Is it legal to sell OEM / CD Only software?
This is a great question, many of the software companies would like you to believe the answer is no and often attempt to scare customers by placing text on the CD that says, for example; “For distribution with a new pc only” or something to that effect, but rest assured it is in fact legal to purchase OEM software. The truth is that the First Sale Doctrine protects our right, as well as yours to sell OEM / CD Only software. Top of Page Software companies have attempted to circumvent the first sale doctrine by creating elaborate licensing agreements, in which they claim that the software is not actually yours, but that you only licensed it. Several courts however have found it does in fact meet the criteria of a sale and therefore have upheld the first sale doctrine.
