Can We Give Away PS CS?

P
Posted By
patrick
Oct 10, 2005
Views
260
Replies
7
Status
Closed
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

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E
edjh
Oct 10, 2005
patrick wrote:
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
No. You are buying the license. If you transfer it you can not use it any longer.


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http://www.sover.net/~hannigan/edjh.html
Comics art for sale:
http://www.sover.net/~hannigan/batsale.html
T
Tacit
Oct 10, 2005
In article <qZt2f.1295$>,
"patrick" wrote:

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!

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.


Art, photography, shareware, polyamory, literature, kink: all at http://www.xeromag.com/franklin.html
N
nmichaels
Oct 10, 2005
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

"tacit" wrote in message
In article <qZt2f.1295$>,
"patrick" wrote:

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!

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.


Art, photography, shareware, polyamory, literature, kink: all at http://www.xeromag.com/franklin.html
S
Stewy
Oct 11, 2005
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.

In article ,
"Norm Michaels," wrote:

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

"tacit" wrote in message
In article <qZt2f.1295$>,
"patrick" wrote:

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!

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.


Art, photography, shareware, polyamory, literature, kink: all at http://www.xeromag.com/franklin.html
N
nmichaels
Oct 11, 2005
"Stewy" wrote in message
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.

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.

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.

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.

IMHO You can give away/sell CS(1) as it has been upgraded to 2.

Yes, but only if CS(1) WAS NOT the licensed and authorized Adobe product used to acquire CS(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.

Yup.

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

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.

In article ,
"Norm Michaels," wrote:

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

"tacit" wrote in message
In article <qZt2f.1295$>,
"patrick" wrote:

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!

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.


Art, photography, shareware, polyamory, literature, kink: all at http://www.xeromag.com/franklin.html
P
patrick
Oct 11, 2005
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

"Norm Michaels," wrote in message
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.

IMHO You can give away/sell CS(1) as it has been upgraded to 2.

Yes, but only if CS(1) WAS NOT the licensed and authorized Adobe product used to acquire CS(2).

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

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.

In article ,
"Norm Michaels," wrote:

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

"tacit" wrote in message
In article <qZt2f.1295$>,
"patrick" wrote:

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!

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.


Art, photography, shareware, polyamory, literature, kink: all at http://www.xeromag.com/franklin.html

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

On Mon, 10 Oct 2005 13:25:42 GMT, "patrick" wrote:

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

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