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Can you sell on a PC with FSX addons on?


MDF86

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Hi all

 

Random question but can you sell a PC with software on it to another person?

 

The time has come sadly where I must say goodbye to my custom made gaming PC and the flight simulation hobby, and it's killing me how much I've spent on software addons etc to just wipe it all off and sell the PC as new.

 

I was hoping I could sell it to a fellow simmer who would be able to use the hundreds of pounds of addon software and aircraft I have.

 

We're talking PMDG NGX and 777, ORBX global, vector, open LC, England, Norway, Australia, as well as many addon airports, FS GLobal mesh...the list goes on.

 

I'm hoping I'm allowed to do that and can therefore attach a price to the PC and a small extra to recoup a small fraction of the money I've spent on the hobby. Obviously a fellow simmer would appreciate the value for money here whereas Joe Bloggs on eBay wouldn't have the slightest interest and I'd just end up reformatting the entire PC.

 

If this in anyway violates any rules then please delete. Just putting some feelers out to see what I am and am not allowed to do re selling on software.

 

Thanks

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This is a complex question and depends on a number of factors.  First is where you live as different countries have different rules about this which trump any software company EULA's.   I think the EU is one of these zones but not 100% sure. Barring that exception it comes down to the end user agreement on the software you purchased and likely means you cannot sell it. 

Mark   CYYZ      

 

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You are in the UK and as part of the EU are legally allowed to sell your second hand software.  The court cases supporting this are below.

 

 

On 3 July 2012, the European Court of Justice handed down its landmark decision in the UsedSoft versus Oracle case, ruling that the owner of copyright in software cannot prevent a perpetual licensee who has downloaded the software from the internet from selling his ‘used’ licence.

In October 2013, the district court of Hamburg court ruled in favour of second-hand software dealer, Susensoft in its case against SAP. The Court said two clauses in SAP’s general terms and conditions for licensing and maintaining standard software were anti-competitive. From a second-user perspective, the court stated that SAP’s clause, which stipulated that it required written approval for software transfers, was not legally binding.

"Reselling compliant software licences is perfectly legal. The law is clear on the licences that can be sold: neither buyers nor sellers have anything to worry about," said Cécile Grégoire, business development manager at second-hand software distributor, NearlyNewSoftware. 

Software publishers cannot legally restrict the resale of second-hand software licences. The European Court of Justice, sitting as a Grand Chamber of 15 judges, clarified this in UsedSoft v Oracle. 

Such a decision cannot be over-ruled and must be followed by all courts in the European Economic Area: if a software publisher were to lodge legal proceedings against compliant licence sales, any court would follow the UsedSoft judgement, as the recent ruling in SusenSoftware v SAP demonstrates.

Mark   CYYZ      

 

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If you are selling the Software licenses, then you no longer own the licenses.. so you must NOT use the software on the PC's you own or build in the future.

 

Well that makes sense.  

 

Interesting, thanks Mark.

 

On an unrelated topic is anyone interested in an excellent PC with several hundreds of pounds of FSX addons :lol:

 

I would love to get FS Global but I don't live in the EU so I will leave you to advertise it in the UK.

Mark   CYYZ      

 

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If you are selling the Software licenses, then you no longer own the licenses.. so you must NOT use the software on the PC's you own or build in the future.

Yes I wouldn't have done that at all. Believe me I certainly wouldn't be selling if I had plans to use the software as im already looking at a massive loss compared to what I spent!

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This is an interesting question, never thought about it before this, always just gutted my computers shredding HDs.  But everytime I did those computers were very useless.

 

So I have an old laptop that has a running copy of Windows 3.0 on it.  I can't see why I couldn't sell the darn thing as is and get a little coin.

Bryan Wallis aka "fltsimguy"

Maple Bay, British Columbia

Near CAM3

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So I have an old laptop that has a running copy of Windows 3.0 on it.  I can't see why I couldn't sell the darn thing as is and get a little coin.

 

with my next build I intend on selling my current rig because to be honest....the OEM of Windows 7 comes with it and that has more value then the computer. Lots of people would buy that machine for a couple of hundred dollars as it is a perfectly functioning I7 950 with WIndows 7, this saves people from buying a new one with Windows 8 and saves a lot of money.

 

As for an old machine running Windows 3.0 you would be surprised how many hobbyists are buying up vintage machines. 80486DX2 66mhz is the one with the highest value (I still have mine). 

Matthew Kane

 

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