what ever happened to the concept of "average and reasonable" as in; "if the average and reasonable person believes they have purchased a CD when they pay their money and leave the store, and does not find out until after having broke the shrinkwrap that the did NOT purchase a CD but instead bought an electronic license device, did they buy a CD as they thought as they paid their money? when is it a sale? and when is it a "lease"? does not the perception of the average and reasonable consumer determine the fair business practice in common commercial and retail law? does the averge joe typing a letter on his 2gigHz pentium have a clue about the EULA?
On Friday 03 May 2002 02:48 am, you wrote: > On Fri, 2002-05-03 at 02:12, Damian G wrote: > > > Well, someone who cannot post to the list because his ISP is out > > > picking daisies and not supplying reverse resolution sent me a missive > > > pointing out that no one buys Windows. It is a license one buys, > > > nothing more. > > > > hi Civileme. > > > > uhm.. i do not agree with that part, nor do i think a proper trial would, > > just like the case of that guy that god sued by Adobe for reselling. > > > > "as long as the transaction has the form of a sell, it is a sell". > > period. > > > > if "buying" a cd of any kind of product implied that license, then the > > buyer should get to read a printed copy of the license or something, > > before he made the purchase. > > > > but if you just enter a shop, lay off some money and take a CD, then > > you just bought a CD, and the bytes contained in it do not matter > > until you put that CD in a reader device and read them. > > there's no such thing as "when you buy that CD you are really buying a > > license". > > > > Namely put, as long as you do not put the CD into a CD reader, > > it technically is just a piece of plastic to you. > > > > that's how that Adobe trial ended anyway.. > > > > Damian > > Civ does have a point. According to the EULA, you do NOT own the > software; you are only granted a license to use the software at > MicroShaft's behest. When you buy the CD, you are indeed buying a > license. Now wether you decide to USE that license or not at whatever > time in the future is up to you; but that does not nullify the fact that > you purchased the license. If you want to leave that license on the > shelf, that's your right, but again it does not affect the fact that you > purchased a license, and your invoice is your proof of purchase for that > license. > > What I'm discussing here is basically YOUR contract with the seller of > the software. If we discuss another software seller other than M$, then > the terms of that EULA may well indeed dictate that you DO OWN the > software; in which case your assertion holds true. > > The bottom line is that no matter what you or I consider ethically right > with respect to what we bought, we both are legally bound by the terms > of use of the authors (copyrighters) wether we like that or not. The > USE of the software and agreement to the terms of use constitute a > contract; and a contract can say ANYTHING. M$ is a prime example of > that; they've redefined the myriad ways that a EULA can screw the common > man. > > LX
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