Originally Posted by flystudent
Interesting topic.
I have a couple of questions about it.
If you purchased the software but did not use it, or as you installed it you disagreed with the EULA (i.e. didnt accept the YES I agree) then in this instance you have not accepted the EULA and are free to sell the product on?
No. The software is not yours and must be returned to the retailer
If you are the recipient of a 2nd hand product (e.g. it was given to you) and the EULA has been accepted by someone else (the original purchaser) can the same EULA for the same product be enforced on the 2nd user, i.e. the 2nd user could sell the product 2nd hand?
No. You have received the goods illegally (assuming OAT's EULA is legal) and have no rights to use or transfer them.
And using the example below, could one reverse engineer the CD and sell it on, without ever installing the software, again not accepting the EULA.
There must be some case law somewhere
No. You are in breach of copyright (as I understand it), which would have nothing to do with any EULA.
As for the cases you quote, and the anecdotal info, they are US and not particularly relevant.I am not interested in posts telling us how to get around EULAs and I will not let Pprune be a vehicle for advocating software piracy. I advise you all to be aware of these EULAs, and to assume that they are legal until a precedent has been set that clarifies the situation.
Scroggs