You Might Not Own the Software You Bought

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Athlonite

Perhaps a better way to get around this is to just advertise a Box containing a cd/dvd that may or may not provide useful software for doing CAD.... At the end of the day who really gives a shit IF i want to sell something I bought legally then tough tomatoes to the manufacturers who made it an unopened and unused box of software should not be subject to this stupidity otherwise how does an retailer get on doing the same damn thing

 

oh and by the way MPC your captcha crap isn't workng spam crap is still on here  

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Athlonite

Why isnt there a report ^spam^ button on here

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Cy-Kill

Good thing this is only applicable in the US!

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Sovereign

Stupid thing posted twice--delete this one.

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Sovereign

So, if courts/Congress/someone with authority decides we can't resell software, the software companies have it made.  I love how these "capitalist" companies manipulate the market so that the only ones who benefit from it are them.

Sure the EULA gives the companies the legal "right," but the First Sale doctrine needs to be clarified and forcibly applied to these companies.  Or they need to drop their prices.  Either I'll buy a license which is fully saleable and transferable at a higher price, or I'll buy a license that I can't do anything else with at a really low price.

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bart3385

Whe don't these giant companies just use the word RENT, than manipulating the word SALE?

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Gezzer

How enforceable is a EULA if you can't read what you agreeing to till after you buy the software?

With something like a non disclosure agreement you have a choice laid out for you. Agree and you can be privy to non public information. Don't and you don't.

I wouldn't be surprised if the "Special language" the judge was referring to had to do with the sale not with the use of the product. In that case yes I think the software company has the right to set restrictions and expect it to hold up in a court of law just like a NDA can be used to redress damages if some one violates its terms.

Agree to the rules or we won't sell/show it to you, is a lot different then "oh, great you bought our product, btw here's a ton of boiler plate you agreed to by purchasing it.

I think the term is "Informed Consent". It'd be interesting to see if a EULA that comes with a game could be challenged in a court of law for that reason. 

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damazeen

If that's the way they want it, then I shouldn't pay full price for said software. Seems more like a "lease to own" payment structure would be more appropriate. Sort of like share ware, only monthly, and for as long as I want or the full price is paid, whichever comes first. That sure would make upgrading a whole let easier! These software companies keep making it easier and easier for pirates and their ever growing fan base.

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mesiah

This is fantastic. Maybe the auto industry can use this to rebound. Just think, If they slip in some fine print on your car purchase stating that resale is strictly forbidden the used car market will disapear and everyone will have to buy new cars! Possibilities are endless. I can't wait to start getting screwed by this decision on a daily basis.

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compro01

Trying it on physical objects probably won't fly (yet), but I halfway expect them to try it with the software that controls the vehicle.

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aviaggio

Yeah, there is no way this is going to be upheld on appeal. It's completely and totally retarded, and I really have to wonder WTF these judges are thinking.

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compro01

This was the appeal.  It reversed the previous sane decision.  From here, we'll have to see if the supreme court is interested.

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Eoraptor

yeah, unfortuntely the law has nothing to do with being retarded and everything to do with the letter of the law. which is why the same law that protects your right to hold badly xeroxed newsletters up on a street corner protects someone elses right to wear a nazi armband and walk through a holocaust survivor's neighborhood.

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aviaggio

Unfortunately, in cases like this, judges are left to figure out the meaning of the law as there are no past precident for them to rely upon. And as such, boneheaded judges often produce boneheaded opinions.

Anyone else find it disturbing that this particular federal court has the highest number of overturned-on-appeals cases?

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bensen408

Long live The Pirate Bay! Long live Bit Torrent!

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TechJunkie

So what if I purchased software that was never opened and still in the original packaging? According to them, it was purchased and therefore can't be resold because the licsense came with it. Bullcrap. The EULA was never read (or even opened) so the liscense was never used in accordance to the EULA.

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richeemxx

I haven't read the full briefing on the judges rulling but his is really nothing new. If you read the EULA for most all of your software there are several stipulation to resale. I don't know which version of AutoCAD he was selling but if this was an upgrade or something other than a retail box then there should be no expectations of resell rights. MS has had the same wording in their EULAS for years. You can not resell anything other than a retail liscense and then you must un-install it before it sales.

 

As for owning your software, hate to say it but you have never owned the software. You own the liscense and or right to use the software according to the manuf terms!!

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Eoraptor

That's the point. He was literally selling the original, boxed media and manuals on ebay. The problem is, a lot of courts subscribe to the "willful suspension of rights" theory that just because its on a peice of paper or in a EULA, anything is legally binding, regardless of whether it violates other laws or legal precedents elswhere.

Such as the idea that even opening a shrinkwrapped physical box before you have been able to read the digital EULA stored on a CD or DVD inside said box, that you are already bound by that document. You find that kind of crap on just about EVERY peice of physical media you purchase if you read closely the law-speak in their documentation. Now how can you be bound by a document you have njot even been afforded the opportunity to read? It's in the EULA.

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BAMT

And now that you know about it, you have to subject to its terms. I honestly don't even know the terms of it myself; I just paid a lawyer to write stuff that's supposed to protect me from the scary internets.

But really, if I include a EULA with a broom that I sell at a garage sale, can I prevent someone from reselling it? Seriously.

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YoshiHNS

I think Autodesk has a point and were right in this. Some software, such as many CAD programs, sell the program AND a license to use it. That license is a contract saying, Yes, I bought this software and I am the one who will be using it. If he was allowed to sell it, then wouldn't, say, colleges be allowed to sell off all of their licenses for outdated software?

Besides, we legally aren't allowed to resell certain copies of Windows (software only)

I highly doubt game developers are going to start doing the same thing.

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Peanut Fox

"I highly doubt game developers are going to start doing the same thing."

 

EA says hi.  Game publishers would love nothing more than for the used game market to disappear.  In time, that'll probably happen.

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michaelh

For some time software has been considered to be a licensed property rather than an owned one.  The disturbing part, to me, is that in conjunction with potentially disallowing license transfer is how exorbitant the costs are for the end-user.  Quickbooks, Photoshop, AutoCAD, Maya and others have always been costly for a private user.  The upgrade costs reflect no consideration for their customers despite some users attempting to use only legitimate software.

If this is strictly enforced, I can easily see them losing more potential customers to piracy & opensource alternatives.  

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Eoraptor

Ah, the digital economy, the gift that just keeps on giving to asswipes with lawyers. First DMCA, and now this.

 

Imagine if Ford and Chevy could tell you you could not "resell" your car and could only give it back to them or scap it to buy a new one.

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PawBear

Is "special language in the sales agreement" the same as a eula?  If so this is going to be found in all software agreements from hereon.  Maybe that "special language" will work for hardware too?

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Lhot

...I guess this means that because we don't OWN the software we BUY....then the prices for said software will dramatically....DECREASE....more it line with a rental as opposed to a purchase.   I don't think it's legal to ......"Have your cake and eat it too"   ^^

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