Re: What about purchasing FM software on ebay?

[David Tessitor <unsprawl@xxxxxxxxxxxxxx>]

I believe the issue Jay raises about double dipping with software resale is
basically the sellers responsibility and problem unless, that is, the purchaser
has reason to believe it is occurring, which would clearly make them an
accomplice.  The telling point lays pretty much in whether the buyer can
register the software.

Adobe allows the licenses to be transferred, but they must be notified by the
registered owner and have the registration transferred to the new owner on
Adobe's records.  So, if the copy has been registered, the owner of record must
be willing to make the transfer, or the buyer is not making a full purchase and
should reasonably suspect the seller is double dipping.  Of course, if the
software copy was never registered with Adobe, the final buyer has acquired an
"A" title as the original owner, as far as Adobe is concerned (the previous
owner(s) still has no right to use it though).

I discussed transfer of licenses with Adobe tech support a while back when I
found myself with two copies of Acrobat and I inadvertently registered the
separate copy instead of the one that I came bundled with Framemaker.  I wanted
to switch the licenses and sell the extra to a friend.  The Adobe staff member
said that I could sell the unregistered bundled copy, or I could simply contact
Adobe with the new owners info and they would switch the user.  It was my
understanding that the unused free tech support would transfer too.  (I would
then merely need to register my unregistered copy for the first time.)  I didn't
do it yet, so I don't know how smoothly the transfer happens in practice, but it
should be very simple.

Depending upon whether the FM's initial free tech support has been used at all,
a person could get the whole benefit of a new copy, or if the free period was
started and expired, the buyer would simply have the right to use it and the
ability to contract support.  That's assuming the copy is legal. --- While
software can be stolen outright or through double dipping, it could indeed be
legal.  Sometimes companies buy more copies than they need.  It could be the
seller bought a quantity of copies in a lot size that was larger than needed (a
price break per copy can make it cheaper) and is selling the extra.  Or with
downsizing, formerly used copies may now have become surplus.  Or maybe they're
switching to other software.  There are lots of reasons.

Most likely, though, the version (used, new surplus, or virgin dealer stock) is
not the latest, a matter which greatly depreciates selling prices very quickly,
even with virgin copies.  At our local monthly computer show I've seen FM 5.0
from dealers for about the same price as Ebay's, and they should be good copies,
registerable as new.

There is one other issue on support that could come up because of the version.
If the version is too out of date, it might be that the free support which was
included is no longer honored.  I don't know about Adobe, but it happened to me
with Symantec. I paid good money to a dealer for Winfax 8.0 shortly before 9.0
was released; a few months later I found myself stiffed by Symantec tech support
and expected to pay exorbitant fees for a simple question that wasn't answered
in their FAQ's --- that's why I don't buy Symantec software anymore!  (I hope
Adobe isn't as arrogant with their customers; it doesn't pay in the end.)

If a person wants to take the small gamble with the cheap price, they could try
to register the copy after they get it.  If it has already been registered, they
could try contacting the owner of record about getting them to transfer the
license.  If the version turns out to be too old to be of any use or the
transfer doesn't work out, the buyer still isn't out much; however, especially
in the latter case it would also be a good idea to notify Ebay about what
transpired.

Finally, there are more legal protections for buyers in today's market place
than in days of yore, but wherever you buy it still helps to follow the maxim,
"caveat emptor" -- let the buyer beware!

-------------
Jay Smith wrote:

> ... unless the package (or media) is still in its original factory-sealed
> condition, the buyer has no assurance that the seller is not still using  a
> copy of the software.  And that would not be legal.
>
> There are many people who "brag" about buying and installing software and then
> selling the package, media, and documentation while continuing to use the
> software.
>
> --------------
> Michael Martinez wrote:
> >
> > Hey guys if you go on ebay sometimes there's people selling FrameMaker
> > for $14. Does the licensing convey?

---------------------------------------------------
David Tessitor
Project Director
American Town & Country Alliance, a project of the Tides Center
email:   unsprawl@trfn.clpgh.org
(412) 343-2332 voice          (412) 343-6176 fax

------------------------
"Unsprawl" is a phenomenon where modern suburban sprawl is effectively reversed
to produce a net inward movement.  It relies upon a process of "reurbanization,"
where traditional urban forms are preserved and re-implemented (not to be
confused with "New Urbanism," which should more properly be called "faux
urbanism").
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