Older version program, unlicenced. What is it worth today?
A short question, probably one which requires conscientous analysis rather than a technical one )
If someone today(in the year 2015) installs an unlicenced copy of an older version program (e.g "XXXX 2000"), and if he is sued for using the unlicenced usage of it, he will have to pay the damages of the software company. So far so good.
However, when it comes to determining the price of "XXXX 2000" today, there is no price list as newer upgrades had already come out such as"XXXX 2015". Price lists of the software is only printed when the software was popular(the latest version in that year), so price list for a particular version is available for 2-6 years period. When a newer version comes out, older versions are not licenced by the company anymore.
So the software company does not sell licences TODAY for its older versions even if the infringer wants to buy a license for the infringed version he used. So he has to buy a licence for the latest version, not for the one he has used.
So, what do you think a very older version is worth if you use it today?
1) Should the damage be calculated over the price of XXXX 2015?
2) or Should the user pay something which is less than that of XXXX 2015, as he has used an older version not the latest one?
Which one would be fair?
Nice question ), though not one that has a single answer, "fair" is unfortunately a "vague" adjective.
An interesting point would be which (if any) new features are in "XXXX 2015" when compared to the ones "XXXX 2000", and if any, which of them have been actually used, or, the other way round are there specific reasons why the "XXXX 2000" version was used (though illegally/unlicensed) instead of the latest one?
One could assume that to be a "virtual investment" or "virtual purchase" 😯 .
Let's say that last day one could buy a license for the "XXXX 2000" program was 31/12/2000 and the price would have been at the time - say - US$ 100,00.
If we had a time machine, we could go back in time and buy the license, then (theory) never install/use the program until 01/01/2015.
The Author of the software would have cashed on the 31/12/2000 US$ 100,00 which today, considering inflation could equate to (say
to US$ 137.12, but if we follow this line of thought, then it is a "late payment" (only some 14 years late) that it would be likely to total including "plain" interests anything between 180 and 250 US$, but if compound interest apply, this can easily become 300 US$ or more (of course it depends on applicable interest rates).
Also how much is today the cost of the license for the "XXXX 2015" version?
Like US$ 50 or US$ 500?