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Can i sell my EZ-CAM dongle leagely

g-coder05

g-coder05

Titanium
Joined
Mar 5, 2006
Location
Subic Bay
I used to be an ez-cam dealer and i baught the dealers package that has ez mill 3d, ez turn, and ez wire. i payed 1500.00 for the key and disk and im looking to get my money back from this. the problem is that when the program opens the top of the screen says "dealer educational only not for resale" there was never a contract between myself and ez-cam and with the supreem courts ruling on software "you bought it you own it" i should have the right to sell it. right?? :confused:
 
Before anyone answers that, why don't you specifically cite the Supreme Court ruling, and disseminate it?

Do you always ask your legal questions in a machinist's forum?
 
The text of the case is at:

http://cryptome.org/softman-v-adobe.htm

In the case of a "not for resale"...you maintain there was never a contract, but there was at least an implied contract.

In any case, it's much like a car dealer getting a discount on a car as a demo...if they won't accept it back for valuable consideration, I don't see why you, as a dealer, would be stuck with an aged product.

Cars too btw, contain proprietary software, but we never hear about that issue when selling your car!
 
failsafe, in can look at the case all day but these are published by leagal guru's that dont want you to understand whats going on, being im a machinist not an attourney i feel they have a slite addvantage munipulating the system in there favor. never the less, thanks guys for the links. ill give them a shot.
 
As long as you have a legal copy of the software, you can sell it. In the absence of a SIGNED contract, pre-dating your purchase of the software, prohibiting the future sale, there's nothing the original seller can do to control what you do with the software or how you choose to dispose of it. There is no Supreme Court ruling that I know of, but there are multiple rulings at the federal district and appeals levels that affirm your right to sell it just as you might sell a book or any other copyrighted material you legally purchased. Conditions or restrictions which may be printed or displayed within the software consistently have no force of law in the eyes of the court. The principle of "first sale" gives the author the right to be the sole seller of original copies, but that same principle also establishes the right of the purchaser to transfer or sell his legally purchased copy at will. There's nothing tricky or "gray" about this. It is the ruling case law regardless of what failsafe or any other software company mouthpiece supposedly "in the know" may tell you.

Assuming you're an honest guy, you should tell any potential buyer that they most likely will not be able to get support on the product from the original vendor. If support was offered or advertised as a selling feature of the product, the seller became contractually obligated to provide that support to you when he accepted your money for the purchase. He has no contractual responsibility to subsequent purchasers, because they were not parties to the original contract.
 
g-coder05:

While I respect your efforts to validate the legality of your actions, I'll warn you that forums are, after all, still filled with "armchair warriors." Unless anyone here can provide their BAR certification number, their advice is just in passing.

Of course, you can always take advice that you get in forums. Just remember the legal "experts" who disseminated rulings, and interpreted laws for themselves, and wrote those wonderful "don't pay income tax" publications. It was all perfectly legal, and yet they, and a host of their subscribers, have all since been indicted.

I'm not trying to keep you from doing what you want to do - but a legal consultation is worth the time, when there are financial ramifications. Even if you aren't successfully sued, the oldest trick in the book is to "bleed out" the mark. This is just the kind of thing that could put you in a court room, and cost you a lot of money for nothing.


Specifics of this case:

1) district court (California)
2) bundled ("shrink wrap") software
3) not yet ruled on by Supreme Court

Shrink wrap software isn't the kind of thing that has "dealer" copies.

Proceed with caution...
 
Shrink wrap software isn't the kind of thing that has "dealer" copies.
Click to expand...
Actually, that's not entirely correct. I have, still in the box with the shrinkwrap, a copy of Office 97 business edition.
Back in the mid to late 90-s I was selling computers, and as such I've had a MS reseller ID.
The copy I have is a true honest-the-god Office package, purchased for $18.50 under Microsoft's Dealer evaluation program. There is only one copy/reseller is allowed, purchase authorization is obtained directly from MS based on your reseller ID, but no restriction as to how that copy is to be used. Sell it, use it, burn it, give it away, doesn't matter.


Does that apply to EZ-Cam? Dunno, just stating my case.
 
My mistake. Perhaps the more appropriate term would be "doesn't usually have" dealer copies.

Thanks for the feedback.
 
Your absolute best bet when deciding weather or not you can do it is to read your EULA (End User's License Agreement). It's the thing you checked when you installed the software that says "I have read and accepted..." ;) Most have a paragraph or several about "Transferring Licenses" and the like though. From experience, most say something to the effect of "License is not transferable", but each software package is different and each company has different policies regarding this.

Hope That Helps
 
g-coder,
Take note that this piece of useful advice was passed on to you by a newly arrived Mastercam mouthpiece, and although they may not have a clue about machining, they are always fully versed in puking forth EULA warnings.
 
Great idea pi, now i just got to figure out what a full blown version of cheezy cam is worth per year :cool:
 
All EZ-CAM keys are stored in a database, as would be in any other software provider. Your contact information is linked to this key. Dealer and Educational keys trigger an alarm in the EZ-CAM border, as you mentioned. Any honest person would respect they were given a special discount to support EZ-CAM and help others benefit. Would it not be possible that a Dealer/Educational key in the hands of a typical user be considered stolen? I would suggest you contact EZ-CAM and ask what is the professional way of handling such a situation.
 
When an individual complains about software wouldn’t it be helpful to others in this forum if you were more specific about your dissatisfaction? There are many positive posts and testimonies from people who use EZ-CAM on a variety of applications.
 
I'm sure the Op fingered it out 12 years ago.

Reason for dredging up every EZ-Cam thread ?
 
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