If Dell sold their computer with Linux they wouldn't be allowed under the GPL to restrict Linux's use (the GPL forbids distributing GPLed software with other licenses). This wouldn't stop them from giving you a license that applies to everything else though.
If you had purchased it, that would be one thing, and completely your option to sell. Now, I'm not saying that they have the ability to prevent you from selling it, but I suspect that it would be harder to argue your case since it was a gift.
Unless you accepted something that said they could change the terms without notice. If it's in the EULA and you used the software, you're screwed. If it's just in the EULA and you didn't accept the EULA, you can sell it.:)
>>Ignorance of the law is no excuse, and this part of the EULA is still covered under the copyright laws. You'd still be charged. Now if you were to say "How was I to know I couldn't use this copy of Office XP under wine?" then you'd have a legal leg to stand on.
>>(I believe there is something in the Office XP EULA that says you can only use it on a licensed version of Windows, I may be wrong, feel free to correct me).
That wouldn't stand in court even if it is in there. It's anti-competitive and has been illegal since the turn of the century. As in, the last turn of the century.
But then people might actually read it, and above all, even uderstand it... that would be a problem. People might realize that the software companies are actually not nice...
Does anyone know if retailers have to accept something that says they agree to take back software that people don't accept the license to? If so, it's the retailer's responsibility. If not, it's the software company's responsibility.
Then you threaten to sue for the cost of the product and legal costs. If the retailers say that it is not their responsibility, then call the software company and threaten to sue them.
What if you break the CD case and get the CD out that way? I bet you could break off those little tabs that hold the cover to the bottom of the case and just flip it up use the sticker as a hinge.
Oh wait... you didn't break the tabs. They came that way. Right?
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If Dell sold their computer with Linux they wouldn't be allowed under the GPL to restrict Linux's use (the GPL forbids distributing GPLed software with other licenses). This wouldn't stop them from giving you a license that applies to everything else though.
If you had purchased it, that would be one thing, and completely your option to sell. Now, I'm not saying that they have the ability to prevent you from selling it, but I suspect that it would be harder to argue your case since it was a gift. Unless you accepted something that said they could change the terms without notice. If it's in the EULA and you used the software, you're screwed. If it's just in the EULA and you didn't accept the EULA, you can sell it. :)
>>Ignorance of the law is no excuse, and this part of the EULA is still covered under the copyright laws. You'd still be charged. Now if you were to say "How was I to know I couldn't use this copy of Office XP under wine?" then you'd have a legal leg to stand on.
>>(I believe there is something in the Office XP EULA that says you can only use it on a licensed version of Windows, I may be wrong, feel free to correct me).
That wouldn't stand in court even if it is in there. It's anti-competitive and has been illegal since the turn of the century. As in, the last turn of the century.
Exactly. At least in PA, there are "default" speed limits for different types of roads that apply even if there are not speed limit signs.
But then people might actually read it, and above all, even uderstand it... that would be a problem. People might realize that the software companies are actually not nice...
What is the content of this agreement? Would you be permitted to do things that you wouldn't be under the separate licenses?
Does anyone know if retailers have to accept something that says they agree to take back software that people don't accept the license to? If so, it's the retailer's responsibility. If not, it's the software company's responsibility.
Then you threaten to sue for the cost of the product and legal costs. If the retailers say that it is not their responsibility, then call the software company and threaten to sue them.
So wait... would that mean that you are not bound to the Windows EULA since you didn't accept it?
What if you break the CD case and get the CD out that way? I bet you could break off those little tabs that hold the cover to the bottom of the case and just flip it up use the sticker as a hinge.
Oh wait... you didn't break the tabs. They came that way. Right?