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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.

4 of 269 comments (clear)

  1. About time! by s.a.m · · Score: 1, Redundant

    It's about time they finally made a sensible decision on these EULA's that state you can't sell off software you bought.

    Hopefully this sets some sort of precedent so that others can benefit from this.

  2. Microsoft by mlong · · Score: 0, Redundant

    If we get more rulings like this I wonder if it will be legal to resell Windows copies that are marked "for new pcs only".

    Also it would be nice if the courts realized how stupid it is that a customer pays for a license before they have the chance to read the EULA, and that most stores don't accept returns on opened software. So as it stands you have to buy the software before you can decide if you want to agree to the EULA, and if you don't agree, tough.

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    //m
  3. Did anybody else find this funny? by dkh2 · · Score: 0, Redundant

    Look at this - the documentation re: a license disagreement with Adobe is presented in PDF!

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    My office has been taken over by iPod people.
  4. The duck test by wiredog · · Score: 1, Redundant
    From the article:

    if the transaction has the form of a sale, it's a sale.

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    Best Slashdot Co