Let's say I have a CD or DVD which I got from 3D magazine back in 2004. On that CD is a free base figure for Aiko3 or Vickie 3? now, let's say that someone asks in this forum where they can find a free Victoria 3 figure that will work in poser 7. (Don't get any ideas. I do NOT have this disk. I'm ust using it as an example) Is it legal for me to send  the disk to someone else who wants it? Am I required to delete MY V3 from my hard drive if I give the disk away?

"Is it legal for me to send  the disk to someone else who wants it? Am I required to delete MY V3 from my hard drive if I give the disk away?"

Giving away the disk while keeping a duplicate of V3 would be like distributing the installer.

The disk was part of a limited promotion, like DAZ once giving away all 1st/2nd/3rd and 4th generation figures for a short time.

The promotion has ended and DAZ is now charging again for older figures while giving away Genesis 1 & 2 instead.

So, giving away V3 would sabotage their attempts to wean people off of older figures and make them try Genesis instead.

You might be still allowed to sell or give away the disk depending on the consumer laws of your country, but I'm pretty sure you then would have to delete everything you installed from that disk from your computer.

I can't see where I'd be breaking any laws even if the promotion is over. I didn't ask for the disk or agree to anything  when I got it. Now I do understand that if I installed it, I agreed to the EULA, but does the EULA extend to what I do with the disk? For example, let's say I threw it away and someone saw it and took it from my trash. Am I legally responsible?

To get a legally binding advise, you'd have to contact DAZ.

All I know is that the EULA sais "no redistribution", though certain jurisdictions allow you to re-sell or to give away a software license you obtained as long as you don't keep a copy for yourself.

Of course realistically speaking noone will come after you if you give a copy of Vicky 3 away.

But you asked if it would be legal, and IMO it would be not.

But as I said, if you want to be sure, you have to ask DAZ directly.

Is it legal is one question and has a loss been causedto the vendor (leading to prosecution) is another. If you (ahem, your friend!) keep any installed content from the CD then pass it on then a loss has been caused. Deleting content makes it a greyer area. it is probably not worth DAZs while to prosecute but the RIAA/MPAA has prosecuted for less. Someone was escorted from a cinema and questioned by DHS agents at the behest of MPAA for wearing google glasses. In a lot of regions it is illegal to transfer media format ie LP to tape, CD to MP3.

if you want to ease your concience you could ask if they will be buying content from DAZ that they wouldn't without having V3??

If it were the magazine itself, it would be clear cut; since you bought it, you can legally do what you will with it; it's called "The Doctrine of First Sale".  The US courts have sent mixed messages over the years whether it applies to digital media.  In the EU there would be no issue so long as you remove your copy from your computer.

As an aside, V3, H3, A3 and M3 base were available free on Download.com until last year...

Oh boy.  I know in Japan people tend to copy movies and sell them to used DVD places (considering how much they cost over there...) but I'm not sure it's legal even though it happens all the time (or did, dunno about digital stuff). 

If you purchased a copy of the figure seperately, it's not a problem.  If you never installed the disk, it isn't a problem either.  However if you installed the disk and didn't delete what you installed, I'm tempted to say it is an issue, if not for strict knowledge then for caution. 

Realistically, once they hand out a disk it'd be difficult for people to keep a track of stuff like this, even if they didn't want to wrong the initial vendor.

Another problem (not related to V3 and A3) is abandonware.  It's sort of the grey area of copyright laws.  If someone isn't selling or supporting a digital property and the rights owner can't be tracked down, the legal status of the property is in question.  It's kind of hard to buy something or enforce a law if no one knows who currently owns the rights.

this stuff is illegal AFAIK, but maybe they could move it to copyright forum, in case there are any experts there.  I ain't a lawyer.

For the HYPOTHETICAL case the original poster suggested , you would need to read the license that was with the content on cd. 

If say you already had Victoria as a free download and the cd then you MIGHT be legal to pass the dvd on to a 3rd party with the magazine.  Very likely in Europe, less clear in the USA.

As often repeated in the copyright forum the advice you get from unqualified people on a web forum is worth what you paid for it.  If you need legal advice talk to a lawyer.