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On Wednesday 08 May 2002 1:11 pm, Mark Evans wrote: [snip]
I doubt it. It would be illegal to buy a windows upgrade and sell the original CD to someone - the upgrade is tied to the original. Contract law. I think.
In "Microsoftland" maybe, in Europe and North America something called the "Doctorine of First Sale" applies. Once you sell something to someone they can do whatever they like, so long as there is no law against it.
Isn't this why some companies (including I think MS) don't actually sell you the product with the license, but the right to use it - the ownership being retained by the company. How do we stand in this case?
This is how they attempt to get around the law. Though some courts have been known to apply a "duck test" to software sold as a retail product. I've also seen a few software vendors describe their product as "goods".