Topic: Burn the EULA - Software sold not licensed. (Read 2306 times)

Nemesis · « **on:** October 03, 2009, 08:40:03 am »

Quote

This is the key factor in copy ownership cases: perpetual possession. When a transaction results in an individual being entitled to perpetual possession of the copy, as was the case for Vernor, then courts should find that such individuals are owners of their copies, entitled to a “first sale” right to resell the copy if they so choose.

Autodesk can of course continue to appeal.

candle_86 · « **Reply #1 on:** October 03, 2009, 09:17:36 am »

bout time the court tells these greedy bastards they dont make the law

Nemesis · « **Reply #2 on:** October 03, 2009, 10:25:10 am »

Don't forget Autodesk can still appeal. Also I have not read the whole judgement and it is possible other elements of the EULA survive this. We shall have to wait and see.

marstone · « **Reply #3 on:** October 03, 2009, 11:41:45 am »

Quote from: Nemesis on October 03, 2009, 10:25:10 am

Don't forget Autodesk can still appeal. Also I have not read the whole judgement and it is possible other elements of the EULA survive this. We shall have to wait and see.

true from what I have read they should only have to add to the EULA a statement that says, you do not have perpetual ownership and the company can call for the return of the software at anytime concurrent with the licensing agreement.

candle_86 · « **Reply #4 on:** October 03, 2009, 02:21:50 pm »

they wouldnt do that, this case is gonna inspire one thing, the whole pirating community is gonna start pirating just to pirate autodesk software just to show them a thing or to.

marstone · « **Reply #5 on:** October 03, 2009, 02:46:43 pm »

When I was first explained the copywrite on software it was easy (back in the '70-80)

It is like a book. You own it, can sell it or transfer to someone else (but can't keep a copy, like a real book), even borrow to another for a short time use. As it is a single copy used by only one person at a time. Simple. Now being able to store the game on a harddrive so you have the original copy and the playing copy. Does put a small wrinkle in the similarity as back in the day you ran a game from the disk/cartrage always.

Nemesis · « **Reply #6 on:** October 03, 2009, 03:43:32 pm »

Quote from: marstone on October 03, 2009, 11:41:45 am

Quote from: Nemesis on October 03, 2009, 10:25:10 am
Don't forget Autodesk can still appeal. Also I have not read the whole judgement and it is possible other elements of the EULA survive this. We shall have to wait and see.

true from what I have read they should only have to add to the EULA a statement that says, you do not have perpetual ownership and the company can call for the return of the software at anytime concurrent with the licensing agreement.

It applies to all software. To be licensed it must have an "expiry date" after which you must renew the license or return it. How many Windows CDs would Microsoft have to recycle each year?

marstone · « **Reply #7 on:** October 03, 2009, 04:49:41 pm »

Quote from: Nemesis on October 03, 2009, 03:43:32 pm

Quote from: marstone on October 03, 2009, 11:41:45 am
Quote from: Nemesis on October 03, 2009, 10:25:10 am
Don't forget Autodesk can still appeal. Also I have not read the whole judgement and it is possible other elements of the EULA survive this. We shall have to wait and see.

true from what I have read they should only have to add to the EULA a statement that says, you do not have perpetual ownership and the company can call for the return of the software at anytime concurrent with the licensing agreement.

It applies to all software. To be licensed it must have an "expiry date" after which you must renew the license or return it. How many Windows CDs would Microsoft have to recycle each year?

True, but they could just have the return address be the city dump.

Rod ONeal · « **Reply #8 on:** October 03, 2009, 11:45:48 pm »

This whole, "You don't own the software", is a bunch of crap. When you buy a book, you own the book. I understand what they are trying to do. They don't want people to install the software and then sell the disc w/serial. They need to come up with some other solution though. This solution just wreaks of being pulled out of their butts. Not even addressing the fact that it doesn't do what it was intended to do. You can download pirated/cracked versions of any software you want.

Nemesis · « **Reply #9 on:** October 04, 2009, 05:44:46 pm »

Quote from: marstone on October 03, 2009, 04:49:41 pm

True, but they could just have the return address be the city dump.

I suspect the city would object and a court might well not accept that as a return if it were challenged.

Nemesis · « **Reply #10 on:** October 05, 2009, 08:54:08 am »

Link to full list

Quote

11.     By installing this software you agree to pledge allegiance to your new machine overlords.
10.    All your base are belong to us.
9.    By looking at this box you forfeit the right to complain about the government.
8.    We will be held harmless for infecting you with the ebola virus embedded in the hologram on the CD.

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