What Is The Legal Situation With Upgrades And The Original Copy Of FCE/FCP?

Imagine you have an original copy of FCE/FCP.
You buy an Upgrade and of course use your original serial number to make it work.
You then register the new product with Apple.
Can you then sell your original version and keep your legal entitlement to use the Upgrade?
This question arises from an advert I have just seen on eBay where it looks as though the seller is doing precisely that (if you read their reasons for selling).
Final Cut Suite
Ian.

Hi Ian,
The answer is NO. It would not be legal for either the seller or the purchaser (assuming the seller purchased & applied an Upgrade to his original installation instead of purchasing a whole new copy with its own full license).
In the packaged software world, when you purchase an Upgrade you are only purchasing a license to upgrade from a previously legally owned & installed copy of the software. When you enter the serial number of the previous copy you are identifying that copy. Regardless of whether or not Apple actually tracks the serial numbers, your upgrade license requires you to be the continuing owner of the original license in order for your upgrade license to be valid.
Under the circumstances as they appear in this eBay transaction, the seller would legally lose both their original and upgrade licenses and the purchaser would be illegally installing a previously licensed software package.
The only way to conduct a legal transfer of license would be to deinstall the original software before selling. Of course, that means you would no longer have the software to use yourself.

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What Is The Legal Situation With Upgrades And The Original Copy Of FCE/FCP?

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