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From what I've read
License agreements don't apply until you install the software. So you are free to sell the CD but if you have the software installed you must abide by the license agreement which say you can't sell the CD. If you uninstall the software you are no long bound by the license and are therefore free to sell the CD.

There is a reason for this. The license prevents you from buying say MS Office and installing it then leaving it installed while you sell the CD off.

Of course the game entirely changes when you don't go the shrink wrap route. Such as Corporate edition CD or OEM CDs.

The key thing to remember here is copyright laws. The copyright holder can license right to copy thier content. That's what happens when you install the software. Now technically fair use could also allow this too. That brings up a very interesting point. If you install software under fair use then does the license agreement apply as it's not the licensing agreement that is allowing to install but fair use. Fair use still does not allow you to install it and then turn around and sell the CD. You can no more do so than ripping a CD to MP3s and selling the CD.

There's been some article on this from lawyer debating how well license agreement would hold up in court. It was an interesting read. I think you google these if you're interested.
Posted by: voska   Posted on: 10/27/04 You are currently: a Guest | Members login | Terms of Use
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This is the new model, subscription  hipparchus2000 | 10/26/04
Yes, good point, but UserLinux is comming too.  DonnieBoy | 10/26/04
Debian?  Roger Ramjet | 10/27/04
Which is funny  rapson | 10/27/04
the implementation was different  hipparchus2000 | 10/27/04
For some people, yes, for others, no  CobraA1 | 10/27/04
I admire Sun more and more every day.  No_Ax_to_Grind | 10/26/04
Verry Scarry  Roger Ramjet | 10/27/04
Admirable's nice...  Anton Philidor | 10/27/04
Solaris is pretty much the same as Linux in engineering terms  hipparchus2000 | 10/27/04
I agree, but conside Sun's marketing clout.  No_Ax_to_Grind | 10/28/04
ok  V Sanders | 10/26/04
Sun could never get OEMs to go agaist the ms cash bac k program  V Sanders | 10/26/04
Yes, Debian is for Hackers, but it is the choice to base another distro  DonnieBoy | 10/27/04
Don't forget...  vdraken | 10/27/04
One word: Applications  ibnanouk | 10/27/04
Amen dude!  SantiagoCrespo | 10/27/04
or a preinstalled linux system  hipparchus2000 | 10/27/04
Zombie Programmers  Roger Ramjet | 10/27/04
desktop linux is growing fast though  hipparchus2000 | 10/27/04
Linspire (Lindows) has done this longer and better  RogerFairmont | 10/27/04
Jolly Roger  Roger Ramjet | 10/27/04
relies on WINE - no it doesn't  hipparchus2000 | 10/27/04
Linspire? Are they even still in business?  No_Ax_to_Grind | 10/27/04
CNR is cool  voska | 10/27/04
Sorry, but at least one court said you BUY software.  Update victim | 10/27/04
Not exactly the case  j.m.galvin | 10/27/04
From what I've read  voska | 10/27/04
In this case  j.m.galvin | 10/27/04
Duck hunting.  Anton Philidor | 10/27/04
Why do you license?  voska | 10/27/04
PCs are workstations  michael-t | 10/27/04
Don't trust the roadmap  alscook@... | 10/27/04
Office XP Pro OEM is only $150  george_ou | 10/27/04
But who wants to buy a new PC to get Office XP?  voska | 10/27/04
it's a free country  hipparchus2000 | 10/27/04
Only thing a Sun should do is burn  FilledOut | 10/27/04
Doesn't look like renting to me  BillShepp | 10/28/04

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