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I have a copy of ms Microsoft Visual Studio 2010 through my university MSDN program. Can I use it to create commercial programs?

Oded
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anonimator
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5 Answers5

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This is from the DreamSpark faq (which is probably the program you got it through):

Q: Are there any limitations on the way I use the Microsoft tools I get through DreamSpark?

A: You must use the tools and software you download from DreamSpark in pursuit of increasing your education, skills, and knowledge in science, technology, engineering, mathematics, or design.

From a MSDN blog:

DreamSpark is a direct-to-student online software download mechanism for technology students to obtain the latest in professional-level software from Microsoft onto their personal computers for non-commercial use in learning and research.

So, not allowed.

See this thread - for the single exception:

DreamSpark has partnered with Windows Marketplace for Mobile, giving students who are verified on DreamSpark access to the Marketplace and waiving the $99 fee. Students can then use the products they download from DreamSpark to create Windows Mobile applications and sell them for profit ONLY on the Marketplace for Mobile, and ONLY under these circumstances. They are not licensed to sell any other software they build, or use the software downloaded, from DreamSpark in any other commercial use.

The express editions are not encumbered this way - you can use the pro tools from DreamSpark to study and learn and the express editions to create commercial products from what you have learned. The express editions however are very limited in comparison, so this is a way for MS to get you hooked ;)

Community
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Oded
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You can develop software that has the potential to be commercial, but you cannot sell your software without having a full retail license. You're not breaking the EULA just by developing a piece of software that might be used commercially. If you think about it, nobody would expect you to re-write your software, just so it could be sold. And legally, the action of writing is exclusively yours, and does not belong to the IDE developers (Microsoft). You are the sole owner of your intellectual property, regardless of how it was written.

Consider a situation where you've been lent a pen for the purpose of learning mechanical engineering, and in that process you came up with an idea for a motor engine, thus written your idea down using that pen. The idea doesn't belong to those who gave you, sold you or lent you the pen for whatever intended purpose.

To summarize, you can pretty much develop anything for whatever purpose under academic licensing. If you do intend to distribute your software commercially. Then and only then purchase a full copy of Visual Studio.

The rationale is simple: once you have revenue from selling your software, you can actually afford buying an IDE such as Visual Studio.

Of course, there are other scenarios such as having multiple workstations with non-Commercial licenses, developing commercial software. Even if one of the workstations does have a commercial license and is used to build the code, this still breaks the EULA as the software was used for commercial purposes.

All in all, it's the technicals of legalities. I don't even believe there's a functional difference between the Academic license or the Retail license, such as the proposed meta-information that signals which license was used to build the application.

Cheers.

Avihoo Ilan
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  • I'm not sure your comparison to the pen is legally sound. When you buy a license to use a product, your use has to comply with the license to be legal. As a practical matter, enforcement might be hard for some of the reasons you mentioned. But the statement, "You are the sole owner of your intellectual property, regardless of how it was written[,]" is too broad. Works for hire, for example, belong to the employer. However, in the end, it's quite correct that if you write it on an academic version and compile it on a retail version, then you've most likely avoided any possible complaint. – Stevens Miller May 27 '12 at 12:32
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Look in the License.txt file, stored in the Microsoft Visual Studio 2010 - XXX subdirectory of the install directory. Section 3.

It used to be spelled out plainly in previous editions but the license text has changed significantly in the VS2010 Ultimate RTM edition. Not to mention it has been formatted in an impossible-to-read way. I cannot tell anymore if I'm entitled to use it for my own products, and I've got the retail edition. Good luck.

Hans Passant
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If it turns out you can't for some reason, you could try using the Visual Studio 2010 Express editions. Given it's a university subscription, I'd be surprised if you were able to use it for commercial use (perhaps check with the university?).

I understand from this thread that the consensus is that you can build commercial solutions with the Express editions. Edit: Looks like according to the FAQ, you can use the Express editions for commercial use, so maybe that might be a decent compromise?

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RobS
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Develop in the MSDN version, compile in the Express edition or via the command line compiler. Shouldn't be a problem....

CJM
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  • just curious, exactly how does one tell what version was used to develop or compile a program looking at the end product – anonimator Aug 02 '10 at 01:50
  • There might be some sort of meta information in there. Beyond the legal issue, there is nothing to stop you using your academic copy - but my point is that there is no need to break the EULA even if it would never be enforced. – CJM Aug 02 '10 at 21:08