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01/26/2006 11:19:06 PM · #1
Many people have upgraded from a version of Photoshop to CS or CS2. Is it legal for them to sell their old software?
01/26/2006 11:22:25 PM · #2
Originally posted by TooCool:

Many people have upgraded from a version of Photoshop to CS or CS2. Is it legal for them to sell their old software?

Is it a CS2 Upgrade or full version?
01/26/2006 11:23:21 PM · #3
Originally posted by southern_exposure:

Is it a CS2 Upgrade or full version?


Does it matter? Don't really understand all these upgrade versions and their limitations...
01/26/2006 11:25:33 PM · #4
Originally posted by TooCool:

Many people have upgraded from a version of Photoshop to CS or CS2. Is it legal for them to sell their old software?


Legal? Sure.

Wise ... I doubt it. You'll need the prior version to install the newer one. If your machine dies, you won't be able to install the newer version without the old media. If you're buying CS2, say, you could keep CS and sell PS7 safely I think. Not sure how much you could get for it.
01/26/2006 11:25:40 PM · #5
Originally posted by TooCool:

Originally posted by southern_exposure:

Is it a CS2 Upgrade or full version?


Does it matter? Don't really understand all these upgrade versions and their limitations...

If you purchased a CS2 Upgrade not the full version of CS2 you would need CS if your system crashed or you purchased a new computer and wanted to install CS2 Upgrade.
01/26/2006 11:32:48 PM · #6
Originally posted by Digital Quixote:

Legal? Sure.

Wise ... I doubt it. You'll need the prior version to install the newer one. If your machine dies, you won't be able to install the newer version without the old media. If you're buying CS2, say, you could keep CS and sell PS7 safely I think. Not sure how much you could get for it.


In this case would someone be able to install the PS7? Or is it once again dependant on the (full vs upgrade) version?

Message edited by author 2006-01-26 23:33:11.
01/26/2006 11:40:00 PM · #7
Originally posted by TooCool:

Originally posted by Digital Quixote:

Legal? Sure.

Wise ... I doubt it. You'll need the prior version to install the newer one. If your machine dies, you won't be able to install the newer version without the old media. If you're buying CS2, say, you could keep CS and sell PS7 safely I think. Not sure how much you could get for it.


In this case would someone be able to install the PS7? Or is it once again dependant on the (full vs upgrade) version?


Depends on whether it is a full version or an upgrade. I don't recall how Adobe was protecting the upgrade process in the PS 7 days. Anybody remember?
01/26/2006 11:55:19 PM · #8
You canot resell most software. Actually you do not own the software just the right to use it usually on one computer at a time, and the use is not transferable. Read the EUA carefully.
01/27/2006 12:02:07 AM · #9
Originally posted by drz01:

You canot resell most software. Actually you do not own the software just the right to use it usually on one computer at a time, and the use is not transferable. Read the EUA carefully.


They sell it on EBAY all the time.

Are all of those transactions illegal?

Message edited by author 2006-01-27 00:02:48.
01/27/2006 12:02:47 AM · #10
Originally posted by Riggs:

Originally posted by drz01:

You canot resell most software. Actually you do not own the software just the right to use it usually on one computer at a time, and the use is not transferable. Read the EUA carefully.


They sell it on EBAY all the time.

Are all of those transactions illigal?


From the EUA

.4 No Transfer. YOU MAY NOT RENT, LEASE, SELL, SUBLICENSE, ASSIGN OR TRANSFER YOUR RIGHTS IN THE SOFTWARE, OR AUTHORIZE ANY PORTION OF THE SOFTWARE TO BE COPIED ONTO ANOTHER INDIVIDUAL OR LEGAL ENTITY'S COMPUTER EXCEPT AS MAY BE PERMITTED HEREIN. You may, however, transfer all your rights to use the Software to another individual or legal entity provided that: (a) you also transfer (i) this agreement, (ii) the serial number(s), the Software and all other software or hardware bundled, packaged or pre-installed with the Software, including all copies, upgrades, updates and prior versions, and (iii) all copies of font software converted into other formats to such individual or entity; (b) you retain no upgrades, updates or copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this agreement and any other terms and conditions under which you purchased a valid license to the Software. NOTWITHSTANDING THE FOREGOING, YOU MAY NOT TRANSFER EDUCATION, PRE-RELEASE, OR NOT FOR RESALE COPIES OF THE SOFTWARE. Prior to a transfer Adobe may require that you and the receiving party confirm in writing your compliance with this agreement, provide Adobe with information about yourselves, and register as end-users of the Software. Allow 4-6 weeks to transfer. Please visit //www.adobe.com/support or contact Adobe's Customer Support Department for more information.
01/27/2006 12:07:57 AM · #11
You can sale software that you purchase look at Amazon.com they sale new and used versions of Photoshop CS.

