IANAL, etc...
Shachar Shemesh wrote:
I'm willing to bet that the terms of the specific license prohibit re-selling it without the specific computer it was bought with, so it wont be legal anyway...
While I'm sure you are right, I don't see how a license can bind me when I neither installed the software nor pressed "I Agree" on an EULA.
If you did not agree to the liecnse then you have no right to distribute it (as in "selling").
r to put it in other words - if you are sued for illegally distrubiting the software *you* must be able to show the court the license given to you by the copyright holder. If you cannot produce this license (and of course if you claim that you do not agree to it) you have no right to distribute the software.
The burden of proof is on *you* - this is how copyright law works.
Until I did, it's just a simple software sale, and first sale should
> apply.
No, it does not. No one sold you the software - you were offered a license to use the software and distribute it (under specific terms) and rejected it. No "sale" took place.
Sad, but true.
The good news is that this exactly what happens in SCO vs. IBM in regard to the Linux kernel, btw :-)
Gilad
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