Last Stand for First Sale: Here’s a fascinating discussion about whether or not someone can rightfully sell a legal copy of a piece of software they purchased. A woman tried to sell a copy of Dress Shop 5 Pro on eBay, and was contacted by the manufacturer and advised that she could not sell her software.
Flores found it hard to believe that Livingsoft would really have the right to so utterly forbid the re-sale of their product. She had read some of my stories that talked about first sale doctrine of copyright law, which basically says you can do whatever you want with a legally-acquired copy of a product except make an illegal copy of it.
It’s an interesting story without a clear solution. The seems the company (Livingsoft) was upset with how this woman handled it, especially after she told the president of the company that the software “sucks.” They had previously allowed other people to sell the software, but she offended them with her honesty, so they withdrew that right from her.
I find it ridiculous that software companies don’t allow you to sell your software. You bought it, so you can sell it. I understand they’re concerned about piracy or people “forgetting” to delete software they’ve sold, but I don’t see that as my problem. I bought the software — I should be able to sell it too. I just can’t see why that is complicated.