Home Technical Talk

Transfer 3ds max licence

lkraan
polycounter lvl 18
Offline / Send Message
lkraan polycounter lvl 18
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

  • Ruz
    Offline / Send Message
    Ruz polycount lvl 666
    from what I understand the licence is non transferable.
  • KDR_11k
    Offline / Send Message
    KDR_11k polycounter lvl 18
    EU law forbids regulations of software resale after the initial sale. You'll get the software, if Discreet wants to complain they'll have to talk that out with the EU.
  • Delaney King
    Offline / Send Message
    Delaney King polycounter lvl 18
    No. It is illegal to sell it.
  • lkraan
    Offline / Send Message
    lkraan polycounter lvl 18
    Thanks for the responses guys.

    Bummer though frown.gif
  • KDR_11k
    Offline / Send Message
    KDR_11k polycounter lvl 18
    Dave: Sure? Many EULAs include illegal paragraphs that are invalidated by the law (over 50% of the Windows EULA is illegal here, AFAIK). In this case there's the "First Sale Doctrine", which is part of EU law and specifically aimed at software resales. Discreet cannot legally prevent anyone from selling their software (or "transferring the license", as a lawyer would say) within the EU.

    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.
  • Ryno
    Offline / Send Message
    Ryno polycounter lvl 18
    Yeah, technically it's not illegal, but Discreet will not provide an authorization code to get the copy running on your machine, there will be no tech support, and Discreet/Autodesk will not recognize the copy as a legitimate version. So you will never be able to upgrade it either.

    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.
  • KDR_11k
    Offline / Send Message
    KDR_11k polycounter lvl 18
    Hm, I'm sure a good lawyer could put together something that makes Discreet not handing out auth keys illegal or something... Perhaps through the argument chain that EULAs are only valid as far as the obvious stuff goes (because only then the customer can be reasonably expected to know its contents, decision by some US Court), therefore the no sale stuff isn't valid, therefore the product provides less value than was believed at sale time as it'll become mostly useless when you sell it, destroying the resale value (this constitutes fraud). Ah well, that'll be hard to figure out. I guess I'd need a copy of the EULA to make any more exact statements.

    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)
Sign In or Register to comment.