Thoughts on Bonanza and legality?
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@irj said in Thoughts on Bonanza and legality?:
@dustinb3403 said in Thoughts on Bonanza and legality?:
Are you in the EU? If not why would you think the laws there cover you?
Right, you cannot SELL your licenses in US, but what would prohibit you from buying a legally sold license? That is what I am trying to figure out.
I am not selling, but looking at buying. Completely different rules in many cases.
Buying them is likely legal. Using them while in the US is where the US law, rather than the EU one, would matter.
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@francesco-provino said in Thoughts on Bonanza and legality?:
I know of many SMB that has purchased licenses like that for years, zero issues.
In the EU, or crossing into the US as well?
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@francesco-provino said in Thoughts on Bonanza and legality?:
I know of many SMB that has purchased licenses like that for years, zero issues.
Having zero issues and being legal and compliant are two completely different things. You'll likely never get audited unless you have volume licensing, and without an audit, the legality will likely never come into play.
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So I'm in the uk.
Take the first link as an example for VMware workstation.
As a home user if I bought that @ £18 am I legally in both UK and US law to use it?
What if I'm a business and want to use it?
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@hobbit666 said in Thoughts on Bonanza and legality?:
So I'm in the uk.
Take the first link as an example for VMware workstation.
As a home user if I bought that @ £18 am I legally in both UK and US law to use it?
What if I'm a business and want to use it?
Since you're still a citizen of the EU, the EU court ruling applies to you. Perpetual licenses can clearly be resold legally. When it leaves the jurisdiction of the EU it becomes more murky, but more because software makers don't want it clarified because US courts would likely arrive at the same conclusion as the EU court.
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@bnrstnr said in Thoughts on Bonanza and legality?:
@francesco-provino said in Thoughts on Bonanza and legality?:
I know of many SMB that has purchased licenses like that for years, zero issues.Having zero issues and being legal and compliant are two completely different things. You'll likely never get audited unless you have volume licensing, and without an audit, the legality will likely never come into play.
Yeah, I wouldn't even think about trying this at the business level.
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@kelly said in Thoughts on Bonanza and legality?:
It looks like there is the possibility that you can purchase perpetual license software (non-OEM, non-subscription) in the US so long as the license was designated as an EU license and originally sold to a company in the EU. It isn't a matter of EU law vs US law. The EU has simply clarified existing law clearly and US courts have not.
So the answer here is it is probably ok for personal use in the US?
Bonanza has been around for years, you would think Microsoft would have them blocked from US buyers by now if it were an issue...
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@scottalanmiller said in Thoughts on Bonanza and legality?:
@irj said in Thoughts on Bonanza and legality?:
@dustinb3403 said in Thoughts on Bonanza and legality?:
Are you in the EU? If not why would you think the laws there cover you?
Right, you cannot SELL your licenses in US, but what would prohibit you from buying a legally sold license? That is what I am trying to figure out.
I am not selling, but looking at buying. Completely different rules in many cases.
Buying them is likely legal. Using them while in the US is where the US law, rather than the EU one, would matter.
The law is against selling, correct? So if you buy, is there something stating you cannot use?
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@irj said in Thoughts on Bonanza and legality?:
@kelly said in Thoughts on Bonanza and legality?:
It looks like there is the possibility that you can purchase perpetual license software (non-OEM, non-subscription) in the US so long as the license was designated as an EU license and originally sold to a company in the EU. It isn't a matter of EU law vs US law. The EU has simply clarified existing law clearly and US courts have not.
So the answer here is it is probably ok for personal use in the US?
Bonanza has been around for years, you would think Microsoft would have them blocked from US buyers by now if it were an issue...
The answer is dependent on the level of exposure and risk you're willing to assume. As a personal purchase your exposure is low, and you're thus unlikely to become a test case. We have gotten used to the idea that if something isn't specifically allowed it is illegal. The truth goes in the opposite direction. I believe (IANAL) that you would not be doing something illegal to purchase software from Bonanza and using it, even in a business. That said, case law does refine interpretation of law, so I won't be recommending Bonanza to my clients as a way to save money
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@kelly said in Thoughts on Bonanza and legality?:
@irj said in Thoughts on Bonanza and legality?:
@kelly said in Thoughts on Bonanza and legality?:
It looks like there is the possibility that you can purchase perpetual license software (non-OEM, non-subscription) in the US so long as the license was designated as an EU license and originally sold to a company in the EU. It isn't a matter of EU law vs US law. The EU has simply clarified existing law clearly and US courts have not.
So the answer here is it is probably ok for personal use in the US?
Bonanza has been around for years, you would think Microsoft would have them blocked from US buyers by now if it were an issue...
The answer is dependent on the level of exposure and risk you're willing to assume. As a personal purchase your exposure is low, and you're thus unlikely to become a test case. We have gotten used to the idea that if something isn't specifically allowed it is illegal. The truth goes in the opposite direction. I believe (IANAL) that you would not be doing something illegal to purchase software from Bonanza and using it, even in a business. That said, case law does refine interpretation of law, so I won't be recommending Bonanza to my clients as a way to save money
nicely written...
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@irj said in Thoughts on Bonanza and legality?:
@scottalanmiller said in Thoughts on Bonanza and legality?:
@irj said in Thoughts on Bonanza and legality?:
@dustinb3403 said in Thoughts on Bonanza and legality?:
Are you in the EU? If not why would you think the laws there cover you?
Right, you cannot SELL your licenses in US, but what would prohibit you from buying a legally sold license? That is what I am trying to figure out.
I am not selling, but looking at buying. Completely different rules in many cases.
Buying them is likely legal. Using them while in the US is where the US law, rather than the EU one, would matter.
The law is against selling, correct? So if you buy, is there something stating you cannot use?
If there is, it would have to be in the EULA.
