Slashdot Mirror
Hardware Manufacturers Gouging Customers
rahlquist writes "An article over at infoworld discusses that buying that used router on ebay may not be a good deal if Cisco can find its way to screwing you. What's next, buy a used Ford and pay Ford to transfer the license for the onboard computer's OS or face piracy charges if you continue to drive?"
The bad news is that they are violating the gpl. :( I even submitted a /. article that is still pending after 2 days trying to deal with this. I need to recompile the kernel on one of the units I bought from them, but they won't release the kernel sources to me. *sigh*
Karma: Chameleon (mostly due to the fact that you come and go).
At the rate that hardware becomes outdated, what benifit do they think they would have screwing their customers out of trying to recoup some of their costs?
Not to mention that every time I sell old hardware, it is for the express purpose of purchasing new hardware. Everyone wins.
What's next, buy a used Ford and pay Ford to transfer the license for the onboard computer's OS or face piracy charges if you continue to drive? don't give them any ideas
does this mean I can sell the hardware to someone, and the software to someone else?
It means you can't sell the software at all. You don't own it, and the license is not transferable.
Someone owns a whole bunch of Cisco routers or other miscellaneous equipment. Once the equipment is no longer needed, they retain the license to the software while selling the hardware to someone else. Cisco rep complains, new hardware owner says "talk to the software licensee". When purchasing maintenance agreements and such, the hardware owner pays off the software licensee the cost of the maintenance agreement plus a small surcharge, and the software licensee pays Cisco the amount on Cisco's price list for the maintenance agreement.
The terms of the license agreement are fulfilled - it's just that the on-site location is changed.
"$15,000 is still a good deal... If the ownership of a system changes, our contract says the software has to be relicensed."
If I give up my ownership, do I get my $15K back? Something tells me no.
When companies get greedy like this, it's all I can do to keep my calm. I'm not sure I agree that all information wants to be free, but used sofware licenses that are bound to hardware that is changing hands sure do.
The CB App. What's your 20?
One thing they don't discuss in the article, but which I think would be legal, would be to permanently lease your equipment rather than sell it on eBay.
E.g. Used router for sale - $ 400
versus Used router for lease - $ 400 first month, $0 each additional month.
If you really need service contracts negotiated through me, then I do it for you at a reasonable hourly rate for my inconvenience.
More importantly, when you bought it (perhaps from someone like CDW) you bought the entire thing, there wasn't even an option to buy just the hardware. Now they want to claim they are two different parts???!!! That's completely bogus; if CDW can sell it to you then you can sell it to someone else. Also, if you did decide to sell the hardware and then sell the software to someone else, the legal principle known as Right of First Sale pretty much says that you indeed can sell the parts, even if NetApp doesn't like it.
I'm an American. I love this country and the freedoms that we used to have.
I bought an 831 new (so I have the license for it) back in June. After reading about the recent vulnerablility I contacted Cisco to get an updated IOS version. I thought it would be a simple process, considering some of the comments I read here. I recieved an email back from them telling me if I wanted it fixed, I would have to purchase a SmartNet contract. That was July 18, and I am still running a vulnerable version using the ACL workaround.
If people can't be bothered to READ a contract before signing it I can't be bothered to care.
I do read that sort of thing and that is why I will only buy from scum like Cisco if I have no other choice. And I usually do.
You can buy sync serial cards on the open market you know.
As for non-transferability, BS. They can probably refuse to sell a service contract on the used equip, perhaps even deny you updates. But "going after" you for possessing/using a piece of used equip would never stand in court. Doctrine of first sale allows copyrighted works to be sold by their rightful owner and EULAs are only valid in Virgina. So unless you have an actual contract with a company that specifically says you can't bring in a used box you are clear, and any such clause probably wouldn't stand in court if you were willing to spend the money to fight it. (i.e. one unit from eBay isn't worth a fight, 1,000 from an acquisition probably is.)
Democrat delenda est
If you sell your used hardware to someone, then from the corporate viewpoint, YOU are depriving them of their right to sell NEW hardware to that person, hence you are infringing on the rights of a corporation !?! Lordie this country is hosed in the head....
errr....umm...*whooosh* *whoosh* Is this thing on ?
"Tague and others think the manufacturers' restrictions are just not right. "It's a flat out scam," he says. "Just because it's typical, just because the other guys are doing it too, doesn't mean it's OK."
How is it, in a nation where it is the will of the people that is to be represented and reflected in our laws and statues, our laws and statues reflect not the will of the people, but the will of an elite minority?
