#1  
Old 24-01-2020, 04:29 PM
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LewisM
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A question of software

Since I am getting out of astronomy for a while (probably till retirement or death ), and I have essentially sold everything, I have one issue remaining - purchased software and licences.

Amongst my premium software, I have:
Pixinsight
MaxIM DL 5
MaxIM DL 6

All, as far as I know, are not legally transferrable, which leaves me a conundrum - what to do with them? Seems a damnable waste to simply delete them all and "trash" my paid for licences. I mean MaxIM's are $500 US EACH, and PI is up to 230 Euro. GULP.

And no, don't ask me - I don't trust ANYBODY with my licences, besides being illegal.

Seems a case of "Use it or suck it up Princess"
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Old 24-01-2020, 05:04 PM
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I recall contacting Diffraction Limited some years ago about transferring Maxim DL into my name as the software came with a PMX mount I purchased off another IISpacer and from memory they wanted a small fortune and wasn't much less than the cost of a new licence. Could be worth contacting them, things may have changed.
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Old 24-01-2020, 05:44 PM
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Yes, I believe I will be stuck with all 3. Whilst only a digital thing, still seems really "wasteful"
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Old 24-01-2020, 08:10 PM
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multiweb (Marc)
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Adobe allowed transfer of licences. I'd contact the developers and ask. I can't see why not.
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Old 24-01-2020, 08:29 PM
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PI specifically says NOT transferable.

I'll have a snoop around MaxIM, but knowing them, it'd be, like Steve says, a hefty fee.
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Old Yesterday, 07:05 AM
Hemi
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Hi Lewis, I remember reading about this a while back....here is a quick 1min search this morning to give you the idea.

https://www.lexology.com/library/det...c-dece97f55520

My understanding (Surgeon not a lawyer) is that in principle the software company has sold you the software and license, and if for unlimited use ( not time limited in some way) does not have future ownership rights sufficient to prevent you from selling on).

I also think that if you did sell it on, the software company is not going to come after you. I also personally think that provided you deleted the software/license you wouldn’t be doing anything ethically wrong. I think that license agreements like this are silly and non enforceable, and whilst no excuse encourage software piracy.

My thoughts only, ymmv!

Cheers

Hemi
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Old Yesterday, 07:38 AM
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I really am not looking to sell per se, but literally give it to a worthy person (I have a couple in mind). I realise PI involves a user key located in the Windows directory and is updated/validated by a username and password on the site (connected to my email). How I could verify legally my copies were deleted is grey.

Seeing PI is a European company, they will fall under that mandate. Problem is, WE aren't in the EU legal zone, so there may be a Gotcha somewhere. A few other stipulations in the judgment:
  • You cannot sell a services agreement (such as a software maintenance agreement) in this way, since the exhaustion principle does not apply to services. So the acquirer of the license cannot oblige the software company to provide services.
  • The original licensee must not carry on using the software after the sale; otherwise it will be infringing copyright. It must make its own copy of the software “unusable.” Technical protection measures may provide some help, but, in practice, it will be hard for Oracle and other software houses to be absolutely sure whether the original customer is still using the software in parallel with the acquirer of the second-hand copy.
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Old Yesterday, 08:04 AM
glend (Glen)
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I am in a somewhat similar situation, albeit getting out of imaging completely and retaining a residual visual interest in the hobby. Being an old IT manager I know software has no residual value and it is generally not transferable, for those licenses where you purchased. If you are using subscription based licenses, like Photoshop CC, which charges a monthly fee, you can cancel the service but not onsell the subscription.
I might suggest you consider keeping your software, but do not undertake any upgrades in the future (whether voluntary it or forced by the vendor). By retaining the basic software you have the ability to go back and reprocess your files and edit images in the future. Your files should be considered an asset, hard won ones at that, and are your intellectual property. I know in my situation I have sufficient files in storage to keep me busy for a long time should I choose to get involved again, without the need to acquire imaging equipment again.

I would add that keeping the software gives you the ability to, in the future, buy raw files provided by the various data acquisition observatory providers (most whom have very nice capture equipment and locations),

Last edited by glend; Yesterday at 08:36 AM.
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Old Yesterday, 09:59 PM
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Quote:
Originally Posted by Hemi View Post
I also think that if you did sell it on, the software company is not going to come after you. I also personally think that provided you deleted the software/license you wouldn’t be doing anything ethically wrong. I think that license agreements like this are silly and non enforceable, and whilst no excuse encourage software piracy.
I'd 2nd that notion.

What Glen said about ongoing processing of previous data sounds good too.
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Old Today, 07:31 AM
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Quote:
Originally Posted by AndyG View Post
I'd 2nd that notion.

What Glen said about ongoing processing of previous data sounds good too.
I'd be willing to wager that too, but there is always the make-an-example case or show case to see if it can be done and set a precedent.

I'm not willing to take that gamble.
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Old Today, 10:29 AM
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Lewis.

My impression is you are leaving astrophotography.

I hope you are just selling stuff to get better gear but this thread suggests otherwise.
My experience was I gave up over a decade ago because the dew became unmanagable..hard to imagine these days..but I could not control it at all..yes such a small thing...anyways I bought a boat which satisfied a long need to own a classic sail boat but when I returned to astrophotography I had to start again as a burnt out old man and although the challenge was wonderful I can't help but hink that there was no reason to give up...so all I am trying to suggest is keep in the game..even wide fields on a static tripod...use of he softeware for something and I hope think about your next rig if there is to be one.
You seem to have a gift for imaging which I hope you don't turn your back on. Also you are very helpful and someone that new comers respect.
Alex
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