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Software Sale - But Seller kept a copy

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quincy

Senior Member
Quincy, the infringement I was speaking of was op possibly
Infringing on works owned by the seller (graphics and any other works that might be owned by the seller as opposed to being part of the operating software) rather than the owner of the operating software op is miffed about. That would mean op would risk being sued for infringement by the seller. Op should consider all possibilities if he is considering opening the can of worms. I know if I was the seller and the op sued me, I would look to any possible defensive action available to me. If op has infringed on any copyrights owned by seller, it would work well to give op a reason to consider just walking away.
I agree that Thanatos0042 might find himself the subject of a suit or countersuit if he attempts to take legal action against the Maryland guy.

Now that you brought it up though, I wonder if seller even had a legal copy of the software let alone purported to sell op the operating license. Obviously with software it is often quite easy to steal and propagate illegal copies of much software. The fact the originator of the software seems to be out of the picture, it makes it less likely an illegal copy would be problematic to use.
There is more than likely a copyright owner somewhere, even if the originating company is no longer in business. It is definitely a question mark as to whether what was sold to Thanatos2004 was a legal or infringing copy of the software or whether the graphics were infringing.

Anyway, with op's new info I suspect even if he had a legal and valid license and copy of
The software he would not be able to prevail in court should be sue. If op used the software for some period of time but lost it due to his server crash, it proves he did have a copy. Since the seller was legally obligated to divest himself of any copies, he could simply claim he transferred everything to op and what op did with it is out of sellers hands. Given the original sale was "years ago", I suspect proving anything would be problematic.
Right. I do not see any good legal action for Thanatos2004 to take against the Maryland guy that would be easy to support and that might not easily result in legal problems for Thanatos2004 as well.

It seems best that he start over with his website, knowing this time around to ensure that all that he uses on his website has rights legally purchased or legally licensed for use.
 



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