Re: Resale of Software

From: Lawrence D.W. Graves <graves[_at_]ent-atty.com>
Date: Wed, 19 Dec 2001 10:14:27 -0500
Take advantage of the powers of the receivership court.  As long as the software was properly licensed when installed, you can build into the court's order approving the equipment sale a clause specifying that the purchaser acquires the equipment with the benefits of the software rights owned by the estate.  The chances that a software vendor would challenge such an order are about nil, and the order should effectively immunize the purchasers from any infringement claim.  Whether this would extend to upgrade pricing and/or tech support may be quite a different question, but that isn't what you asked anyway.

Best wishes,
                LDWG

At 09:56 AM 12/18/2001, you wrote:
I am  working with a colleague who is a CPA, assisting him with the receivership of a company in
Baltimore.  Part of the tasks is selling the assets to satisfy a debt owed a secured lender.  My
question to the list:  What are the intricacies of selling software that the company possesses?
Can we do it?  Is it a no no?  I suppose that when we sell a PC, if it has NT loaded on it, we
can and should sell the related CD if it is a single user license.  On the other hand, if it is
a multi-user license, unless we sell the entire PC collection to one buyer, we should delete the
software prior to sale.  Please offer your thoughts regarding such issues.  Of course I will
read the documentation that accompanies the actual source media for the software, but I would
like to get a broad commentary.

In any event, I hope everyone is enjoying all that this time of the year brings.
--
Marvin L. Egolf
Cellular 410-808-8240
Text to cell 4108088240@messaging.nextel.com
-------------------------------------
LGM Enterprises, Inc.
Voice 410-515-2959 - FAX 410-515-7022
http://members.home.net/lgmenterprises
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Baltimore Area INNMUG
http://members.home.net/baslua



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*  Lawrence D.W. Graves       Graves@Ent-Atty.com  *
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*  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  * Received on Wed Dec 19 2001 - 15:15:41 GMT

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