Re: why is CodeGear/Borland not selling old versions?

Roddy Pratt wrote:
Wayne, I think you're wrong on this one:-

http://support.borland.com/entry.jspa?externalID=5317&categoryID=94


Q: "I have just purchased an upgrade license from Delphi 7 to BDS
2006.

Am I able to use both versions of Delphi?"

A: "If the license is an upgrade then only the version upgraded to
can be used - ie BDS 2006

If full licenses are available for both versions of Delphi then both
can be used."

Well this would be relatively new then and I wonder if it is something
CodeGear might want to review (I certainly want it reviewed!). However,
actual wording in the license delivered with each version will *certainly*
override such a FAQ entry on the web

Here's the related text from license.txt for Delphi 6:

[2.]b. If you have purchased an upgrade version of the
Software, it constitutes a single product with the Borland
software that you upgraded. You may use or transfer the
upgrade version of the Software together with the original
only in accordance with this License Agreement.

Here's Delphi 7's version:

[4.5] If you have purchased an upgrade version of the
Product, it constitutes a single product with the copy
of the Product that you upgraded. This means that,
although you may have two sets of Product media, you
still have only one license. Therefore, you may not
transfer the original copy of the Product to any other
party.

Both are identical in meaning and effect - all upgrades constitute a single
product license, meaning you cannot transfer or sell individual versions,
any transfer must include all upgraded - from and to - versions; but clearly
indicates that you are allowed and expected to remain in possession of all
versions and are allowed to use them.

The BDS 2006 license.txt is much more wordy and less clear, however it does
not appear to change this at all:

7. SERVICES; UPDATES; PRODUCT CHANGES. Borland is not
required under this License to provide any installation,
training or other services to you. Such services, if
available, must be purchased separately. If, pursuant to
a separate support agreement or otherwise, Borland provides
you with a new release, error correction, update, upgrade or
other modification to the Product, such modification will
be deemed part of the Product, and subject to the terms of
this License, unless the modification is expressly provided
subject to a separate license agreement. [snip]

The key part of the above being "such modification will be deemed part of
the Product, and subject to the terms of this License". Again it indicates
upgrades are part of the *single* license you have, but do not in any way
indicate that previous versions become legally "dead" and cannot be used.

Therefore, the limitation you quote above is in contradiction to the license
text, so I will continue to act according to the license text (which
includes both what it says explcitly, as well as what it *doesn't prohibit
explicitly*) and suggest everyone can do so as well. The quoted limitation
would basically mean no one is allowed to take advantage of upgrade pricing
if they have any project that need to be maintained in a previous version;,
you would be required by law to immediately upgrade every project to the new
version before you could do any further work to that project. That would be
a horrible limitation, so I am convinced that whomever wrote that web entry
*was in error*.

--
Wayne Niddery - Winwright, Inc (www.winwright.ca)
"Some see private enterprise as a predatory target to be shot, others
as a cow to be milked, but few are those who see it as a sturdy horse
pulling the wagon." - Winston Churchill


.

Relevant Pages

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