• Software
  • New EU judgement on software licenses. (p.2)
2012/07/04 16:39:26
Jonbouy
backwoods


"Propellerheads unlike many others have always made their licenses transferable..."


Hello. I've pointed out you are dead wrong and you are too arrogant to see it :)


So you keep telling me.

http://www.propellerheads...mp;article=buysell_buy
2012/07/04 16:46:35
backwoods
OK- so "Rack extensions" and downloaded "Refills" have always been transferable?   
Rack extensions are not transferable. Neither are downloaded refills " Prior to downloading, as part of the download process, you may (depending on what ReFill you're buying) be required to accept a user agreement. Please note that there is no 30 day return policy on downloadable products and that ownership can not be transferred to another person. "  



2012/07/04 16:54:05
Jonbouy
Did you read the first paragraph I wrote in post #7?

Stop trolling for the sake of it please.

Take your personal beef with me offline, it's getting too obvious.
2012/07/04 16:59:37
backwoods

"Propellerheads unlike many others have always made their licenses transferable..." 


"Erm, no I ain't.  Propellerheads have tried to launch RE's in the last 2 weeks with non-transferable licenses, now they have to think again on that one.  Refills are soundware and very few licenses there have ever been transferable, that will have to change too now. "

Trolling eh?
2012/07/04 17:03:07
Jonbouy

2012/07/04 20:49:03
fitzj
ok so you live in Europe and instead of purchasing the next new release you wait and buy secondhand and you ask cakewalk to re-register and they refuse. What do you do? It would take thousands to take legal action.
2012/07/05 06:13:21
Jonbouy
fitzj


ok so you live in Europe and instead of purchasing the next new release you wait and buy secondhand and you ask cakewalk to re-register and they refuse. What do you do? It would take thousands to take legal action.


It's not ambiguous at all.

"An author of software cannot oppose the resale of his ‘used’ licences allowing the use of his programs downloaded from the internet"

Quite simply they'd be breaking the law.  Will they want to be seen to be doing that?

It's the law that says it's illegal if I steal a car, instead of flouting that law most people just comply, if they don't there will be consequences.  Most people would rather not steal the car than find out what happens if they try it.  Same here.  Given that it was a company the size of Oracle that brought this case and lost I can't see many companies wanting to take the risk.

This is also why I see it creating waves worldwide outside of Europe.  If you have companies that are trading internationally then those not living in the EU are going to be pretty miffed if their European counterparts have resale value in their software and the rest of the customers don't

I do however see in the long-term, license agreements changing to reflect this which may indeed end up being an even worse deal for the end user.

Time will tell.
2012/07/05 11:53:26
DaveClark
Hi all, What a Surprise! Yet another bad decision by a court regarding software.... A lot of folks would like to blur the distinction between physical products and licenses, e.g. to make toasters and software licenses the same, but consider this: You've just married Miss Universe. She's a great cook, great hostess, and your personal life so to speak couldn't be better. She decides that she doesn't want to be married to you any more, so she tries to sell her marriage license to you on eBay. You say that's ridiculous! She says that she could sell a toaster, so why not the marriage license? In a decision, a court agrees with her that you have "exhaused your distribution rights" i.e. that you no longer have a monopoly on deciding whom you will be married to, and she now has the right to distribute it. So she sells it for USD $1 to an 83-year-old homeless woman with serious health problems. You must accept this transfer, according to the court decision. Regards, Dave Clark
2012/07/05 14:52:13
Jonbouy
Dave, have you ever tried to buy and sell a spouse?

There's so much headache involved for so little return I wouldn't bother mate.
2012/07/05 14:58:57
Jonbouy

A lot of folks would like to blur the distinction between physical products and licenses, e.g. to make toasters and software licenses the same,


Yeah a lot of folk mostly those that sell software licenses.

They clearly like the idea they can sell you stuff that doesn't work properly too, yet hardware incorporating software/firmware has to be of merchantable quality rather than sold 'as is'.

Why shouldn't they be the same thing rather than being a law unto themselves?

Hey my brakes failed, but bless my car manufacturer because it's a complicated bit of kit that must have taken them loads of development time and expense, most of it works OK though so it seems a bit impolite to whine about it...

What is this world turning into?
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