The physical contents of that box are YOUR PROPERTY, regardless of what any pieces of paper in the box might say.Īnd the section of US Copyright Law commonly referred to as the "First Sale Doctrine" applies. (Ditto if you follow the similar procedure in an "online" store and wait for the physical box to be mailed to you) You have not negotiated any contracts or agreed to any licenses. If you walk into a retail store, pick up a physical box, take it to the checkout, hand the clerk some cash, and walk out of the store with the box, you have made a PURCHASE. Another is for them both to sign a written document that outlines the details of the agreement.Ī piece of paper stuck inside a shrink-wrapped box, that says "by opening this box you have agreed to this" is NOT a valid contract. One way is by the parties to meet and verbally agree to the contract. For there to be a contract, both parties have to have an opportunity to review it, and must BOTH agree to it.
Licensing is of course not illegal, but a license is a contract.
Buyer beware: if buying from an unknown seller, you take the risk that the software is already registered to other computers!
The owner has to follow the instructions on this page, and then contact Rosetta Stone with both the Activation ID and the Deactivation Code to complete the deactivation process.
If you do buy version 3 used, be sure that it has been deregistered from the original owner's computers, and that the Activation ID will be included along with the discs. At this point in time, licensing has not been declared illegal, so software companies will try to prevent resale of software by claiming that the license is non-transferable. The first sale doctrine as applied to software is interesting, and the courts have yet to make any final determinations. For example if you order from PHP you have to call in and set up a homeschooling account, you can't just go online and by teacher material. They still are careful about any product you have to provide proof of schooling with.
Thus you cannot sell it because you don't own it in the first place.Įbay actually took a step back from their no Teacher Editions policy, usually allowing easy to purchase hs materials. If you read the fine print you are only purchasing a license to use the product not the product itself.
I couldn't find anywhere in the documentation it came with or online that I wasn't supposed to resell it though.įrom what I can tell, it's only the homeschool edition that can't be resold and I don't know if it's EBay's policy or came from Rosetta Stone.Īctually this is different from the no Teacher Editions issue, and it does apply to both the homeschool and full versions.