# Software copyright question **URL:** \ **Category:** Factual Questions\ **Created:** [August 22, 2009, 8:17pm UTC](https://boards.straightdope.com/t/software-copyright-question/507339 "2009-08-22T20:17:59Z")\ **Posts on this page:** 10\ **Page:** 1
**Author:** ![pohjonen](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pohjonen/32/423_2.png) [@pohjonen](https://boards.straightdope.com/u/pohjonen)\ **Post date:** [August 22, 2009, 8:17pm UTC](https://boards.straightdope.com/t/software-copyright-question/507339/1 "2009-08-22T20:17:59Z")
A couple of years ago someone gave me the complete sims games. I’ve never loaded or registered it and don’t want it. Is it illegal for me to sell it? I can’t seem to find anything with google. The disks say you can’t copy or publicly display it. I’m confused. Are they just coasters for me or what? ---
**Author:** ![johnpost](https://avatars.discourse-cdn.com/v4/letter/j/f17d59/32.png) [@johnpost](https://boards.straightdope.com/u/johnpost)\ **Post date:** [August 22, 2009, 8:23pm UTC](https://boards.straightdope.com/t/software-copyright-question/507339/2 "2009-08-22T20:23:21Z")
usually user agreements allow you to sell or give away the original media when the software is no longer in use. ---
**Author:** ![engineer\_comp\_geek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/engineer_comp_geek/32/504_2.png) [@engineer\_comp\_geek](https://boards.straightdope.com/u/engineer_comp_geek)\ **Post date:** [August 22, 2009, 8:38pm UTC](https://boards.straightdope.com/t/software-copyright-question/507339/3 "2009-08-22T20:38:32Z")
As johnpost says, you can usually sell the complete game. If the game came with a license key you must include it with the disks. You must also remove the game completely from your computer. You can’t keep a copy once you sell the license. You can’t keep a backup copy (if you made one) either. Since the OP never installed the game, the issue of uninstalling, removing backup copies, etc. isn’t relevant to them, but I thought I’d mention it for anyone else coming into this thread. ---
**Author:** ![pohjonen](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pohjonen/32/423_2.png) [@pohjonen](https://boards.straightdope.com/u/pohjonen)\ **Post date:** [August 22, 2009, 8:45pm UTC](https://boards.straightdope.com/t/software-copyright-question/507339/4 "2009-08-22T20:45:30Z")
> [@engineer\_comp\_geek](#): > > As johnpost says, you can usually sell the complete game. If the game came with a license key you must include it with the disks. You must also remove the game completely from your computer. You can’t keep a copy once you sell the license. You can’t keep a backup copy (if you made one) either. > > Since the OP never installed the game, the issue of uninstalling, removing backup copies, etc. isn’t relevant to them, but I thought I’d mention it for anyone else coming into this thread. Thank you. This seemed logical to me as well. I can’t find the EULA for my version, but the EULA for another version of the sims says it can be transferred with the restrictions you mentioned above. However, I don’t think knowing this well help me much with the sticklers on a certain website who keep flagging and dropping my ad… Thanks anyway. ---
**Author:** ![psychonaut](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/psychonaut/32/4655_2.png) [@psychonaut](https://boards.straightdope.com/u/psychonaut)\ **Post date:** [August 22, 2009, 8:49pm UTC](https://boards.straightdope.com/t/software-copyright-question/507339/5 "2009-08-22T20:49:52Z")
> [@pohjonen](#): > > A couple of years ago someone gave me the complete sims games. I’ve never loaded or registered it and don’t want it. Is it illegal for me to sell it? I can’t seem to find anything with google. The disks say you can’t copy or publicly display it. I’m confused. Are they just coasters for me or what? The licences probably vary from game to game. SimCity, for example, is available under the GNU General Public License (GPL), which allows you to copy, sell, give away, or otherwise redistribute it. The more recent games are probably covered by restrictive, proprietary licences which prohibit such actions. ---
