Expert: Scott Valentine - 12/9/2008

Question
QUESTION: Hi Scott.  We bought a used Photoshop CS3 thru eBay.  My husband just learned that we need a DVD driver installed on our computer before we can load the software.  I am wondering what the implications are of having bought used software.  I suppose the license is registered in someone else's name.  Will that affect us being able to use the software?  We are really new at this.  I am expecting that Adobe will not give us product support b/c we are not the original owners.  I am also expecting that we will not be able to upgrade to a newer version, but that is not of concern to us.  Is there anything i am missing?
Thanks for your help.
Terri

ANSWER: Hi Terri,

I'm glad you asked about the licensing. I have to preface this response by telling you that I can not provide any legal advice in any sense, so everything here is simply opinion. You will need to consult with competent legal authorities for actual advice.

Used software is a tricky topic. Some companies do not allow license transfers, so there is no legal way to resell their software that has been installed on at least one other machine. However, Adobe does have a license transfer program which requires the owner to file a transfer request to you. They must abide by Adobe's rules for uninstallation, destroying backup or archive copies, etc. It is a slightly difficult process, but not impossible, and it can be a great way to get good software at reasonable prices.

If the person who sold you the software never activated it in the first place, then there is no problem and you will be able to use it immediately. But if you try to activate it and has already been logged in Adobe's system under another machine ID or user, that will raise a red flag with Adobe's licensing database and you will have a more difficult time getting the software transferred.

Your first course should be to ask the seller if they have deactivated the software, then ask them to provide Adobe with the transfer request form (it is the seller's responsibility to file this with Adobe). If the seller refuses, I highly recommend returning the product.

As for future upgrades, you may be eligible if the software is the full version as opposed to an educational version. The only limit on upgrading a previous upgrade is the time limit for special discounts, but I'll leave those details out to avoid confusion. If you are not worried about upgrades, then there's no issue, as you noted :)

I hope this helps! If you have any other questions, please feel free to ask.

-Scott

---------- FOLLOW-UP ----------

QUESTION: Thank you for your amazingly quick reply!!  You helped me to understand more of how to proceed.

I wondered if you could explain why you would recommend returning the software if the seller refuses to transfer the license?  Why do i need the license?  What are the benefits?  Are there any 'risks' to not having the license?
Thanks again for helping us.
Terri

Answer
There are two big reasons for returning the software if you don't get the license: CS3 requires activation online, which won't work if it has been previously activated by another person; it's illegal according to the terms of the software license agreement.

I personally do not condone illegal software use - and I'm not implying that's the case here. You are making a good-faith effort to be within legal bounds, and presumably purchased a legal copy of Photoshop from a legitimate buyer, so I won't say any more about that subject.

The issue with activation is that Photoshop now behaves like Windows in that it "phones home" to see if it's allowed to be used. If the previous owner activated the software on their machine, they had to deactivate it for your copy even to work. Securing a license transfer (which is free) assures you that the other owner can not claim that you stole their software key, and that you have a right to any support allowed with your version. Further, there is a slight possibility that the previous owner could reactivate on his machine, and thus lock you out of using your copy. Adobe will not be very helpful in a situation like that, and you will have wasted your money, even if the previous activation was an accident.

=)

-Scott