Can You Buy Windows 7 From an Individual Legally?

The purchase and sale of software falls under copyright law.

The Copyright Act of 1976, also known as copyright law, governs the reproduction and sale of intellectual property, including software such as Windows 7. While a person who purchased a program legally may sell it to another, there are restrictions.

Copyright Protection

Sections 104 and 106 of the copyright law prohibit unauthorized reproduction, distribution and sale of a copyrighted work. This includes computer programs.

First Sale

The right to "First Sale" is found in section 109 of the copyright law. It allows a person who legally purchased a copyrighted work to sell or give away that copy without permission from the copyright owner. This only applies to legally purchased copies.

Backup Copies

Section 117 of the copyright law allows the owner of a legally- purchased copy of a computer program to make a backup copy for personal use. However, if the original copy is sold or given away, the backup copy must go with it or be destroyed. Otherwise, it is a violation of copyright law.

References

• U.S. Copyright Office: Subject Matter
• U.S. Copyright Office: Exclusive Rights
• U.S. Copyright Office: First Sale
• U.S. Copyright Office: Computer Programs

Resources

• Copyright: Basics