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  1. #9
    Join Date
    Jan 2010
    Posts
    361
    It's definitely murky and ultimately I suppose will be determined by who's prepared to go to the supreme court, who have not, ever, ruled that software licenses can restrict buyer first sale prerogatives. In any event, I responded without reading Lew's comments fully and obviously he's correct. In no way, under any doctrine, would an upgrade to a license or copy constitute a second license or copy.
    As for two operators of different generations of a license or copy, that's an interesting question. If I receive the errata to the Building Code, am I not entitled to separately bind the outdated pages and place them on an employees desk for their use, which might be concurrent with mine? Obviously they'd be defective and their utility limited to some greater or lesser extent. Now take it a step further and suppose that I'm working on a new project and reviewing current Code while my employee is performing revisions to a project submitted and reviewed under the now outdated Code language. Must I close my book so that they may open theirs?
    Or, in my case, suppose I had a single seat of CA and an old project was being opened to start a second or additional phase of development. Could my employee not open it using an old license while I was meeting with the client to develop a design program in the current version?
    Clearly I've got too much time on my hands
    Have a great weekend!

 

 

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