01/27/2006 12:08:10 AM · #12
Originally posted by Riggs:

Originally posted by drz01:

You canot resell most software. Actually you do not own the software just the right to use it usually on one computer at a time, and the use is not transferable. Read the EUA carefully.


They sell it on EBAY all the time.

Are all of those transactions illegal?


What you have to ensure when you purchase something on ebay or other venue is that you are buying an un-registered version of the software, complete with the code. This way you can then register the product on line and everything is indeed legal.

Ray
01/27/2006 12:15:15 AM · #13
Originally posted by drz01:

Originally posted by Riggs:

Originally posted by drz01:

You canot resell most software. Actually you do not own the software just the right to use it usually on one computer at a time, and the use is not transferable. Read the EUA carefully.


They sell it on EBAY all the time.

Are all of those transactions illigal?


From the EUA

.4 No Transfer. YOU MAY NOT RENT, LEASE, SELL, SUBLICENSE, ASSIGN OR TRANSFER YOUR RIGHTS IN THE SOFTWARE, OR AUTHORIZE ANY PORTION OF THE SOFTWARE TO BE COPIED ONTO ANOTHER INDIVIDUAL OR LEGAL ENTITY'S COMPUTER EXCEPT AS MAY BE PERMITTED HEREIN. You may, however, transfer all your rights to use the Software to another individual or legal entity provided that: (a) you also transfer (i) this agreement, (ii) the serial number(s), the Software and all other software or hardware bundled, packaged or pre-installed with the Software, including all copies, upgrades, updates and prior versions, and (iii) all copies of font software converted into other formats to such individual or entity; (b) you retain no upgrades, updates or copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this agreement and any other terms and conditions under which you purchased a valid license to the Software. NOTWITHSTANDING THE FOREGOING, YOU MAY NOT TRANSFER EDUCATION, PRE-RELEASE, OR NOT FOR RESALE COPIES OF THE SOFTWARE. Prior to a transfer Adobe may require that you and the receiving party confirm in writing your compliance with this agreement, provide Adobe with information about yourselves, and register as end-users of the Software. Allow 4-6 weeks to transfer. Please visit //www.adobe.com/support or contact Adobe's Customer Support Department for more information.


Basically what this states is that you must sale the product in whole not in part. If you have CS and purchase CS2 upgrade you must sale it as a bundle along with codes. You also have to remove the software from your computer.

It also states that if you purchase a copy for eduction (at a reduced rate) or obtain it free legally you are not allowed to sale it.
BUT if you purchase a full version of CS2 then you can legally sale CS because they are separate software not an upgrade or bundle with separate keys.

I think I read it correctly but then I may be wrong.

Message edited by author 2006-01-27 00:17:04.
01/27/2006 12:19:00 AM · #14
Originally posted by southern_exposure:

Originally posted by drz01:

Originally posted by Riggs:

Originally posted by drz01:

You canot resell most software. Actually you do not own the software just the right to use it usually on one computer at a time, and the use is not transferable. Read the EUA carefully.


They sell it on EBAY all the time.

Are all of those transactions illigal?


From the EUA

.4 No Transfer. YOU MAY NOT RENT, LEASE, SELL, SUBLICENSE, ASSIGN OR TRANSFER YOUR RIGHTS IN THE SOFTWARE, OR AUTHORIZE ANY PORTION OF THE SOFTWARE TO BE COPIED ONTO ANOTHER INDIVIDUAL OR LEGAL ENTITY'S COMPUTER EXCEPT AS MAY BE PERMITTED HEREIN. You may, however, transfer all your rights to use the Software to another individual or legal entity provided that: (a) you also transfer (i) this agreement, (ii) the serial number(s), the Software and all other software or hardware bundled, packaged or pre-installed with the Software, including all copies, upgrades, updates and prior versions, and (iii) all copies of font software converted into other formats to such individual or entity; (b) you retain no upgrades, updates or copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this agreement and any other terms and conditions under which you purchased a valid license to the Software. NOTWITHSTANDING THE FOREGOING, YOU MAY NOT TRANSFER EDUCATION, PRE-RELEASE, OR NOT FOR RESALE COPIES OF THE SOFTWARE. Prior to a transfer Adobe may require that you and the receiving party confirm in writing your compliance with this agreement, provide Adobe with information about yourselves, and register as end-users of the Software. Allow 4-6 weeks to transfer. Please visit //www.adobe.com/support or contact Adobe's Customer Support Department for more information.


