Upgrade/Liscense Question

M
Posted By
MD1995
Aug 31, 2007
Views
316
Replies
8
Status
Closed
Quick question- If I purchase the upgrade to cs3 from cs2, must I keep the cs2 version, or can I legally give it to someone?
Thanks.

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DP
Daryl_Pritchard
Aug 31, 2007
Your CS3 upgrade is essentially an extension of your original Photoshop license. If CS2 was the first full version you purchased, then no, you cannot give it to someone else. On the other hand, while this does not seem to be addressed by the license…or at the very least is a gray area, you could probably give or sell your CS2 to someone else under two conditions: 1) Your version of CS2 is an upgrade and you still have the fully licensed version that you upgraded to it from, and 2) the person you give/sell the CS2 upgrade to already has an earlier fully licensed copy of Photoshop.

Apart from that, anytime you install an upgrade, you need to have the original installation media from a prior qualifying version of PS to validate the upgrade installation.

Regards,

Daryl
BL
Bob Levine
Aug 31, 2007
Daryl.

Each upgrade becomes an extension of the original license, effectively replacing it. Essentially, whatever version you’ve upgraded to is the version you’re licensed to have.

Unless someone tells me otherwise, I’m under the impression that what you’re proposing is not permitted.

Bob
DP
Daryl_Pritchard
Aug 31, 2007
Bob,

As you say, it really is a question of "impression", and as we’ve already discussed this a bit in another thread, I’m simply sharing with the OP what my impression is regarding what, as Dave Milbut said, is simply a gray area in the EULA. In similar light to your last comment, unless I see it stated somewhere that what I suggest isn’t legal, then I’d assume it is. Much like a tax loophole…if there is no law against it, then better to take advantage of it than needlessly give the IRS more of your income. I’m not advocating any wrongdoing.

Until the release of CS3, there was no reason to point out a scenario such as this, which seems fully legal and ethical under the conditions I stipulated. Since CS3 upgrades are now permitted only back to PS7 whereas prior versions could be upgraded from any prior version of PS, the process I suggest offers Pre-PS7 users a way to still move forward into CS3 without the penalty of paying for a full license again…something they might not have anticipated, based upon the historical practice of Adobe with regards to upgrades.

For the benefit of those reading this thread and not fully understanding the scenario I’ve touched on in another thread, here’s a more detailed scenario:

User A has a fully licensed copy of PS6 or earlier, and wishes to upgrade to PS CS3 yet cannot do so because the upgrade policy now is only available to PS7 or later versions. So, User A, who may have been happy with PS6 on perhaps an older PC and yet who has finally upgraded to a new PC, cannot take advantage of a much improved version of PS without paying full price. If User A could purchase an upgrade to PS7, PS CS, or PS CS2 for which their own full PS license makes them eligible for, they could then also purchase an upgrade to PS CS3 and save a signficant amout of money. For example: PS5 full + PS CS Upgrade = PS CS3 Upgrade Eligibility.

Now, enter User B, a routine PS upgrader with at least a full license of PS7 or earlier, some later PS upgrade, and also a CS3 upgrade. I’ll make them a PS6 full license holder for more of a "worst case" situation. They have PS6 Full, plus PS7, PS CS, PS CS2, and now PS CS3 upgrades. To retain legal upgrade eligibility for their PS CS3 upgrade, they need only keep PS6 Full and any one of their upgrades that moves them to a version for which the CS3 upgrade is permitted. So User B recognizes that PS6 Full + PS CS2 Upgrade = PS CS3 Upgrade Legal Eligibility Retained, while their PS7 and PS CS upgrades are useless and unneeded. Even if those upgrades are registered to User B, that will not matter since an upgrade to CS3 does not require entering a prior version’s serial number, but only that he prior version’s installation media be validated during the installation of the upgrade.

Knowing of User A’s situation, User B sells or even gives their PS7 or PS CS upgrade to User A. If sold, User B has effectively reduced the cost of their upgrade to CS3. Meanwhile, User A now can purchase the CS3 upgrade at substantial savings over a full new license.

End Result:
User A = PS5 Full + Free/Discounted PS7 Upgrade + PS CS3 Upgrade = Legal PS CS3 Licensee. User B = PS6 Full + (retained PS CS or PS CS2 Upgrade) + PS CS3 Upgrade = Legal PS CS3 Licensee.

Cheers,

Daryl
DM
dave_milbut
Aug 31, 2007
presactly.
BL
Bob Levine
Aug 31, 2007
http://www.adobe.com/products/eulas/pdfs/Gen_WWCombined-CS3- 20060817_1651.pdf

Read section 4.4.

It’s pretty clear to me that transferring the license requires that you transfer everything including prior and upgrade versions.

Bob
DP
Daryl_Pritchard
Aug 31, 2007
Bob,

I stand corrected. While I had read section 4.4 before, I really felt it was section 5 that most applied, given the "Updates" title and introductory "If the Software is an upgrade…". I became too focused upon section 5 and must’ve glossed over the "and prior versions" in section 4.4. So, indeed, it does seem that each upgrade is, in effect, a link in a chain that must be retained if the chain is to continue serving its intended purpose. Get rid of the link, the chain becomes too short, so you may as well get rid of the whole thing.

Daryl
DM
dave_milbut
Aug 31, 2007
if you skip a "link" and get just get the next one, the license is just as valid.

6.0 full > 7.0 up > cs up > cs2 up> cs3 up

is just as valid as

6.0 full > 7.0 up > cs3 up

therefore cs up and cs2 up are superflurious.
DP
Daryl_Pritchard
Aug 31, 2007
Very true Dave. But if you adhere to the letter of the license, it does seem to address the full chain.

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