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U.S. Court Ruling Nixes EULA Sales Restrictions

Posted by ryuzaki0 on from the interesting-twist dept.

Raziel writes: "The Register is reporting in this article that a district court has ruled in favour of "software users that wish to extricate themselves from restrictive software licenses". The case in question is Adobe vs Softman, and in its ruling, the District of California seems to vacate Adobe's claims of "irrepairable damage" caused by the resale of Adobe products without forcing the use of Adobe's registration process. The full ruling is available in PDF format here. Any chance of a precedent here?" You can also read the Don Marti piece piece that sparked this discussion.

2 of 269 comments (clear)

  1. impact on upgrades? by Lepruhkawn · · Score: 5, Interesting

    Does this decision have any impact on upgrading software and getting price breaks?

    For example, I upgrade from Crapsoft 3.1 by buying Crapsoft 4.0 and get a rebate on Crapsoft 4.0 because I have a 3.1 UPC symbol.

    So can I sell Crapsoft 3.1 to someone because I am no longer using it and I made two purchases and am only using one?

    --
    Jesus saves....And takes 1/2 damage.
  2. I wonder what this means for preinstalled software by Gaijin42 · · Score: 5, Interesting

    The article and ruling are worded such that the ruling only applies to unused software. IE you can't decide a week after using XP that you don't like it and sell it (If the EULA doesn't permit that) But if you never installed it you are fine.

    What if the software is installed by default. Software that has a clickthrough or registration screen built in on first use will probably still be covered, but other stuff may not be.