Basically what this states is that you must sale the product in whole not in part. If you have CS and purchase CS2 upgrade you must sale it as a bundle along with codes. You also have to remove the software from your computer.

It also states that if you purchase a copy for eduction (at a reduced rate) or obtain it free legally you are not allowed to sale it.

I think I read it correctly but then I may be wrong.
text

You can transfer to someone but not sell read carefully.
01/27/2006 01:27:25 AM · #15
The only reason I bring this up is that I know that there are members out there that have more than one version of PS. I have a shady at best version of PS6 that I've been using (I ain't proud just broke) and would be more than happy to pay for a legal version of an older PS disc...
01/27/2006 05:50:22 PM · #16
Originally posted by TooCool:

The only reason I bring this up is that I know that there are members out there that have more than one version of PS. I have a shady at best version of PS6 that I've been using (I ain't proud just broke) and would be more than happy to pay for a legal version of an older PS disc...

Have you considered PSP? Much cheaper than photoshop and, from what I hear, pretty powerful.

And of course there's always GIMP, but after using photoshop you would probably hate it and have a hard time losing some features.
01/27/2006 05:56:02 PM · #17
Have not read all posts but I think it is legal to sell it as long as it is removed from your computer:)
01/27/2006 06:09:20 PM · #18
With respect to the posted portion of the EULA, my interpretation is that you may in fact sell (transfer) rights but if you have upgraded, the upgrade must go with it; No splitting out the old version. I do not see any prohibition on reselling it, as long as the conditions are met, and it's not an educational version, and was not obtained free.
Perhaps the most economical path, if you're not opposed to an older version, is to by an unregistered old version off of ebay. They are out there, and in fact I did this long ago, buying version 4.0 and upgrading to 7.0 (thence to CS and to CS2). The only real downside to this is the possible lack of upgrade path. Currently you can upgrade to CS2 from 7.0 or later, but should you buy 7.0 today and not upgrade it, your upgrade path could evaporate if they change the upgrade criteria with the next version. BTW, if history is any guide, Adobe will surely release another version early Summer. They seem to want to keep us on the annual upgrade treadmill.

01/27/2006 06:10:52 PM · #19
Originally posted by drz01:


4 No Transfer. YOU MAY NOT RENT, LEASE, SELL, SUBLICENSE, ASSIGN OR TRANSFER YOUR RIGHTS IN THE SOFTWARE, OR AUTHORIZE ANY PORTION OF THE SOFTWARE TO BE COPIED ONTO ANOTHER INDIVIDUAL OR LEGAL ENTITY'S COMPUTER EXCEPT AS MAY BE PERMITTED HEREIN. You may, however, transfer all your rights to use the Software to another individual or legal entity provided that: (a) you also transfer (i) this agreement, (ii) the serial number(s), the Software and all other software or hardware bundled, packaged or pre-installed with the Software, including all copies, upgrades, updates and prior versions, and (iii) all copies of font software converted into other formats to such individual or entity; (b) you retain no upgrades, updates or copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this agreement and any other terms and conditions under which you purchased a valid license to the Software. NOTWITHSTANDING THE FOREGOING, YOU MAY NOT TRANSFER EDUCATION, PRE-RELEASE, OR NOT FOR RESALE COPIES OF THE SOFTWARE. Prior to a transfer Adobe may require that you and the receiving party confirm in writing your compliance with this agreement, provide Adobe with information about yourselves, and register as end-users of the Software. Allow 4-6 weeks to transfer. Please visit //www.adobe.com/support or contact Adobe's Customer Support Department for more information.

You can transfer to someone but not sell read carefully.


I don't see where it states that. The first sentence where the word sell is mentioned has a exception at the end, the exception being the remainder of the paragraph where it states that you have to be in compliance with a bunch of clauses. At least that's the way I understand it.

Message edited by author 2006-01-27 18:14:59.
01/27/2006 08:56:00 PM · #20
Originally posted by Gatorguy:

I don't see where it states that. The first sentence where the word sell is mentioned has a exception at the end, the exception being the remainder of the paragraph where it states that you have to be in compliance with a bunch of clauses. At least that's the way I understand it.


If I sell my car, I transfer the ownership by signing the pink slip. I can't sell my car and retain ownership. That's what Adobe is telling you. You have to TRANSFER all your rights when you sell, you can't keep it on your computer after transferring these rights. It's legalese. But you can definitely sell it, if you transfer properly.

R.
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