What should I do: My software was illegally resold

Someone recently told me he gave my program to a friend and asked if he would be able to register it (it was designed to a reg code is different each time its installed so that I can manually validate the purchase when its re-installed and to prevent illegal copies like this one).

I replied that I would not normally allow this, but I just changed the registration system that allows me to disable anyone's copy, so I said I'd allow the transfer on the condition that I disable his copy, he said ok so I disabled his copy and enabled the copy of who he gave it to.

I've recently found that that this was a lie, he had listed it on ebay for sale and it sold for about 2/3 the price I sell it for.

Should I do anything about that?

Things I could do:
-Disable the copy of the one that bought it
-Ask the one that sold it illegally to give the buyer his money back
-Leave a negative feedback on ebay to the one that bought it from me and resold it illegally

Should I do any of the above or just forget about this?

Disable the illegal copy and leave the negative feedback. Let the buyer chase the seller for his money.

I must say it doesn't say anywhere on my CD or box that resale is prohibited (obviously I've just added it so all copies printed from now on will have this).

So in a way the one that illegally sold it might not have known he wasnt allowed to, should I consider this my fault for not mentioning that resale is prohibited?

I don't get it.... he's not using it anymore. he can't use it on his computer anymore since you disabled it. you recieved money for one working copy which is essentially what is out there . . . . one working copy on the computer of the guy he sold it to.

I don't see the problem. dude made a couple bucks on something he didn't want anymore.....so what.

as long as he can't use it and his copy is disabled, what do you really care. one copy was purchased from you. one copy is in use. I don't see the problem.

as far as illegal to resale. I think that is a bunch of crap. once I buy something it is mine. If I choose to resale it, that should be my perogative so long as I don't break any laws in the process (copyright etc)

The thing is this is software, anyone can make as many copies as they want of it either by download or CD, so I must forbid resale, anyway the illegal buyer wouldnt be able to use it unless he bought it directly from me.

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Originally Posted by ClickHere2Surf.com

The thing is this is software, anyone can make as many copies as they want of it either by download or CD, so I must forbid resale, anyway the illegal buyer wouldnt be able to use it unless he bought it directly from me.

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you don't have to forbid anything. you said yourself you have an activaction policy in place - so what does it hurt if this guy transfers his copy to someone else? so long as he doesn't use it and his activation key or whatever doesn't work....right?

If I dont then people will be able to sell non-working copies without the buyer knowing he's buying something that wont work.

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Originally Posted by hudsonsmith

Disable the illegal copy and leave the negative feedback. Let the buyer chase the seller for his money.

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Huh? http://forums.windrivers.com/images/...s/confused.gif
Kato is right. Plus: you didn't lose any money. The original buyer paid full price and then resold it, at a loss, just like a used car.

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Originally Posted by clicker

If I dont then people will be able to sell non-working copies without the buyer knowing he's buying something that wont work.

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If you don't what?
btw: is there an underground market out there for software that doesn't work? https://forums.windrivers.com/images.../2005/03/1.gif
https://forums.windrivers.com/images.../2005/03/1.gif

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Originally Posted by kato2274

I don't get it.... he's not using it anymore. he can't use it on his computer anymore since you disabled it. you recieved money for one working copy which is essentially what is out there . . . . one working copy on the computer of the guy he sold it to.

I don't see the problem. dude made a couple bucks on something he didn't want anymore.....so what.

as long as he can't use it and his copy is disabled, what do you really care. one copy was purchased from you. one copy is in use. I don't see the problem.

as far as illegal to resale. I think that is a bunch of crap. once I buy something it is mine. If I choose to resale it, that should be my perogative so long as I don't break any laws in the process (copyright etc)

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Actually, there are PLENTY of software packages out there that are NOT transferable, or resalable. Allow my to offer an example, I work for company that, several years ago acquired another small company, actually a facet of another. In the purchase, several software titles were sold with it. Now, many many years later, several of the calculator software packages were in need of updating. When contacting the companies that manufactured it, also when reading the fine print, it’s plain as day “not Transferable”, even in the manor in which we “absorbed” the other company. We technically were in copyright violation all along, and since we were stupid enough to admit this (wasn’t me) to the manufacturer, it was in our company’s best interest to repurchase the newer version, to prevent any unnecessary copyright violation audit. Some of these packages range from several hundred, to several thousand.

Anyway, the short story is, it’s entirely up to the discretion of the manufacturer how the license is handled. Bottom line when you purchase software, you don’t own it, you own the right to use it. The software program itself is intellectual property that belongs to the manufacture.

Smurf, it’s probably best that you let this one go, and rewrite all of the license information, perhaps consulting a source that can give you proper advise on the verbiage of a copywrite would be a good idea, even if it costs a little money to retain those services.

I , for one, am firmly behind the stance taken by Kato and RRR on this one. If I purchase a music CD, which is intellectual property, and get bored and sell it to someone else no one else would even bat an eye. Either it is the same difference here or else we as consumers are getting royally reamed by the software industry and need to stop paying for high priced software.

I'm confused. Was this a situtation where a guy was doing a one time sale of a product he no longer wanted, or was this guy remarketing multiple copies of your software. My answer above assumed the latter. If the former is the case then I would tend to agree with Kato and TripleR - no harm, no foul.

It all depends on the way the license agreement is written. Unless there is a specification that selling is prohibited, the buyer has the right to sell it if he is no longer using it. And let's face it, if you make good program that becomes popular, you should expect to see an activation crack.

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Originally Posted by jitBob

I , for one, am firmly behind the stance taken by Kato and RRR on this one. If I purchase a music CD, which is intellectual property, and get bored and sell it to someone else no one else would even bat an eye. Either it is the same difference here or else we as consumers are getting royally reamed by the software industry and need to stop paying for high priced software.

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Ok, now all OEM MS products are licensed to die with the PC they are installed on. That includes OS (XP Pro and Home), and OEM Office versions. You will want to voice your opinion directly to all oem distributors, and Microsoft directly. I presume however that transfer is legit as long as the PC is sold with the software...

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Originally Posted by Ya_know

Ok, now all OEM MS products are licensed to die with the PC they are installed on.

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That is arguable. True, you cannot transfer the software to a different PC. But you may upgrade the PC. First upgrade everything but the mouse. Then the mouse... Technically you have never transferred it to a different PC.

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Originally Posted by Ya_know

Ok, now all OEM MS products are licensed to die with the PC they are installed on. That includes OS (XP Pro and Home), and OEM Office versions. You will want to voice your opinion directly to all oem distributors, and Microsoft directly. I presume however that transfer is legit as long as the PC is sold with the software...

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Some only require that you send them notice that you have transfered the software to another.

Besides, what the EULA states, that I agree to and abid by is sometimes a very different thing from the way I may feel. If I purchase the rights to use a copy of a software program on a disk I should be able to remove that program completely (at least to the best of abilities without damaging the computer and that's another story) from the computer and resell the right to use the disk complete with the copy of the EULA attached. No profit intended or made on the sale.
I will not install any software on a computer that that the owner does not have a ligitimate copy of the software and I darn sure won't reinstall anything without the original disks.

Normally I would agree with the idea that you can resell the software. But the guy specifically lied to you... that would piss me off... to the point I would contact the buyer of the program and inform them their purchase of their software was under false pretenses and the license will be terminated.