NeXTSTEP Applications

[Mulder]

I've got 3 NeXTSTEP apps with license keys that I can sell. I don't have the actual packages for two of them, and the third I'm keeping unless somebody wants to pay me enough to part with it.

Anyway, the apps are:

• PencilMeIn 2.0.1 from Sarrus Software (calendar app similar to Apple's iCal)
• NoteBook 1.2 from Millennium Software Labs
• Adobe TouchType 2.1 (program for manipulating display type)

Two of these programs are no longer available, but I can sell these and the license keys to anyone who wants them. I'm asking $50 each, which is a far cry from their original selling price. I'd be emailing these to you, so there's no shipping involved and nothing to get lost. You would have to pay by PayPal, though.

If you're interested, or have any questions, send me a PM.

 

[ratfink]

Is that legal or just a grey abandonware thing, or don't we care here,

 

[Mulder]

Why would it be illegal to sell something I own.? If I own multiple cars, books, DVDs, etc. I'm allowed to sell them to whomever I please. Since I own multiple license keys, I'm free to sell a copy of any software that goes with those license keys, too.

Has common sense abandoned everyone?

 

[mbbrutman]

Why would it be illegal to sell something I own.? If I own multiple cars, books, DVDs, etc. I'm allowed to sell them to whomever I please. Since I own multiple license keys, I'm free to sell a copy of any software that goes with those license keys, too.

Has common sense abandoned everyone?

You are not transferring a physical good so the first sale doctrine does not apply. Selling a copy is a copyright violation unless explicitly allowed in that particular license agreement.

Can you prove that the license can be transferred without the physical media? If so, you may sell it here. Otherwise you must refrain from this activity here - emailing a license key is probably a violation of the original license agreement. And we all know that Apple defends its intellectual property.

Other forum members - please report posts like this when you see them.

 

[patscc]

Mulder said

Why would it be illegal to sell something I own.?

Um, are you sure you own them ? Don't most EULA's grant you a use license with various restrictions ? Typically nothing about ownership in there. Easily settled, though. Just post a copy of the EULA. How did you end up with multiple license, but no media, anyway ? Just out of curiosity ?
patscc

 

[Mulder]

You are not transferring a physical good so the first sale doctrine does not apply. Selling a copy is a copyright violation unless explicitly allowed in that particular license agreement.

If somebody wants physical floppy disks, I can make new ones to replace the bad originals, with the exception of the application that is too big to fit on floppies, but emailing is simply more convenient and eliminates shipping charges.

Can you prove that the license can be transferred without the physical media? If so, you may sell it here. Otherwise you must refrain from this activity here - emailing a license key is probably a violation of the original license agreement.

Yes. That's how I got some of my license keys to begin with, before the company(ies) had no more abiity to create them, and then went out of business. Some of them also transferred their applications to various NeXT archive servers for download and use by anyone who had a valid license key.

And we all know that Apple defends its intellectual property.

Apple has nothing to do with this. Besides that, the EULA that accompanies software has been held to be unenforceable by federal courts. It's nothing more than legalese designed to confuse and intimidate purchasers of software.

 

[Stone]

If somebody wants physical floppy disks, I can make new ones to replace the bad originals, with the exception of the application that is too big to fit on floppies, but emailing is simply more convenient and eliminates shipping charges.

If that's the case you'll need to ship the bad originals along with the new ones. Don't worry about the shipping charges -- they're minimal.

 

[mbbrutman]

Apple has nothing to do with this. Besides that, the EULA that accompanies software has been held to be unenforceable by federal courts. It's nothing more than legalese designed to confuse and intimidate purchasers of software.

You are correct - these are not Apple titles.

However, you can't just make copies of the diskettes. That is against the principle of first sale, which is what you were using to justify your ability to transfer the licenses. You need to send the original diskettes even if they are bad.

 

[Mulder]

You are correct - these are not Apple titles.

However, you can't just make copies of the diskettes. That is against the principle of first sale, which is what you were using to justify your ability to transfer the licenses. You need to send the original diskettes even if they are bad.

Actually, I can make copies, because the originals went bad long ago and I no longer have them, with the exception of the actual full packages of software, but those are $275 each. Anyone who knows where to look can also just download the software from the appropriate archive, but they would still need a valid license key to make it work — and those just aren't floating around out there for free. It's completely legal.

Interestingly, I have also obtained written permission to give away two of these applications (license key and all) for anyone to use that's running NeXTSTEP. But I'd only do that after I sell my license keys for these applications.

 

[mbbrutman]

Mulder,

As this point there are too many questions about the legality of what is going on here.

I am going to ask you to only list things for sale where the first sale doctrine can be readily applied. Anything else potentially opens us up to unwanted attention. It is not for us to judge what is going on, so the best way to handle this is to ask you not to do it so that we are not drawn into any problems it may create.

While I understand that you think you have a right to transfer/sell software in this way, I'm asking you not to do it here.