Resell Apple Software?
September 7, 2007 6:28 PM Subscribe
I'm an idiot. I bought my first Macbook this week, and I added iLife '08 to my order. My Macbook CAME with iLife '08. Can I resell my Apple Software?
Response by poster: iLife didn't ask for a license, even though iWork did.
posted by nikko at 6:46 PM on September 7, 2007
posted by nikko at 6:46 PM on September 7, 2007
The full, working iLife is bundled with new hardware; iWork is a trial.
The refund policy gives you 14 days provided the software was boxed and you haven't opened it. Now, if you bought at an Apple store, you should take it back and ask why this wasn't mentioned; if you bought online, give Apple sales support a call and plead your case with them.
posted by holgate at 7:32 PM on September 7, 2007
The refund policy gives you 14 days provided the software was boxed and you haven't opened it. Now, if you bought at an Apple store, you should take it back and ask why this wasn't mentioned; if you bought online, give Apple sales support a call and plead your case with them.
posted by holgate at 7:32 PM on September 7, 2007
Apple Software Licenses.
IANAL, but as I understand it, you can resell it even if you have installed it and used it, so long as you sell the complete package to the person, and uninstall/delete any copies of the software that you may have. There's been no activation nonsense with any of the Apple software I've used (including OS installs, even) where the software is bound to your machine a la Microsoft.
From the iLife '08 SLA:
3. Transfer. You may not rent, lease, lend or sublicense the Apple Software. You may, however, make a one-time permanent transfer of all of your license rights to the Apple Software to another party, provided that: (a) the transfer must include all of the Apple Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Apple Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Apple Software reads and agrees to accept the terms and conditions of this License. All components of the Apple Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications.
You may not get the full value back but it sounds like you have some recourse to sell it on your own if for some reason they don't accept a return.
If you got your MacBook this week, though, you're well within the 14-day return window, provided that you didn't open the iLife box (and even if you did, if you ask nicely and explain your confusion, they'll probably help you out. I imagine this isn't too rare an occurrence whenever a new iLife comes out and it gets a lot of coverage, but it isn't immediately clear to someone new to the Mac world that it comes bundled with new machines.)
posted by Kosh at 8:23 PM on September 7, 2007
IANAL, but as I understand it, you can resell it even if you have installed it and used it, so long as you sell the complete package to the person, and uninstall/delete any copies of the software that you may have. There's been no activation nonsense with any of the Apple software I've used (including OS installs, even) where the software is bound to your machine a la Microsoft.
From the iLife '08 SLA:
3. Transfer. You may not rent, lease, lend or sublicense the Apple Software. You may, however, make a one-time permanent transfer of all of your license rights to the Apple Software to another party, provided that: (a) the transfer must include all of the Apple Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Apple Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Apple Software reads and agrees to accept the terms and conditions of this License. All components of the Apple Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications.
You may not get the full value back but it sounds like you have some recourse to sell it on your own if for some reason they don't accept a return.
If you got your MacBook this week, though, you're well within the 14-day return window, provided that you didn't open the iLife box (and even if you did, if you ask nicely and explain your confusion, they'll probably help you out. I imagine this isn't too rare an occurrence whenever a new iLife comes out and it gets a lot of coverage, but it isn't immediately clear to someone new to the Mac world that it comes bundled with new machines.)
posted by Kosh at 8:23 PM on September 7, 2007
Yes, you can resell it.
Maybe the question was, is it "legal".. You should check wikipedia on shrink wrap contract, and first sale doctrine.
Put simply, nobody knows, and it is likely to remain that way for some time to come. You can wait until the legal ground is less murky - your software won't be worth much at that point - or you can just get on with your life, and let the lawyers worry about the technicalities..
Of course returning it for a refund is probably the best solution, if possible.
posted by Chuckles at 9:53 PM on September 7, 2007
Maybe the question was, is it "legal".. You should check wikipedia on shrink wrap contract, and first sale doctrine.
Put simply, nobody knows, and it is likely to remain that way for some time to come. You can wait until the legal ground is less murky - your software won't be worth much at that point - or you can just get on with your life, and let the lawyers worry about the technicalities..
Of course returning it for a refund is probably the best solution, if possible.
posted by Chuckles at 9:53 PM on September 7, 2007
That is, nobody knows if EULAs are enforceable at all in certain contexts. The EULAs of many companies have become less draconian in the last few years, and if the EULA doesn't contest resale, there is no question.
This change is happening because software companies are concerned that strict EULAs will cause backlash in various ways (unfavorable precedent setting court rulings, and unfavorable legislation). By backing off, the likelihood of court cases or new laws is reduced.
posted by Chuckles at 10:01 PM on September 7, 2007
This change is happening because software companies are concerned that strict EULAs will cause backlash in various ways (unfavorable precedent setting court rulings, and unfavorable legislation). By backing off, the likelihood of court cases or new laws is reduced.
posted by Chuckles at 10:01 PM on September 7, 2007
Holgate is spot-on, although you can return it to a brick-and-mortar Apple store even if you bought it from the Apple site. If it's still shrinkwrapped, that is.
posted by churl at 1:04 AM on September 8, 2007
posted by churl at 1:04 AM on September 8, 2007
Try taking it back to Apple, but I wouldn't act like they made a mistake. You totally could have been buying it for someone else's computer.
Like mine. I would like to have it. I'd buy it from you, especially for like a 10 buck discount.
This is just to say, I'm sure you can sell it to someone, and from what Kosh says it looks legal to me.
posted by bluebird at 2:46 AM on September 8, 2007
Like mine. I would like to have it. I'd buy it from you, especially for like a 10 buck discount.
This is just to say, I'm sure you can sell it to someone, and from what Kosh says it looks legal to me.
posted by bluebird at 2:46 AM on September 8, 2007
The Apple store will probably take it back. They're usually good about stuff like that. I'd try that first.
posted by TeatimeGrommit at 7:16 PM on September 8, 2007
posted by TeatimeGrommit at 7:16 PM on September 8, 2007
This thread is closed to new comments.
after having tried that, i don't think there will be any major issues if you try to resell your license.
posted by papafrita at 6:38 PM on September 7, 2007