Can We Give Away PS CS?

Discussion in 'Photoshop' started by patrick, Oct 10, 2005.

  1. patrick

    patrick Guest

    When we upgrade to PS CS2, can we give away our copy of PS CS (assuming we
    remove from our computers)? Can the recipient install and register it? No,
    I did not read the boilerplate when I installed it!

    Seems strange that we would be expected to trash what we have paid for. On
    the other hand, I'm pretty sure Adobe would do all its legal beagles could
    do to dissuade the practice which could cut into CS2 sales.

    ????? . . . . patrick
     
    patrick, Oct 10, 2005
    #1
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  2. patrick

    edjh Guest

    No. You are buying the license. If you transfer it you can not use it
    any longer.
     
    edjh, Oct 10, 2005
    #2
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  3. patrick

    tacit Guest

    If you bought a new full version of CS2, then you can transfer your CS
    license to someone else.

    If you bought an upgrade to CS2, your upgrade license is contingent on
    owning CS; you cannot transfer your copy of CS.
     
    tacit, Oct 10, 2005
    #3
  4. I'm not sure I would agree. Adobe states:

    Adobe Photoshop CS2 Upgrade
    To install this upgrade successfully, you will need a
    licensed version of any version of Adobe Photoshop, on the same platform as
    this purchase.
    NOTE:This upgrade does not apply to Adobe Photoshop
    Elements, Photoshop Album, Photoshop Limited Edition, or PhotoDeluxe
    licensed users.



    It would seem then that if a licensed version of PShop (other than CS) was
    owned, then the CS upgrade would be able to be transferred, as long as all
    the usual requirements were followed -- deactivation, removal, etc.

    Having said that, the Adobe End User Activation Agreement states in
    pertinent part: "[a]ctivation transfer allows you to deactivate you copy of
    Adobe Photoshop on this computer so that it can be activated on another
    computer. Once activation transfer is complete you will not be able to run
    Adobe Photoshop on this computer unless you reactivate it. Activation
    transfer does not uninstall your product."

    Further, section 4.4, No Transfer, of the End User Agreement states: "YOU
    MAY NOT RENT, LEASE, SELL, SUBLICENSE . . . EXCEPT AS MAY BE PERMITTED
    HEREIN. You may, however transfer all your rights to use this Software to
    another individual or legal entity provided that: (a) you also transfer (i)
    this agreement; (ii) the serial number(s) . . . YOU MAY NOT TRANSFER
    EDUCATIONAL, PRE-RELEASE OR NOT FOR RESALE COPIES . . .."

    So it seems the answer to the question is yes, as long as the copy of CS
    was not the upgrade qualifying software used to purchase CS2.

    And, of course, legal advice is only worth what you pay for it. So, if the
    less than $150.00 were worth arguing with Adobe if it did not go smoothly,
    then look carefully at the license agreement and see what the rest of it
    says. There is a provision requiring both transferor and transferee to
    supply written certification statements in writing to Adobe. Finally,
    here's the kicker, it may take Adobe up to 6 weeks to confirm the transfer.
    Hardly seems worth the hassle.
     
    Norm Michaels,, Oct 11, 2005
    #4
  5. patrick

    Stewy Guest

    So this gist of this means:
    You have bought a copy of CS but you don't own it - i.e. you can't sell
    it or even give it away.
    Many record companies have the same rules about ownership.
    I guess no-one's ever challenged this contract as Adobe can fiddle and
    faddle with implied remarks and unclear interpretations.

    IMHO You can give away/sell CS(1) as it has been upgraded to 2. You
    cannot make a copy of CS1 and sell that, but you can make a backup of
    both discs in case the original disc goes bad.

    If you buy CS2 outright then you hold complete rights to CS1 and it's
    upgrades.


     
    Stewy, Oct 11, 2005
    #5
  6. The distinction is that you purchase a license, which is a right to do
    something, and in this case it's the right to use the product. It is not an
    "ownership" interest. The usual rule is that a license is terminable at
    will by either the licensor or the holder.

    Hi Stewy,

    You *do* have the right to transfer a license and its activation, if you
    follow Adobe's licensing rules as I stated in my original post.
    Most of the Agreement is a fairly standard end user software license
    agreement. It is very one sided, as you'd expect in today's world. You
    should see what agreements for highly proprietary intellectual property are
    like -- much worse and onerous.

    Yes, but only if CS(1) WAS NOT the licensed and authorized Adobe product
    used to acquire CS(2).
    No. You still only acquire a license and your use is subject to the terms
    of the license.
    --
    Norm Michaels
    - When we don't represent you, whatever we say in emails, whether helpful or
    harmful, is not legal advice, and you can't rely on it. And you can't sue
    us because of it.

     
    Norm Michaels,, Oct 11, 2005
    #6
  7. patrick

    patrick Guest

    Thanks, All, for very informative replies! The terms and conditions appear
    reasonable to me. The issue that sways me is that I used the original CS to
    qualify for the *upgrade* to CS2 so I'm realizing a savings of some $300 to
    $400 associated with the original CS.
    Now my problem will be testing if I can activate CS2 on three computers: a
    desktop at each of our two residences and a notebook for travel. Again, I'll
    not resist if the restrictions come down to two comuters only as I can leave
    CS on the lesser used desktop.
    Again, thanks for the considered replies (which I'm sure were informative to
    many others also)!
    .. . . . patrick

     
    patrick, Oct 11, 2005
    #7
  8. patrick

    Donald Link Guest

    Are you asking a question or bitching about Adobe. Either way you can
    not read.
     
    Donald Link, Oct 13, 2005
    #8
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