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U.S. Court Ruling Nixes EULA Sales Restrictions
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.
fp bitches!!!!!
During the install it shows the EULA and asks if you agree or disagree. If you hit disagree the install exits. I see no problem with this.
There's a real problem with this. The problem is that you are the owner of the software copy, and the software manufacturer has no legal right to interfere with your use and enjoyment of the product that they sold you.
You didn't pay $100 for a plastic coaster. You paid money for a software application. Except that when you attempt to use the product that you paid money for, you discover that the manufacturer has inserted software that demands that you agree to certain conditions before you are allowed to use the merchandise you have paid for. All this after the sale has already been completed.
You are perfectly free to ignore such demands.
Imagine you purchase a new car. The first time you go to fill it up, you open the gas cap and are surprised to find a shrink-wrap label covering the gascap that reads:
LICENSE CONDITIONS
This automobile is licensed, not sold. This automobile is the property of the manufacturer. By removing this label, you enter into an agreement with us, the automobile manufacturer.
In exchange for the right to fill the gas tank, you agree to only purchase premium gasoline from a manufacturer-approved gas station.
If you are not willing to comply with these licensing terms, promptly return this automobile to your dealer or destroy it.
Would you respect that "licensing agreement?" Why not? The same applies to software.