Having read thru this thread a few times, it seems as if the answers are all in copyright law. I don't know a damn thing about Copyright law, but that would seem like a great place to start. It also seems like someone who does know the laws has already answered most of the questions here. Anybody feel like going back to school for 6 years, passing the Bar and becoming KP's designated "legal counsel"? Yeah, I didn't think so....
GJ
EDIT: after a few hours of reading (yes, really) I have found this short summary to most adequately describe what is allowable in the US for computer programs when it comes to making a copy ie: HPTuners:
Section 117 is a limitation on the rights granted to holders of copyright on computer programs. The limitation allows the owner of a particular copy of a copyrighted computer program to make copies or adaptations of the program for any of a number of reasons:
Utilization of the program. The user is allowed to install the software to his hard disk and run the software in memory.
Making backup and archival copies. The user is allowed to make copies of the software to protect himself from loss in the event of the original distribution media being damaged.
Making copies of software in order to repair or maintain machines, provided that the copies used in repairing the machine is destroyed after the repair or maintenance is complete.
As said before, the First Sale Doctrine allows the program to be resold by the end user, but does not allow copies to be made and sold OR for a copy to be made and kept when the original is sold. Any copies made leagally under the above rules must acompany the original when sold or be destroyed. Really, it seems to be common sense. If it were your program, you don't care if someone uses it and when they no longer need it, they sell it to someone else, but you wouldn't want copies of your stuff being made all over the place.
NOTE: as said before, I am not a lawyer not proficient in the art of law. These are just my findings after some research.
Also, in respect to the originator of this piece of thread, I do not belive you were looking to make profit, it seems to me you were asking if it was even possible? I don't know. I don't have HP Tuners (yet) so I can not speak from experience there.
GJ