What more evidence do we need than this that ours is not a government by the people, for the people, but instead a government by those who have power, for those who already have it?
These businesses and corporations exist, and may operate only as we permit them to; they are by our permission.
We must revoke their permission. We must revoke their permission to buy laws which ensure their profit margins. We must revoke their permission to buy laws which mandate revenue where there ought not to be any.
What was it that the Justice Department lawyers told us, and the technology lobyist told us in their interviews; that it is naive, uninformed, and probably just childish of us to suggest that our government is in the pockets of corporations, and that corporations can "buy laws"?
What I say to them is that it is they who are naive. The corporate interests of today do not need to buy a single new law to oppress us, to wrong us, and to devestate us.
They do not, because our laws, our resources, our nation, were bought and sold to corporate interests long before any one of us were even born.
We are born into chains and we die under their weight.
If you struggle, it only drives those in power to bind us all the tighter. And they grin in delight. And they swim in their gold. And they build the flames higher.
.sig Realistic fines for copyright in
I was looking for a used SOHO series router on eBay, but I think I'm better off building a small Linux router and using something like Freesco instead.
I know I'm small potatoes in context to the article, but I wonder how many other large organizations, after having a experience simimlar to Mr. Tague's, will take a long hard look at a Linux based solution?
This isn't like Gamer PCs, where you _need_ a 4.77 GHz machine to keep up, or a Microsoft Office machine, where MS keeps making Office bigger and using the newer features of Windows, so you need to upgrade Windows, but you can't upgrade to Windows 2006 without upgrading to at least a 2GHz machine with 6.40GB of RAM. This is much more like the 486 Linux machine sitting in the corner acting as a DNS and DHCP server, or the Pentium 133 you're using as an X terminal.
But there are two popular reasons to sell a used router. One is that you're upgrading to a bigger router, and as you say, everyone wins including the router vendor. The other reason is that your dot-com died (or was bought by somebody who already had enough bandwidth in their offices) and you're selling the routers, the PCs, the chairs, the cubicle walls, and the t-shirts, and nobody's buying any new router except your happy E-Bay customer, and the router vendor loses a sale they might have gotten.
Bill Stewart
New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
The OS in your car is embedded Linux, so you owe SCO $699 even if you bought the car new.
They have to play by US law. Now they could, of course, just stop selling stuff here and there'd be little anyone could do about it. However a US court can exert control over them so long as they have a US arm of operations. This is how the EU can exert control over Microsoft, despite it being a US company. They do bussiness in the EU and hence are subject to the laws of member nations if the wish to continue to to bussiness there.
Did you read the article? This isn't a router from Best Buy we're talking about here. It's resales (most likely from bankruptcy settlements) of high end networking equipment - the list price of one of the items is 60 grand. The guy got it for 4.
Go ask your company accountant about what an asset is worth if it can't be resold for its intended purpose. What this means is that expensive cisco grear that is being deprecated over 5 years is fraud (the kind your CEO can get thrown in jail for). The device only has scrap value once you open the box so it must be deprecated in one tax year. What does this make MCI worth seeing how much cisco gear they own and no one in their right mind would buy all of them.
Once again the Slashdot reaction is totally off base. No wonder SCO and Microsoft have so much trouble taking this crowd seriously.
From the article:
"...when he contacted NetApp to purchase a maintenance agreement for the used system."
Two key words there: maintenance agreement.
First you have to remember that nobody is REQUIRED to provide that service. If you come to me and ask me to provide a service then I'm going to tell you what I will do and how much I want for it. If you don't like it then you can look elsewhere.
Anything else would be the same as you holding a gun to my head and forcing me to provide the service on your terms. That certainly isn't a fair business deal.
So you want to compare this to a Ford. Fine. Go get yourself a 96 Ford Contour with 100,000 miles on it from someone advertising in the local classifieds. Then drive or tow the thing down to your local Ford dealer and demand that they sell you a maintenance agreement for the same price as a current production model.
Go ahead, I'll wait.
Oh, you're back? Where's the car? Lemme guess, the guys at the dealership ended up pissing themselves from laughing so hard.
Maybe you should try again. Got that old Compaq 386 laptop out in the garage? Give Compaq/HP a call right now and tell them you want a 5 year maintenance agreement on the damn thing and you're not paying a penny more than $500 for it.
It must be because these are all corporations, right? We all know that anyone trying to do business and make a living is evil.
How about you? Would you want to operate the way Michael Tague expects?
Somehow I don't think that Mr. Tague would do business this way either if he were on the other side.
. Quit playing Monopoly with Bill. Switch to one of many non-Microsoft products today.