I was wondering if any of you know if it's allowed to resell 3ds max with it's licence.
I am not lucky to get this software from my employer, am working with an old version of it and am now in the position to buy r7 second hand for a very attractive price.
I was just wondering if I will become the full owner and if this is legal. I can't find the EULA anywhere.
Replies
Bummer though
EDIT: Hm, no, FSD seems to be the US version of the law. I'm 100% sure the EU has a similar law with less loopholes, though. No matter what, since US companies also include US law as applicable to their EULAs the following ruling is relevant:
[ QUOTE ]
in 1997 in Novell v. Network Trade Center 25 F. Supp. 2d 1218 (C.D. Utah 1997)[1] purchaser is an "owner" by way of sale and is entitled to the use and enjoyment of the software with the same rights as exist in the purchase of any other good. Said software transactions do not merely constitute the sale of a license to use the software. The shrinkwrap license included with the software is therefore invalid as against such a purchaser insofar as it purports to maintain title to the software in the copyright owner. Under the first sale doctrine, NTC was able to redistribute the software to end-users without copyright infringement. Transfer of a copyrighted work that is subject to the first sale doctrine extinguishes all distribution rights of the copyright holder upon transfer of title.
[/ QUOTE ] (wikipedia)
While the wording of the law says "sale", courts have upheld that it applies to license transfers.
The ONLY way that Max licenses may be re-sold is if one company sells out to another company. The purchasing company inherits rights to the licenses, as they are the new owner of that first company as a whole. All assests, debts., etc., are taken on by the purchaser. Including the Max licenses.
Anyway, what kinds of information does Discreet demand?
(EDIT: BTW, Wikipedia cited a Supreme Court case that ruled licensing is a sale for the purpose of the law)