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From: The Raven on 11 Feb 2010 03:01
"Bradfield" <bradfield(a)bradfield.moc> wrote in message
news:hl09aa$cc$1(a)speranza.aioe.org...
>
> "Epsilon" <not(a)this.address.com> wrote in message
> news:hl04e0$khl$1(a)news.albasani.net...
>> Bradfield wrote:
>>> What is the status of licences to use software that has changed
>>> owners?
>>> Eg. If I enter into an agreement with company XYZ to use a software
>>> product for which I pay a one off $1000 fee, what happens if
>>> Microsoft buys the rights to that product? Could Microsoft start
>>> charging me $1000 a year for using it?
>>
>> You will understand that this is hypothetical in that you have given no
>> information about who the parties are, where they are, the terms of the
>> licence, and what law applied to the agreement.
>>
>
> I do understand the question is hypothetical in nature.
>
>> Subject to those qualifications, the general rule is that where you buy a
>> licence to use a software product forever, and the corporation that sold
>> you the licence sells the software product to a second corporation, you
>> still retain your rights under the licence. The second corporation buys
>> the software product subject to any licences already given, because the
>> selling corporation usually gives the buying corporation everything it
>> owns concerning the software product, but cannot give more than it owns.
>>
>
> So if I was paying XYZ $1000 per year, could Microsoft demand the same
> from me?

Yes, that's standard practice. Of course, you could probably terminate the
agreement. Take a look for termination clauses.

>
>
>> The theoretical answer is so obvious that anyone reading your question
>> would wonder about your concern.
>
>


From: Bradfield on 11 Feb 2010 03:02

"Epsilon" <not(a)this.address.com> wrote in message
news:hl0ajj$ubp$1(a)news.albasani.net...
>
>
> Bradfield wrote:
>> "Epsilon" <not(a)this.address.com> wrote in message
>> news:hl04e0$khl$1(a)news.albasani.net...
>>> Bradfield wrote:
>>>> What is the status of licences to use software that has changed
>>>> owners?
>>>> Eg. If I enter into an agreement with company XYZ to use a software
>>>> product for which I pay a one off $1000 fee, what happens if
>>>> Microsoft buys the rights to that product? Could Microsoft start
>>>> charging me $1000 a year for using it?
>>>
>>> You will understand that this is hypothetical in that you have given
>>> no information about who the parties are, where they are, the terms
>>> of the licence, and what law applied to the agreement.
>>>
>>
>> I do understand the question is hypothetical in nature.
>>
>>> Subject to those qualifications, the general rule is that where you
>>> buy a licence to use a software product forever, and the corporation
>>> that sold you the licence sells the software product to a second
>>> corporation, you still retain your rights under the licence. The
>>> second corporation buys the software product subject to any licences
>>> already given, because the selling corporation usually gives the
>>> buying corporation everything it owns concerning the software
>>> product, but cannot give more than it owns.
>>
>> So if I was paying XYZ $1000 per year, could Microsoft demand the
>> same from me?
>
> You first said that you paid a $1,000 on-off fee. Now it's a $1,000 pa
> fee. In that case, since the second corporation has presumably bought
> everything the first corporation owned concerning the software product
> (see above), including the right to that annual fee, what has occurred is
> that you now pay the second corporation the amount you were previously
> obliged to pay to the first corporation.
>
> It's similar to your landlord selling the rented property to a second
> landlord. You as tenant stop paying the first landlord and start paying
> the second landlord.
>
> If you had agreed to pay XYZ the $1,000 pa, what is your concern about now
> paying Microsoft?
>

I should point out that I use the company names XYZ and Microsoft
hypothetically.

I am interested in whether Microsoft has the right to increase the per annum
fee if it chooses. After all, they are the new copyright owners, right?


>>> The theoretical answer is so obvious that anyone reading your
>>> question would wonder about your concern.
>


