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Is it legal to "Trade" NFR software?

R

rml

Lifer
I've seen so many people "Trading" those Free Visual Studio.Net and XP PRO Not-For-Resale version on the "For Sale/For Trade" forum.

I know they are not selling it but I believe it is still illegal? What's your opinion?
 
and is not licensed for normal commercial distribution and use, is diverted into normal commercial channels of distribution.


from the link to ms.

heres the way i read it. no it's not legal to resell it legally, but can i sell it to a friend of mine? can i give it to a friend of mine? can i TRADE it to a friend of mine? nothing in the passage implies that i couldn't.

if ms caught you w/ a NFR copy on ur system would you be guilty of anything? no. as long as your the only owner/user of that piece of software.


Note: this is a Personal opinion not a LEGAL one. I could very well be wrong.
 
It can be interpreted different ways. I have always thought that NFR software was not to be sold by a company like Best Buy, etc.
 
Thanks Viper GTS for the link.

Academic product misuse. This form of license misuse occurs when a product that is manufactured, licensed, and specifically marked for distribution to educational institutions and students at reduced prices is diverted into normal commercial channels of distribution. Typically this product will contain a sticker indicating that it is an academic product and for use only by educational institutions.



So the question is: Is trading at these online forum a "normal commercial channel of distribution"?

If it is not a "normal" commercial channel", we could even let people sell it at these forum.

If it is considered "normal", should we ban "trading" these software as well?
 
There is nothing "normal" in the For Sale/Trade forums. In fact. dealers are banned. I'd say, and you know I'm right, that trades and sales of these items in the forums, is perfectly legal in spirit and letter. Someone better tell the mods it's ok, Yuk yuk
😉
 
a quote from the EULA on my XP cd. its in the /i386/ folder for those of you intrested. (eula.txt)

8. NOT FOR RESALE SOFTWARE. Product
identified as "Not for Resale" or "NFR," may not be resold,
transferred or used for any purpose other than
demonstration, test or evaluation.

i think that rules out trading IMO.
 
"NFR," may not be resold,
transferred or used for any purpose other than
demonstration, test or evaluation.

You can trade it for demonstration and evaluation only. If you plan on keeping it and legitimately using it, then you have to buy the full version.
 
Software licenses are meaningless in non-UCITA states. (Currently only Maryland and Virginia have passed UCITA.)

In the other 48 states, you need to sign a contract with your John Hancock on it for the contract to have any legal force.

Treat the software license as a completely legally non-binding document, which is what it is. In other words, ignore it.
 
It is poorly drafted. The question is whether trading it online qualifies as a normal channel of commercial distribution. I would think that it might be just that.

 
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