Copyright (Legal Issue)

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Sep 16th, 2003, 03:59 PM
parminder

Copyright (Legal Issue)

Hi to all,

I have developed a software in Visual Basic 5.0. I had pirated copy of VisualBasic 5. Now when I am selling this software, I have licence copy of VB.net (at the time of purchase only .NET was available). Now the question is:

Can I have Copyright for my software I developed ?

Thanks in advance
Sep 16th, 2003, 07:16 PM
MartinLiss

I'm not a lawyer, but I think you can. For example you could sell a book written on a stolen typewriter and while you could get arrested for the theft, the book should still be yours to sell. BTW, I don't support the use of pirated software of any kind.
Sep 17th, 2003, 05:02 AM
si_the_geek

Actually it could be worth talking to PlenderJ about the VB licensing issue. he sells (or used to) MS software.

I believe (but may be wrong!) that if you buy a licence for recent MS software, the license allows you to use older software that it replaces (eg: an Office XP licence allows you to use Office 97 if you want). I don't know if VB.Net is considered the same as VB 5/6 for these purposes.
Sep 17th, 2003, 06:05 PM
parminder

In my VB.Net (2002) 's EULA says you can you older version of the product for a limited period. The "limited period" is not mentioned.

Who is PlenderJ

Thanks
Sep 17th, 2003, 06:19 PM
MartinLiss

Quote:

Originally posted by parminder
Who is PlenderJ

Thanks [/B]

The second best moderator. :)
http://www.vbforums.com/member.php?s...o&userid=14016
Sep 18th, 2003, 04:27 PM
manavo11

Quote:

Originally posted by MartinLiss
The second best moderator. :)
http://www.vbforums.com/member.php?s...o&userid=14016

I guess you are THE best? :rolleyes: :D
Sep 18th, 2003, 06:23 PM
MartinLiss

Quote:

Originally posted by manavo11
I guess you are THE best? :rolleyes: :D

Is there any doubt?
Sep 22nd, 2003, 04:45 PM
crpietschmann

Quote:

The EULA for Visual Studio .NET 2002 says
8. DOWNGRADES. Instead of installing and using the Product, you may install and use one copy of an earlier version of the Product, provided that you completely remove such earlier version and install the original Product within a reasonable time. Your use of such earlier version shall be governed by this EULA, and your rights to use such earlier version shall terminate when you install the original Product.

According to this you can have an older version of Visual Studio installed on you computer as long as it is not installed at the same time as Visual Studio .NET.

In simple terms, If you own a copy Visual Studio .NET, you can legally use a copy of Visual Studio 6.0 that you downloaded off of Kazaa.

That's cool.
Sep 22nd, 2003, 04:47 PM
crpietschmann

1 Attachment(s)

I forgot to submit a copy of the EULA for Visual Studio .NET 2002, so here it is.
Sep 23rd, 2003, 06:58 AM
MartinLiss

Quote:

Originally posted by crpietschmann
...In simple terms, If you own a copy Visual Studio .NET, you can legally use a copy of Visual Studio 6.0 that you downloaded off of Kazaa....

That's quite an interpretation. I challenge you to call Microsoft and ask them if it's Ok to use a copy of Visual Studio that you stole via Kazaa.
Sep 24th, 2003, 03:42 PM
crpietschmann

In the EULA it also states that the new one take precidence over the old one. So it doesn't matter where you got the old version, or how many licenses you used to own. You now own as many licenses of the old one as you have of the new one.

Yes, it's quite an interpretation, but that's basically what it says.
Sep 24th, 2003, 04:29 PM
MartinLiss

What's implied in the EULA is that you own the older versions. Microsoft would in no way endorse the use of stolen software, particularly their own!
Sep 24th, 2003, 11:42 PM
crpietschmann

But isn't it also implied that you don't have to own the older versions?

When it comes to legal documents, you never want to implie anything.
Sep 25th, 2003, 06:07 AM
si_the_geek

The typical interpretation from Microsoft is that you don't ever own the software, you just own a license to use it - I know at work we can use any version of software that we have licenses for, it doesn't matter if we ever bought licenses (or disks) for the versions we use.

We are licensed for about 15000 copies of Windows XP and Office XP - the majority of our users have Windows 2000 and Office 2000 installed. (some have Win. 95/Off. 97)

Microsoft don't have a problem with it, but I don't know if it is because we have a special deal with them, or if it is just their standard strategy.
Sep 25th, 2003, 07:47 PM
crpietschmann

I know you don't actually own the software, but a license to use it.
Sep 28th, 2003, 12:56 PM
parminder

I found following information on Microsoft website:

If your EULA grants you the right to run a prior version of the software, you do not need further written permission and, in fact, no special permission will be granted. Please review your EULA to determine whether you have downgrade rights.

The above information is at :
http://www.microsoft.com/permission/...htm#Downgrades

This information supports my concept and many who are discussing in this thread

Thanks and expacting more .....
Sep 28th, 2003, 01:03 PM
parminder

end my EULA (VB.net 2002) says:

8. DOWNGRADES. Instead of installing and using the Product, you may install and use one copy of an earlier version of the Product, provided that you completely remove such earlier version and install the original Product within a reasonable time. Your use of such earlier version shall be governed by this EULA, and your rights to use such earlier version shall terminate when you install the original Product.
Oct 1st, 2003, 07:33 AM
Matt_T_hat

Re: Copyright (Legal Issue)

Quote:

Originally posted by parminder
Hi to all,

I have developed a software in Visual Basic 5.0. I had pirated copy of VisualBasic 5. Now when I am selling this software, I have licence copy of VB.net (at the time of purchase only .NET was available). Now the question is:

Can I have Copyright for my software I developed ?

Thanks in advance

If you developed the software then that was always yours. You can't lose the copyright to your own work because of any action other than giving it away.

On the otherhand you ripped of the big oversized macrosoft's VB5 so it would seem poetic if the same happened to you... But I know how you feel VB6 is overpriced as well.

It has been argued that use of ...um... unofficial copies that has lead to a purchase is a evaluational trial and that the company is now better off as a result. But as MartinLiss pointed out your copyright of the program you wrote is not in question.

I imagine that what you are more worried about is that when you sell your app that MS-Law will spring out and nab you for a pile of cash you might not have.

In all honesty once the program is an exe with supporting *.dll files it will be hard if not impossible to say if the copy of VB was dodgy or not. The fact that it may clearly be a VB5 Job might bring into question your ownership of the right to use VB5 but who's to say that it was our PC you developed it on? Remember a MS-licence is per computer (console) not per human.