PS1 B744 sim wanted
 

Looking to get a hold of the Aerowinx Precision Simulator program, but don't want to shell out the 170quid for it! Anyone have a copy they are looking to sell?
pm me if so...

I am sure that anyone ready to 'sell' this to you will already know that they are breaking the laws of Copyright and Gee, why am I bothering to say this? I must be getting old.

It's not a violation of copyright to resell -- making unauthorised copies is.

And the product is next to useless without the manual, especially as updates and supplemental web materials commonly use passwords from various pages of the manual.

Even that is not necessarily so, often when you purchase software you are only purcasing a licence to use that software and if you study the small print carefully you may find you are not permitted to resell that licence. In that case you are not the owner of the actual sofrtware.

A pedantic point maybe but it is a boring sunday!

Umm, actually that's incorrect. It is obviously within your property rights to resell, trade or give away anything you purchase - the only exceptions that come to mind as far as software is concerned are pieces of software you acquire with special pricing and licensing (e.g. student pricing: you obviously can't buy an academic version of Mathematica and then resell it for five times as much on ebay) and software received with special contractual obligations (for instance an NDA or something else).

But these are special cases, where you will have signed a contract before even getting your hands on the software. In the normal case, you can go to any electronics store and purchase a software package or game over the counter and you can sell it to anyone you please. The software manufacturer can put anything they want into their EULA - it doesn't make it legal or legally binding. An EULA can only become binding if you open and use the software, and even then certain parts of an EULA may not apply to you, depending on where you live or may be invalid altogether, because they are contradictory to the law (not uncommon).

bumboclot,

Maybe have a look at PMDG's 747-400 sim they should be releasing soon. Their 737NG package is very good.

http://www.precisionmanuals.com/html/747400.htm

"The software manufacturer can put anything they want into their EULA - it doesn't make it legal or legally binding. An EULA can only become binding if you open and use the software"

I was rather assuming the originator of this post was asking someone to sell him second hand software, ie one where the packaged had been opened and the EULA was now in force......

Obviously the chances of a sofware company persuing an individual through the courts is remote, but despite the above claims, EULAs are enforceable.

Actually, no they're not necessarily. Software companies can put anything they want into an EULA, but there's a big difference between having some clause in an EULA and being able to enforce it in a court of law. Provisions in a contract that make you give up fundamental rights are generally not enforceable and thus non-binding. So a software maker can say for instance that you can't make backup copies of their CD's, but the clause would not be enforceable, since your fair-use rights obviously take precedence and can not be waivered. The same thing applies to your much more fundamental property rights. You can trade, lend, sell and smoke your software and there isn't one thing the software maker can do about it.

Please check your PMs