Legalities of this.

[aimeeandbeatles]

You buy a used computer.
Previous owner didn't wipe the hard drive and you find an old commercial program on it. There is no installation CD.
You copy said program to your main computer and delete it from the old one (when you format the HDD).
You don't bother to reinstall on the formatted computer.

Is this legal?

 

[Genocidicbunny]

Im betting the program's EULA has something to address this.

 

[aimeeandbeatles]

Except that I searched over and over and haven't found a EULA -- assuming that perhaps the installer, which I don't have, has it.

 

[SG-17]

Its not like it matters anyway.

 

[Genocidicbunny]

Except that I searched over and over and haven't found a EULA -- assuming that perhaps the installer, which I don't have, has it.

Then technically you have no right to use the software as you have not agreed to the EULA.

Its not like it matters anyway.

QFT

 

[Mise]

It's theft.

 

[aimeeandbeatles]

Well, I just googled the company, and it seems to be that they're no longer existing, although I may be wrong. So I doubt anyone who worked for it will even give a crap about whether I use their software from 1995 without paying. I was just wondering, though.

(BTW, it's ClarisWorks. Which only interested me because I used it on the elementary school Macs and I liked it a bit.

 

[nonconformist]

Whether or not people "care" does not affect the legality of such a move.

 

[lndm]

I'd suggest it's possible.

..if you transfer the license bundled with the computer and upgrade your computer, keeping the program, then deleting the other copy.

Feasible, yes. Reasonable, maybe.

I guess the question may be 'What concern will the company have with this?'. Is it time for you to fall back on a moral stance and ask yourself whether you are the current holder of the software's license, then go with that?

 

[aimeeandbeatles]

Well, if I were the publisher, I'd go "What program? Oh, that one that's nearly 15 years old? Nah, not worth wasting time/money on."

 

[aimeeandbeatles]

What are the legalities of this?

My mom takes my Vista CD off the shelf in my bedroom without my permission and loans it to a neighbor.
I get it back with the case broken and the CD missing.

Who's fault is it?

 

[Padma]

Disclaimer: "I Am Not A Lawyer"

If your neighbor has (or has 'disposed of') the CD, then she is primarily at fault as a thief. Your mother could be an accessory or a co-conspirator. If it is determined that you have a right to reasonable expectation of privacy in your room, then your mother moves up the chain as the 'original' thief. If it is not so determined, then the fact that it was on your shelf, and not locked away, reduces her liability.




My personal opinion: Your mother is culpable. She should know better.

 

[Zelig]

Who's fault is it?

Who's fault is what?

 

[aimeeandbeatles]

Disclaimer: "I Am Not A Lawyer"

If your neighbor has (or has 'disposed of') the CD, then she is primarily at fault as a thief. Your mother could be an accessory or a co-conspirator. If it is determined that you have a right to reasonable expectation of privacy in your room, then your mother moves up the chain as the 'original' thief. If it is not so determined, then the fact that it was on your shelf, and not locked away, reduces her liability.




My personal opinion: Your mother is culpable. She should know better.

Thanks

Who's fault is what?

That the CD is missing and the case is broken. Obviously the neighbor did it but it might not have happened if my mom hadn't of loaned it.

 

[nonconformist]

I AM a lawyer.

This is theft in the first degree. Take her to court.

 

[SG-17]

My mom takes my Vista CD

She did you a favor.

 

[mdwh]

There is no law that says you have to agree to a EUL"A" in order to use it. I mean, it's dubious enough to suggest that they are valid contracts, but if you certainly aren't bound by a contract you don't even see!

AIUI, first sale doctrine applies to software, but that requires the original seller to not have kept a copy. I don't know if there has ever been a court case - I doubt anyone cares or knows about individual private transactions.

Different laws may have different countries - in the UK for example, it's illegal to copy a CD you've legally bought to your own mp3 player for your own use. That doesn't mean anyone obeys such a nonsense law, and I'd say the same about any law that claimed I had to "agree" to a contract before I could use software that I'd already bought.

I AM a lawyer.

This is theft in the first degree. Take her to court.

If that's not sarcasm, I hope you're not a lawyer. It's not theft, either legally or by the dictionary definition. The only relevant laws are to do with copyright infringement. Unless you're suggesting that aimeeandbeatles stole the computer...

 

[aimeeandbeatles]

I think I read somewhere about the EULA, that in some places it doesn't apply because it's not negotiated and about 99% of the time you have to open the package before you see it, and then when you open it no stores will take it back. (One exception I saw was Civilization IV Complete, on the back of the box it had a url to the full EULA.)

 

[nonconformist]

If that's not sarcasm, I hope you're not a lawyer. It's not theft, either legally or by the dictionary definition. The only relevant laws are to do with copyright infringement. Unless you're suggesting that aimeeandbeatles stole the computer...

I very well am a lawyer, and I have issued you with a summons for impugning my good name sir. I expect to see you there forthwith.

 

[aimeeandbeatles]

The other main problem is that my bedroom door is never closed. Because my mom delibrately pushes furniture up against it so it's impossible to close, because obviously I'm not allowed any privacy.