If I want to buy a laptop from a friend, and the laptop is loaded with software…can he sell me the laptop plus the software, legally? Can he transfer the software licence agreements to me? Also, let’s say the laptop is technically property of his business? Does this complicate things?
Yes. According to the first sale doctrine, you can resell software that you’ve purchased, even if the EULA says you can’t.
If he has the authority to sell things on behalf of his business, I don’t see why it would.
Yes, I believe it’s called “felony theft.”
OK, two conflicting answers in a split second! I should explain his business is NOT selling laptops. But, I like the laptop he’s let me use, and I’d like to buy it off him with all the software on it - as presently installed.
So, what’s the poop?
The poop is selling something that belongs to your employer without authorization. That’s theft. You aren’t allowed to sell what you don’t own without permission.
If the laptop is property of his business, and his business is willing to sell it to you for a given price including the license for the software you’re purchasing (meaning you’re not just getting the computer with the software on it, but also the installation CDs and associated paperwork and CD-keys) then it’s all Kosher. Remember though that having Windows installed on your computer is different than owning a license to use the software. The license is the actual unit of value being transferred in the sale, not just a copy of the program.
When my company buys a computer, it only comes with a license for Microsoft Windows. All of the other software (Microsoft Office, anti-virus software, etc.) is installed under site license agreements. The understanding is that this software can only be installed on computers belonging to the company (up to the number of licenses under the agreement). So we could not leave the applications on a computer we were selling.
The bigger issue is that the computer is “technically property of his business.” Is the company aware that you’re doing this? If so, presumably they’re getting the money, and the asset is being written off. If not, it sure sounds like theft.
If by “technically property of his business” you mean that he is the owner of a small business or sole proprietorship, and that the computer is owned under the business name rather than his personal property, then this would be legal. Since as owner of the business, he has the authority to sell business property.
But if he is just an employee of a business, planning to sell off a computer assigned to him to use for company business, obviously that’s not legal.
Also, to be legal, he would have to completely transfer the software to you. By giving you the original CD’s & documentation, and by NOT keeping any copy for his own use.
Actually, it’s not entirely clear whether or not there’s a problem. My husband, for instance, has sold computers owned by his business and it’s all been perfectly legal - because he’s self-employed, owns the business, and has full authority to dispose of its assets.
If the person in question has legal authority to dispose of assets and/or the permission of the employer (which may or may not be himself) then such a sale is legal. But it would be a good idea to clarify that prior to purchase.
That goes to the authorization part, Broomstick. You said, yourself, that your husband sold business assets because he had the authority to do so.
If his friend is authorized, or allowed, to sell the laptop to Jinx, then it should be okay. If his friend is not authorzied, or allowed, to sell the laptop then it is theft. And a few other things.
Clear it up, Jinx. Is your friend authorized to sell the laptop? What leads him to believe he has the right to sell it?
you probably know this, but getting pre-installed software without the installers are useless once you have to re-install/alter the software. personally, i think it unwise to pay much for used software.
For the record, you are correct, sir. Site licenses are covered only on a per organization basis, so you are indeed correct in thinking that while the Windows license would transfer, everything else would not. Unless Jinx bought the company too!
Yes, but that assumes it is a site license we are talking about. If it is a small business, as it sounds like (whenever I here people talking about stuff “technically belonging to the business” it is always a small or family business) then I really doubt that a site license is involved. As long as he passes the software over completely, then he should be fine.
If a site license is involved, don’t assume that even the Windows license would transfer. You can get site licenses for the OS as well.
DancingFool