Member Avatar for jbennet

I got a book and some software together ( VB2003 Standard Edition on cdroms and VB2003 Step by step by Microsoft Press). there excellent for beginner. It started me off in VB. Book is 300 big pages and its also included on the CDrom in HTML format. The whole lot cost me £95 in 2004 ( at the time VB2003 on its own was £100 and the book must be worth like 39.99)

A friend wants to buy it (Ive now got the .NET 2005 version and use it in conjunction with Express edition). How much do you think i should let it go for? Also is resale against the EULA?

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Short summary tied to the thread: whether a boxed/developer package can be resold depends less on the product age and more on the license type (retail vs OEM vs volume), the activation/registration mechanism, and the law where the transfer happens. Several useful points were already made by , , and ; the checklist below fills gaps and gives a small legal roadmap.

Practical seller checklist

  • Confirm the exact license type and the text of the licence you accepted; keep the original media, manuals and product key.
  • Remove every copy from personal systems and note any activation/deactivation steps required by the product (some older Microsoft products used phone activation).
  • Provide buyer with all original materials and a brief written bill of sale that states the licence is being transferred and that the buyer accepts the original licence terms.
  • Preserve proof of purchase in case the buyer needs support or activation help.
  • Market-wise, check completed auctions for similar items to set price; specialist used-book/software shops pay low amounts but are a quick option.

Legal context (brief and verifiable)

  • U.S. first-sale/copyright law is in 17 U.S.C. § 109 and can allow resale of a physical copy, but case law has limited how that applies to software licences (example: Vernor v. Autodesk, 9th Cir.). See the statute and the case for details: 17 U.S.C. 109 and Vernor v. Autodesk (9th Cir.).
  • In the EU the Court of Justice recognised resale of certain downloaded licences in UsedSoft v. Oracle; consult the decision text for the scope: CJEU, UsedSoft (C-128/11).

Caution: laws differ by country and licence wording matters. The above expands on the points already raised in the thread and gives concrete steps to complete a clean transfer.

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Member Avatar for tgreer

I'm not a lawyer, so this is not legal advice but "just some guy talking": if you uninstall the software that came with the book, you can sell it for whatever price you can get for it.

Member Avatar for Ancient Dragon

I agree with tgreer -- sell it or give it away to your friend. Even if it is illegal the softward police are not going to go after you because it is only a one-time deal. Now, if you are in the business of selling illegal software, that is a different story.

Member Avatar for jbennet

Thank you. I may sell it then.

Do any of you have VB.NET 2003 SE?

I find it useful in conjunction with express edition as VB2003 has things like the dataform wizard which express doesnt have

Member Avatar for ChadW

Strictly speaking from my experiences, there are stores in my town that will buy and resell software at a reduced price (games, apps, etc). One in particular is called "Half Priced Books". For the most part, from what I've read in the past, as long as you un-install software from your machine, you could legally install it on another machine. It would follow that it really wouldn't matter if it was *your* machine, or someone elses. If they happen to give you a ...delivery fee, so be it. Also, you can sell software (used or new) on eBay so long as it is accompanied by some "hard" item (book, device, etc). I'm guessing, shouldn't be a problem.

Member Avatar for waynespangler

Some software (AutoCad for one) will not let you resell the software, it is in the license. Don't know about vb but I think you can resell it.

Member Avatar for Ancient Dragon

Many software licenses I have read say that you do not own the soaftware but you own the right to use the software.

Member Avatar for jbennet

hence "licence"

anyways i read up on it, in the eula it says that:

you may make make a one-time permanent transfer of the software product and all associated materials including this EULA provided the recipient agrees with the terms of thie EULA and you remove all copies of the software from your PC

so im selling it and getting the 2005 version (to use with express)

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