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Mac Daniel's Advice

Is My Software Legal?

Dan Knight - 2000.10.27

Worried Wally writes: I got an interesting letter from Microsoft last week: they were offering me amnesty if I pay to license all my "pirated software" within the next two months. I'm not sure how they got my name, address, and email, but I had a business for several years.... I've never been too concerned with the Software Publishers' Association, since I don't bootleg and sell software, but I don't want Federal Marshals kicking in my front door and seizing fifteen years collection of Macs and floppies. Over the years I bought several used Macs, all with software on them - most with the original floppies and install disks.

Do I own this software or not? The original owners are not using copies of these applications or even upgrades, so I'm the only person in possession and, since I have a brand spanking new iMac DV with system 9, I don't really "use" my old computers except to play with.

I don't know if the SPA is after casual users or just businesses making money using unlicensed software, but I'm reminded of Garth Brooks insisting that he should get $3 in royalties every time someone sold one of his old CDs at a garage sale.

Believe it or not, you probably don't own any software at all unless you've written it yourself. When you buy a software package, all you're buying is a license, the right to use that software.

To further complicate matters, different programs are licensed in different ways. Some are licensed per user: you may have the program on more than one computer as long as you are the only one using it. Some are licensed per active copy: the program can be on multiple computers, but only one copy can be in use at any time. Some are licensed per computer: several people can use the computer, but the copy can only be installed on a single machine. And with UCITA, things are getting even stranger - software publishers will be able to license software on an annual basis, check your use of it over the Net, and even deactivate it if you don't pay your renewal fee.

That said, as far as older software is concerned, the rule of thumb is that if you have the original disks, you are licensed to use the program. You should read the license agreement if you have more than one computer to see if licensing is per active user, per computer, etc.

As for how Microsoft got your name, address, and phone number, Microsoft figures that anyone who owns a computer could be running unlicensed copies of Microsoft programs. There's no need to take things personally.

Not sure if you should upgrade your old Mac or replace it? Check the Mac Daniel index to see if we've already addressed your problem.

Recent Mac Daniel columns

WiFi Hardware Compatible with Desktop Macs Running OS X, MetaPhyzx, 03.11. USB, ethernet, PCI, and other wireless hardware compatible with Mac OS X.
WiFi CardBus Adapters Compatible with PowerBooks, MetaPhyzx, 03.11. CardBus hardware and drivers compatible with PowerBooks running Mac OS X.
WiFi PC Cards Compatible with PowerBooks Running OS X, MetaPhyzx, 03.11. PCMCIA/PC Card hardware and drivers compatible with PowerBooks running Mac OS X.
WiFi PC Cards for PowerBooks Running Mac OS 9, MetaPhyzx, 03.10. PCMCIA cards and drivers reported to be compatible with PowerBook running the Classic Mac OS.
More in the Mac Daniel index.

Links for the Day

Mac of the Day: 17" iMac G4/800 MHz, July 2002 - The iMac 'grows up' with a 17" 1440 x 900 display.
Group of the Day: LisaList supports Lisa users.
November 8 in LEM history: 99: OS 9: I think I like it - 01: The simplified Mac life - Soured on Windows - Flea market Mac - 02: Little room for improvement in new 'Books - Combo drive upgrade for iceBooks - 04: Re-Porter - 05: Fix the old iMac or buy a Mac mini? - Apple's Copland project - 06: MacBook Core 2 - MacBook value equation - Cheap is as cheap does - 07: Problems with Classic mode in Tiger - The G4 Power Mac that won't run Leopard
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