed in a fashion similar to computer software. Books, movies, and music are with every year less tied to a physical medium, and with the erosion of user rights to published works increasing from one decade to the next, a decision from the nation’s highest court would go a long way to resolving the “who owns what” question for the foreseeable future.

      “Boxed” software ought to fall under the first sale doctrine (which permits resale) even if it has been previously installed, so long as that software is no longer used by the original purchaser. Resale rights should not apply in the case of software that has been upgraded at a discount price, because that discount took the earlier purchase into account. If you bought XYZ 2010 as an upgrade from XYZ 2007, and then try to sell your XYZ 2007 to another user, that’s shady business at best. But if I purchase XYZ 2010 as a retail product that was promoted as something suited to my needs, and decide that it isn’t in fact suitable, I ought to have the right to recoup some (if not all) of the money that I paid for it.

      Holding my breath for an improvement of the situation, I am not.

      P. J. Connolly
      P. J. Connolly began writing for IT publications in 1997 and has a lengthy track record in both news and reviews. Since then, he's built two test labs from scratch and earned a reputation as the nicest skeptic you'll ever meet. Before taking up journalism, P. J. was an IT manager and consultant in San Francisco with a knack for networking the Apple Macintosh, and his love for technology is exceeded only by his contempt for the flavor of the month. Speaking of which, you can follow P. J. on Twitter at pjc415, or drop him an email at [email protected]

      MOST POPULAR ARTICLES

      Android

      Samsung Galaxy XCover Pro: Durability for Tough...

      Chris Preimesberger - December 5, 2020 0
      Have you ever dropped your phone, winced and felt the pain as it hit the sidewalk? Either the screen splintered like a windshield being...
      Read more
      Cloud

      Why Data Security Will Face Even Harsher...

      Chris Preimesberger - December 1, 2020 0
      Who would know more about details of the hacking process than an actual former career hacker? And who wants to understand all they can...
      Read more
      Cybersecurity

      How Veritas Is Shining a Light Into...

      eWEEK EDITORS - September 25, 2020 0
      Protecting data has always been one of the most important tasks in all of IT, yet as more companies become data companies at the...
      Read more
      Cybersecurity

      Visa’s Michael Jabbara on Cybersecurity and Digital...

      James Maguire - May 17, 2022 0
      I spoke with Michael Jabbara, VP and Global Head of Fraud Services at Visa, about the cybersecurity technology used to ensure the safe transfer...
      Read more
      Big Data and Analytics

      GoodData CEO Roman Stanek on Business Intelligence...

      James Maguire - May 4, 2022 0
      I spoke with Roman Stanek, CEO of GoodData, about business intelligence, data as a service, and the frustration that many executives have with data...
      Read more
      Logo

      eWeek has the latest technology news and analysis, buying guides, and product reviews for IT professionals and technology buyers. The site’s focus is on innovative solutions and covering in-depth technical content. eWeek stays on the cutting edge of technology news and IT trends through interviews and expert analysis. Gain insight from top innovators and thought leaders in the fields of IT, business, enterprise software, startups, and more.

      Facebook
      Linkedin
      RSS
      Twitter
      Youtube

      Advertisers

      Advertise with TechnologyAdvice on eWeek and our other IT-focused platforms.

      Advertise with Us

      Menu

      • About eWeek
      • Subscribe to our Newsletter
      • Latest News

      Our Brands

      • Privacy Policy
      • Terms
      • About
      • Contact
      • Advertise
      • Sitemap
      • California – Do Not Sell My Information

      Property of TechnologyAdvice.
      © 2021 TechnologyAdvice. All Rights Reserved

      Advertiser Disclosure: Some of the products that appear on this site are from companies from which TechnologyAdvice receives compensation. This compensation may impact how and where products appear on this site including, for example, the order in which they appear. TechnologyAdvice does not include all companies or all types of products available in the marketplace.

      ×