Hi Everyone!

Like many of you I'm sure, I have multiple versions of Cakewalk/ProAudio/ Sonar etc and have no clue what to do with them. Since the EULA agreement prohibits selling the old copies, that's out. Anyone have any other ideas? Thanks!

Keep them for historical purposes ;)

Also, some of the plugins that came with the older versions are still usable, so if you have the space, just let 'em stay where they are.

ORIGINAL: mdortona

Hi Everyone!

Like many of you I'm sure, I have multiple versions of Cakewalk/ProAudio/ Sonar etc and have no clue what to do with them. Since the EULA agreement prohibits selling the old copies, that's out. Anyone have any other ideas? Thanks!

hi matt,
i called cakewalk to ask if i could give (at no cost) my older copy
of Sonar to a friend of mine. However, even though no money changed
hands, this was considered a transfer of my license to someone else. This is
not allowed. The bottom line is .. when you buy Sonar .. *you* buy
it and no one else. Therefore, the best you can do is to recycle the
materials in an environmentally sound manner ;-)
perhaps it might be possible to "gift" it to a school or some other non-profit,
but you would have to obtain Twelve Tone's permission in order to do so.
perhaps they would consider it .. although they do have considerably discounted
prices for academic institutions already.
jeff

Just because it says something in the EULA doesn't make it legal.

Microsoft got smacked down for this very thing (license reselling) and I believe it was ruled illegal; you CAN resell your software.

Ok, I am a Licensed Land Surveyor, Officer of the court; I studied and interpret law, expert witness, legal descriptions, environmental law, property law (used to, kids grown, Now I do what I've always done, play music, But still LICENSED). What is happening here is when you buy your first copy of Cakewalk, that is when you are buying your license, after that you are purchasing an upgrade to that license. I reason' you could sell your license, but you would be giving up all your rights to use Cakewalk any of your versions, that is how the MS ruling would most likely would affect this. See in laymen’s terms, when you buy an upgrade Morten is not selling you another license; he is selling you an upgrade to that original license DONE DEAL. If there are any lawyers out there I will argue this interpretation of the law. I miss the work I did for 30 years sometimes. But that is why you cannot transfer a previous disk.................JDW

it is true that you can sell your software (ie the media and book),
however you cannot grant the license to use it to another person.
if the other person wants to read the book and admire the artwork
on the CDROM ..so be it. but, they're *not* allowed to use it.
i would urge you to abide by this .. because i really don't want to
have to deal with dongles and all the other crap .. i know if feels funny
to have old copies of Sonar being idle .. but giving it to someone
takes a potential sale away from cakewalk ..
and that's not right IMHO. Sonar 2 and 3 are pretty potent programs
even though they're "old."
jeff

Well, I don't want to crash this thread because I have only just started using Sonar and have no intentions of selling it. But I am bored at work and VERY intrigued by this.......So let's say I have Sonar 3 Producer. I want 4. I completely uninstall Sonar 3, and want to GIVE it to a friend....Then buy 4 and put it on my computer......is this wrong?

Yes, that is wrong.

it's wrong actually ... once you installed the software and clicked on the
"I agree" button .. you became the licenser .. even if you uninstall
it and never use it again. as mentioned prior, twelve tone does
not allow you to transfer your license to another person.

now, if you bought your friend a copy of Sonar .. you never installed it
and he or she installed it and becomes the licenser . then not only would
be an exemplary friend, but all would be cool legally.

jeff
[edited for tense correction]

ORIGINAL: bongo boy

Just because it says something in the EULA doesn't make it legal.

Microsoft got smacked down for this very thing (license reselling) and I believe it was ruled illegal; you CAN resell your software.

US Court Ruling EULA

What courts have decided is to permit the transfer of a specific license IN WHOLE for bundled software never installed. No court, to the best of my knowledge, has ever permitted a licensed user to transfer their license to an earlier USED version while retaining license to an upgrade version obtained as an upgrade.

If you bought Sonar 4 at the upgrade price, then it is forever associated with the eralier version(s) that gave qualified you for the upgrade price. If there were any legal decision made contrary to the EULA as stated it would have to include ALL current and prior copies as an entire unit.

Courts have also upheld the right of consumers to publish bench marks or reviews even though forbidden by EULAs.
http://www.freedom-to-tinker.com/archives/000264.html

Be Inc, released BeOs forbidding users to talk among themselves, to compare results, or publish test results. Nonetheless, such a requirement are unenforceable. This particular point has not yet been challanged by people who would love to publish DataBase benchmarks for Big industries.

Courts have ruled that a purchaser of bundled PRE-INSTALLED software is entitled to a refund if the EULA warns them not to install it if they do not accept the EULA. Toshiba, for example, was forced to refund the cost of preinstalled windows OS for users who declined the EULA and installed Linux instead. The EULA specifically told the user to return the product to place of purchase for a full refund if they could not accept the EULA.

EULA language that is overly manipulative or assertive for the technology rights of the author is likely to be mellowed out in favor of users if and when it gets to court. But I would not encourage anyone to volunteer to finance their own test case. knowhatimean!