License for sale?

Well there are quite a few of us in here… Some local resellers might be able to give you a small discount, but in the US it will be almost impossible for them to beat Novedge’s price unless they sell to you at cost…

As far as the educational license is concerned, McNeel is pretty specific about the conditions necessary to qualify.

https://www.rhino3d.com/proof/

You do need to be actually enrolled in a school program as a student or be an employee of an accredited educational institution. NPO’s do not qualify unfortunately.

That’s not legal in that it violates the McNeel EULA. Individual educational licenses are personal and not transferable.

https://www.rhino3d.com/edu

1 Like

It should be illegal to sell R6 in a state it’s in. :wink:

Return it (all 26) for full credit if it isn’t up to your standards… Personally I have hundreds of satisfied clients.

1 Like

I bet they’re using R7 WIP already.

1 Like

Nope. Most don’t even know it exists.

i am pretty sure you are taking this a bit too serious. generally i dont understand that idea of smashing somebody the quit option into the face.

No, not at all… Just replying in kind. Simply a reminder that the money-back option is always on the table.

2 Likes

a reminder which is by all means not needed, not at all, and most definitely not here. i grasped the humorous idea, it seems sense of humour is a rare one recently.

If the museum is worthy then you could get them to crowd fund the basic tools needed to set up exhibitions.

2 Likes

Senses of humor are as many and varied as there are Rhino users and ways to use Rhino…

4 Likes

that is pretty general and does not justify cynicism. but what do i know, those fl-atters did not reveal that you are actually humouring us :wink: and as long as it is ambivalent i call it unnecessary spoiling each others mood. over and out

No No No,
That it violates the McNeel EULA does not mean that it is not legal. The McNeel EULA is not the law. In EU it is legal and user agreements or contracts can not overrule the law. Software developers like to have it different but they can not overrule legislation. In this case whereby there is a difference between the law and a user agreement, the law prevails.

Great, would be really helpful if you could provide a link to the EU Law that applies.

Just did a quick check as I did not wanted to spend to much time on finding the “hard core text” but her some links. When you buy you own it.

https://www.publicknowledge.org/news-blog/blogs/eu-court-when-you-buy-software-you-own-it

Indeed, that looked really interesting, so I went to the original legislation, “DIRECTIVE 2009/24/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 April 2009 on the legal protection of computer programs”. https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:111:0016:0022:EN:PDF

And Article 4, Clause 2, Restricted Acts, does indeed say, “The first sale in the Community of a copy of a program by the rightholder or with his consent shall exhaust the distribution right within the Community of that copy, with the exception of the right to control further rental of the program or a copy thereof.” i.e. you can resell it.

But… Article 8, Continued application of other legal provisions, goes on to say "The provisions of this Directive shall be without prejudice to any other legal provisions such as those concerning patent rights, trade-marks, unfair competition, trade secrets, protection of semi-conductor products or the law of contract.

“Any contractual provisions contrary to Article 6 or to the exceptions provided for in Article 5(2) and (3) shall be null and void.”

Article 5(2) refers to backups, Article 5(3) refers to testing and study, Article 6 refers to decompilation. These are the only contractual areas which the Directive explicitly nullifies. Which means that if the EULA says that your copy of the software is only for use by an accredited student, then that contractual condition still applies. i.e. You can sell it to an accredited student but not to me.

Sorry!

1 Like

Hi Jeremy,

Being Dutch, I also took the Dutch version in addition to the English version. I am not a barrister though nor a lawyer but I am not sure whether to can follow yr explanation.

Currently I am the rightholder and I have the right to distribute it (Art 4.2) but may not just copy or rent it to others. (I may personal copies/backups art 5.2)

Selling the program to you, would make you the rightholder (and me the illegal user if I would continue using it).

It seems to work similar as with a book. I can buy it, I can sell the book but it has only one rightholder. He may make copies for personal use but may not distribute these copies to others.

Ebay is full of second hand computer games changing from one rightholder to the other without control of writers of the software. Is that illegal?

So if you want to buy my Rhino V5, drop me a mail.

brgds

Rob

Note simply that if one tries to sell an edu version “second-hand” the buyer will not be able to validate the license on the McNeel system; after 30 days it will stop working, so they will be throwing their money away. Same thing with a commercial license if the transfer of ownership and validation is not approved by McNeel.

1 Like

Hi @Helvetosaur,

It has been a while since I read the Directive, but from memory Mcneel would not be allowed (within the EU) to use the validation mechanism to prevent a second-hand buyer using the software, provided that the buyer met the EULA terms still applicable (e.g. a student edn is purchased by another bona-fide student). They can use it to stop a non-student from using a second-hand student edn.

Regards
Jeremy

EDU licenses are not transferable.
The special pricing is extended to a specific student or faculty member based on their status at the time of purchase.

EDU licenses can be upgraded to a COMMERCIAL license, and then the license can be sold/transferred.