Legal Question in Technology Law in Utah
Resale of EverQuest software
Sony seems to think they can keep people from selling used copies of EverQuest software. I don't understand how they could legally prevent someone from selling something they own. By purchasing the product, the purchaser has full legal right to sell it as a used product, provided nothing is changed (like the source code). That's how the system works. right?
I just read the End User License Agreement at http://everquest.station.sony.com/support/security/eula.jsp, and the only sentence that deals with the software itself is in Section 7: ''...You may not copy (except to make one necessary back-up copy), distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, sublicense or transfer the Software...''
The only word there that might be construed to apply to the actual selling of a legal copy of the game is ''transfer''. Does that mean it can't be sold? If so, how can the legally prevent someone from selling it?
EverQuest characters, items, and money, however, are specifically addressed in Section 9: ''...You may not sell or auction any EverQuest characters, items, coin or copyrighted material.''
Thanks!
1 Answer from Attorneys
Re: Resale of EverQuest software
The owner of a copywrite - here Sony - owns the exclusive rights to the product. Copies of the product are "sold" under a license to the end user. The use has only the rights which were sold. In this case Sony is selling permission for limited use of the EverQuest software as outlined in the license agreement. The sale of a license is not the sale of all of the rights to the product, only the right for a single user to use the program on the users computer. You did not purchase from Sony the right to resell the product, nor to make unlimited copies, nor the right to resell the product.
Your misunderstanding comes from your concept of what you thought you purchased - i.e., all of the "full legal rights." You did not purchase all of the rights, only some of them. A more accurate description of the license rights you purchased is that you "rented" the right to use the product from Sony. Compare with renting an apartment. You have exclusive use of it, but do not have the right to sell the apartment to someone else. In fact in most cases you do not even have the right to sub-let or re-rent the apartment to someone else.
This same concept applies to audio and video tapes, CDs, books, artwork and other similar items. You own limited rights in the product.
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