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Is it illegal for me to resell this product?

by bigfoot12
16 replies
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I purchased 2 Nikon cameras retail from a company and received 2 copies of the lightroom photoshop 5 as a free gift.


And it has "Not to be sold separately" on the front of the computer software.

If I resell this on ebay, will I be breaking the law, and committing a serious crime?
#illegal #product #sell
  • Profile picture of the author Nice Sabino
    Yes. You'll be violating the anti-piracy law. Adobe can even sue you for that.
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  • Profile picture of the author eHooligan
    YES

    you've " genuine " copy of Photoshop

    I wouldn't risk troubles for 30 bucks !
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  • Profile picture of the author paulie123
    You can give them away!
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    • Profile picture of the author bigfoot12
      What if I sold it as used?
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      • Profile picture of the author Nice Sabino
        Adobe has every legal right to sue you, regardless if it's used or not. It's also clearly stated in the packaging "Not to be sold separately".

        Originally Posted by bigfoot12 View Post

        What if I sold it as used?
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        • Profile picture of the author bigfoot12
          can I just buy a used digital camera for 10 or 15 dollars and resell the new software with the used camera for full price at $175?
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          • Profile picture of the author salegurus
            Originally Posted by bigfoot12 View Post

            can I just buy a used digital camera for 10 or 15 dollars and resell the new software with the used camera for full price at $175?
            You seem determined to sell the software so let me help you out.
            There is zero chance of you getting $175 for the software.
            Go to eBay and, use the advanced search and see what other copies have sold for,
            between $60 and $90 Max...

            PS. I hope you got a deal on those Nikon's, you won't get retail on eBay....
            Plus between eBay and Paypal fees you will lose another 10% of selling price...
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  • Profile picture of the author bigfoot12
    can I just buy a used digital camera for 10 or 15 dollars and resell the new software with the used cameras?
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  • Profile picture of the author JohnMcCabe
    Originally Posted by bigfoot12 View Post

    I purchased 2 Nikon cameras retail from a company and received 2 copies of the lightroom photoshop 5 as a free gift.


    And it has "Not to be sold separately" on the front of the computer software.

    If I resell this on ebay, will I be breaking the law, and committing a serious crime?
    Warning: Layman's opinion coming.

    As I read things, and I have checked it out before doing exactly as you propose, that warning is for the original retailer. In other words, the software is intended to be sold as a package by the original retailer. They can't go through their stock, strip out the copies, and put them on a rack.

    When you bought the package, you bought the camera and the software license. As such, I believe you are allowed to transfer that license (through an eBay auction, for example). If you do so, you give up your right to use that copy of the software, as identified by the serial number. You are still free to use the other copy, though.

    If you check eBay's listings, you'll find a thriving market for software included with other products (like cameras, printers or scanners). Just don't lie about the origin of the software, and disclose the lack of a print manual and other materials that come in a commercial copy.
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    • Profile picture of the author savidge4
      John,

      I think you are right on the mark. There are copies of this software with the yellow banner tag across the bottom on E-Bay right now. If you were going to get "Caught" selling it, E-Bay would not allow the sale of the item.

      They are going for about $69.00 by the way, not $175.00

      Originally Posted by JohnMcCabe View Post

      Warning: Layman's opinion coming.

      As I read things, and I have checked it out before doing exactly as you propose, that warning is for the original retailer. In other words, the software is intended to be sold as a package by the original retailer. They can't go through their stock, strip out the copies, and put them on a rack.

      When you bought the package, you bought the camera and the software license. As such, I believe you are allowed to transfer that license (through an eBay auction, for example). If you do so, you give up your right to use that copy of the software, as identified by the serial number. You are still free to use the other copy, though.

      If you check eBay's listings, you'll find a thriving market for software included with other products (like cameras, printers or scanners). Just don't lie about the origin of the software, and disclose the lack of a print manual and other materials that come in a commercial copy.
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  • Profile picture of the author DubDubDubDot
    If the software is still sealed up, then you are definitely okay to sell it.

    If it requires a registration code and that code hasn't been used yet or you have deleted the software previously installed using that code, you can sell it.

    If it requires a registration code and you will not be including the code (just the CD), then you can sell it as long as you disclose that the code isn't included.
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    • Profile picture of the author Enfusia
      Excuse me. Why are you asking for legal advice on a forum?

      Everyone here has the desire to help you, they want to and they mean well. But you're asking for legal advice from non lawyers.

      Then when you act upon this advice and you get your butt handed to you then what?

      Think about that for just a moment.
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  • Profile picture of the author WalkingCarpet
    Banned
    Just sell em mate. Adobe not gonna sue you for 30 bucks. lol.
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    • Profile picture of the author seasoned
      Originally Posted by WalkingCarpet View Post

      Just sell em mate. Adobe not gonna sue you for 30 bucks. lol.
      You're RIGHT! They WON'T sue for $30! That is STUPID! After all, you may have sold a million copies! They would likely sue for POTENTIAL SALES, PUNISHMENT, EVIDENCE, ETC... Just PUNISHMENT ALONE would be UPWARDS of $5000! You could take that to the bank!

      $30! It costs more than that to REGISTER the case, and that wouldn't even pay for 9 MINUTES of a lawyers time. But that is NOT how the courts work! BTW people have LITERALLY been thrown in jail for stealing a SLICE of pizza! SERIOUSLY! In california, there was at least one person that was going to have a LIFE SENTENCE! Of course, he had 2 BIGGER felonies that he had earlier, and it was to be the final straw on a "3 strikes conviction", but still, it was a PIZZA, not even a WHOLE one! Speaking of ADOBE! One guy wrote a program. He WROTE A PROGRAM! He gave it away! GAVE IT AWAY!!!!!!!! One company got upset. They had him THROWN IN JAIL!!!!!!!!! The name of the company? ADOBE! What did the program do? It simply read encrypted PDF files! That's IT! For your reading enjoyment:

      'Pizza thief' walks the line - Los Angeles Times

      United States v. ElcomSoft and Sklyarov - Wikipedia, the free encyclopedia

      All that said, JohnMcCabe is likely right.

      WARNING!!!!!!!!! If you got the license code outside that sealed package, it certainly ISN'T legal! It likely has limits on upgrades, etc... It may require other items for an upgrade! It may be a REAL PROCESSED OEM version, meaning it may work ONLY if the buyer has that camera, etc....! It may be a LIMITED version! In short, even if it is legal, it may not be ethical.

      Steve
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  • Profile picture of the author mkgg
    They are not going to bother mate so sell em but if you are asking is it wrong then yes it is. Do what you please
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  • Profile picture of the author Dennis Gaskill
    Why don't you just ask Adobe if you can do that?

    Perhaps because you already know the answer?
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    Just when you think you've got it all figured out, someone changes the rules.

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