**Author:** ![Apollyon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/apollyon/32/4238_2.png) [@Apollyon](https://boards.straightdope.com/u/Apollyon)\ **Post date:** [August 23, 2009, 11:14pm UTC](https://boards.straightdope.com/t/software-copyright-question/507339/6 "2009-08-23T23:14:33Z")
> [@pohjonen](#): > > Thank you. This seemed logical to me as well. I can’t find the EULA for my version, but the EULA for another version of the sims says it can be transferred with the restrictions you mentioned above. IANAL-and-all, but… if you’ve never installed the game how could you possibly be bound by its EULA? > [@](#): > > However, I don’t think knowing this well help me much with the sticklers on a certain website who keep flagging and dropping my ad… Thanks anyway. How very odd. Is this normal where you are? Just curious because 2nd hand PC software (along with all console games) is regularly sold in NZ. I can see obvious copyright infringement with selling backups or copies of a game… but full transfer of a legitimate version… how can that be disallowed? ---
**Author:** ![Henrichek](https://avatars.discourse-cdn.com/v4/letter/h/5daacb/32.png) [@Henrichek](https://boards.straightdope.com/u/Henrichek)\ **Post date:** [August 23, 2009, 11:46pm UTC](https://boards.straightdope.com/t/software-copyright-question/507339/7 "2009-08-23T23:46:07Z")
Doesn’t the [first-sale doctrine](http://en.wikipedia.org/wiki/First-sale_doctrine) apply here? ---
**Author:** ![ivn1188](https://avatars.discourse-cdn.com/v4/letter/i/e480ec/32.png) [@ivn1188](https://boards.straightdope.com/u/ivn1188)\ **Post date:** [August 24, 2009, 12:01am UTC](https://boards.straightdope.com/t/software-copyright-question/507339/8 "2009-08-24T00:01:06Z")
Yes. EULAs may or may not be binding, but tests so far have generally gone against the idea of a contract that both negates the first sale doctrine and provides no opportunity for a “meeting of the minds”. First sale doctrine says you can sell it regardless of the EULA. Just don’t keep a copy. Of course, you’re about as likely to run into legal issues selling a computer game as you are to be struck by lightning while winning the lottery as a meteorite hits you. ETA: Also, for your website admins, they, like other board owners, might just be hyper-averse to assuming _any_ risk of liability, whether that risk assessment is reasonable or silly. It’s probably not worth getting into it with the admins, even more so if they have an unsupportable fear of legal action. ---
**Author:** ![GuanoLad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guanolad/32/42_2.png) [@GuanoLad](https://boards.straightdope.com/u/GuanoLad)\ **Post date:** [August 24, 2009, 12:57am UTC](https://boards.straightdope.com/t/software-copyright-question/507339/9 "2009-08-24T00:57:32Z")
> [@Apollyon](#): > > Just curious because 2nd hand PC software (along with all console games) is regularly sold in NZ. In Australia, and I thought it was a wider company than that, we have [GameTraders](http://www.gametraders.com.au/#aboutus). Second-hand games are their speciality, though they also deal in new games. ---
**Author:** ![Apollyon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/apollyon/32/4238_2.png) [@Apollyon](https://boards.straightdope.com/u/Apollyon)\ **Post date:** [August 24, 2009, 4:13am UTC](https://boards.straightdope.com/t/software-copyright-question/507339/10 "2009-08-24T04:13:37Z")
> [@GuanoLad](#): > > In Australia, and I thought it was a wider company than that, we have [GameTraders](http://www.gametraders.com.au/#aboutus). Second-hand games are their speciality, though they also deal in new games. They look interesting; I don’t think we have them here. The major game chain in NZ at the moment seems to be [EB Games](http://www.ebgames.com/), who do trade used console games, but not PC. ☹ PC Games are however regularly sold through [trademe](http://www.trademe.co.nz/) (our local eBay equivalent).