From: The Raven on 11 Feb 2010 03:12
"Bradfield" <bradfield(a)bradfield.moc> wrote in message
news:hl0di0$5gr$1(a)speranza.aioe.org...
>
> "Epsilon" <not(a)this.address.com> wrote in message
> news:hl0ajj$ubp$1(a)news.albasani.net...
>>
>>
>> Bradfield wrote:
>>> "Epsilon" <not(a)this.address.com> wrote in message
>>> news:hl04e0$khl$1(a)news.albasani.net...
>>>> Bradfield wrote:
>>>>> What is the status of licences to use software that has changed
>>>>> owners?
>>>>> Eg. If I enter into an agreement with company XYZ to use a software
>>>>> product for which I pay a one off $1000 fee, what happens if
>>>>> Microsoft buys the rights to that product? Could Microsoft start
>>>>> charging me $1000 a year for using it?
>>>>
>>>> You will understand that this is hypothetical in that you have given
>>>> no information about who the parties are, where they are, the terms
>>>> of the licence, and what law applied to the agreement.
>>>>
>>>
>>> I do understand the question is hypothetical in nature.
>>>
>>>> Subject to those qualifications, the general rule is that where you
>>>> buy a licence to use a software product forever, and the corporation
>>>> that sold you the licence sells the software product to a second
>>>> corporation, you still retain your rights under the licence. The
>>>> second corporation buys the software product subject to any licences
>>>> already given, because the selling corporation usually gives the
>>>> buying corporation everything it owns concerning the software
>>>> product, but cannot give more than it owns.
>>>
>>> So if I was paying XYZ $1000 per year, could Microsoft demand the
>>> same from me?
>>
>> You first said that you paid a $1,000 on-off fee. Now it's a $1,000 pa
>> fee. In that case, since the second corporation has presumably bought
>> everything the first corporation owned concerning the software product
>> (see above), including the right to that annual fee, what has occurred is
>> that you now pay the second corporation the amount you were previously
>> obliged to pay to the first corporation.
>>
>> It's similar to your landlord selling the rented property to a second
>> landlord. You as tenant stop paying the first landlord and start paying
>> the second landlord.
>>
>> If you had agreed to pay XYZ the $1,000 pa, what is your concern about
>> now paying Microsoft?
>>
>
> I should point out that I use the company names XYZ and Microsoft
> hypothetically.
>
> I am interested in whether Microsoft has the right to increase the per
> annum fee if it chooses. After all, they are the new copyright owners,
> right?

If the original licensing arrangements allow for fee changes then as long as
they follow that. To make a fundamental change to the licensing they need
you to agree. There are many legal ways to implement this:

1. Kill off the old product by giving a new name, in which case you'll be
asked to agree to a new license before using the renamed product.

2. Warn of a licensing change with an impending version upgrade, at which
time you decide to agree (and get the new version) or stick with the old
version/license.

Lots of other variants of the same thing, which is basically: A license is
an agreement and the terms cannot be varied by either party without
agreement from the other (excluding cases where the license explicity allows
this).


From: Bradfield on 11 Feb 2010 03:13

"The Raven" <swilson150(a)yahoo.com.au> wrote in message
news:4b73b946$0$6096$afc38c87(a)news.optusnet.com.au...
> "Bradfield" <bradfield(a)bradfield.moc> wrote in message
> news:hl09aa$cc$1(a)speranza.aioe.org...
>>
>> "Epsilon" <not(a)this.address.com> wrote in message
>> news:hl04e0$khl$1(a)news.albasani.net...
>>> Bradfield wrote:
>>>> What is the status of licences to use software that has changed
>>>> owners?
>>>> Eg. If I enter into an agreement with company XYZ to use a software
>>>> product for which I pay a one off $1000 fee, what happens if
>>>> Microsoft buys the rights to that product? Could Microsoft start
>>>> charging me $1000 a year for using it?
>>>
>>> You will understand that this is hypothetical in that you have given no
>>> information about who the parties are, where they are, the terms of the
>>> licence, and what law applied to the agreement.
>>>
>>
>> I do understand the question is hypothetical in nature.
>>
>>> Subject to those qualifications, the general rule is that where you buy
>>> a licence to use a software product forever, and the corporation that
>>> sold you the licence sells the software product to a second corporation,
>>> you still retain your rights under the licence. The second corporation
>>> buys the software product subject to any licences already given, because
>>> the selling corporation usually gives the buying corporation everything
>>> it owns concerning the software product, but cannot give more than it
>>> owns.
>>>
>>
>> So if I was paying XYZ $1000 per year, could Microsoft demand the same
>> from me?
>
> Yes, that's standard practice. Of course, you could probably terminate the
> agreement. Take a look for termination clauses.
>

Yes, but wouldn't terminating the agreement mean I wouldn't have the right
to use the software anymore?


>>
>>
>>> The theoretical answer is so obvious that anyone reading your question
>>> would wonder about your concern.
>>
>>
>
>


From: The Raven on 11 Feb 2010 03:00
"Bradfield" <bradfield(a)bradfield.moc> wrote in message
news:hl02im$hs8$1(a)news.albasani.net...
> What is the status of licences to use software that has changed owners?
>
> Eg. If I enter into an agreement with company XYZ to use a software
> product for which I pay a one off $1000 fee, what happens if Microsoft
> buys the rights to that product? Could Microsoft start charging me $1000
> a year for using it?

Take a look at the license, most have novation clauses. The license may
change ownership but the basics of it won't change unles you agree to it.



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