[OldDeckHand]

"OK, then how is software different from books, or movies, or music."

It's a little complicated, and this isn't my area of law so my answer probably won't be as precise as it should be, but they really aren't significantly different.

When you buy a movie, a book or music DVD, you are agreeing to an implicit license - that license it allows you to enjoy your Book/CD/DVD so long as you enjoy it yourself, or in the privacy of your own home. The implicit license does not allow you to play that CD/DVD in a commercial setting - like at a bar or club (unless you've paid ASCAP or BMI fees). That is the limitation of the license. Nor, are you allowed to copy that CD/DVD or book - again, another limitation of the implicit license.

The software license is an expressly articulated license. The buyer, upon purchase and installation of the software, agrees (enters into contract) to behave in a certain way. If the buyer does not wish to behave in a certain way, he does not have to buy and install the software.

Since I haven't familiarized myself with the relevant case law, I may be wrong here, but I don't believe its disallowed to resell unopened software. IOW, I could buy MS Office from Best Buy, and then sell it to you so long as the box is unopened. So, in the strictest sense, just like with movies/cds, I can resell software. I just can't resell it after installation.

[grateful]

Since I haven't familiarized myself with the relevant case law, I may be wrong here, but I don't believe its disallowed to resell unopened software.

Ah, ok. I read that Mr. Vernor had bought a sealed copy from the garage sale and thought the other 4 copies were sealed as well. That may have not been the case.

[a fool in paradise]

The implicit license does not allow you to play that CD/DVD in a commercial setting - like at a bar or club (unless you've paid ASCAP or BMI fees)

ASCAP and BMI only handle the MUSIC publishing rights. You'll need to be up on your ASCAP and BMI fees in a bar even if you just put the television on (argument is that a song they "own" could be played on a video, tv commercial, or on tv show or movie). The movie owner is still not authorizing you to play the movies in a bar.

Note that CDs don't have a disclaimer "for private use only unless you are up on BMI/ASCAP fees....

[itsahoot]

If I recall, most software has a seal, that reads if you open this seal, you are agreeing to the license agreement, so now I guess all you have to do is read the warning on the seal, which means every box of software I pick up from the store shelf is now unsalable. Cool.

The death of common sense leads to this nonsense.