I’d like to get a copy of Final Cut Pro, but it’s very expensive. So I’m looking at eBay. I assume most of the offerings have been registered. What are A) the copyright issues with buying OEM software that has been used, and B) the Apple-specific issues with software that has already been registered? I assume that the sellers have upgraded to Studio, and that’s why they’re selling. If that assumption is correct, then why wouldn’t they be able to sell the software they’re no longer using and the buyer be able to use it?
I have FCP, so this is what I know:
- Unless the previous owner has relinquished his SN, don’t buy it. Apple doesn’t check SNs over the Internet during installation, but all upgrades (and there are a lot of them) require a valid serial number.
- Upgrading does NOT mean that the previous version is legal to sell - It’s only legal if you buy an the complete version.
It’s legal to sell used software. It’s important for the seller to follow the license, though, so that you don’t get ripped off. Like beowulff says, just because he buys and “upgrade version” doesn’t mean he can sell you the original. But I see that you think they upgraded to a whole new product, called “Studio.” (Or do you mean the Final Cut Studio that has all the Pro apps? That may be different, depending on the license.)
I think for off-the-shelf packaged software, there’ve never been any court precedents for negating the first-sale doctrine, which gives you the right to resell what you have, or in this case, the seller.
That may be true, but in practice, it may be rendered impossible by some activation scheme or similar. I don’t imagine the software author is obliged to make it possible for you to usefully exercise any rights you may have.