The Ghost In The Machine wrote:
...
Sale of Goods Act (?) /REQUIRES/ goods to be fit for purpose.
The complete title act is the "Sale and Supply of Goods Act 1994".
Is software a good? An interesting question. At this
point my head begins to hurt as I contemplate the
surrealism of the underlying metaphor -- erm, I mean,
try to analyze the difference between
- buying physical media (CDs, DVDs, DATs, 1/4" tapes, floppies,
sci-fi crystal cubes, rocks, wooden sticks, ...)
- buying the bits on that media (pits, magnetic domains,
paintspots, notches, ...)
- buying a license for using the bits on that media
(GPL, LGPL, GFDL, Mozilla's PL, JPL -- oh, wait, that's
part of NASA -- QPL, Microsoft's well-oiled EULA, ...)
Which is the good(s) part?
In their advertising Microsoft would have you believe it's the bits on the
media that a laser can read and a microprocessor (of the X86 style family)
can understand and obey) - "Buy /your/ copy of Windwos(TM) Vista(TM) *NOW*!"
(or something similar); however, the truth is all revealed /once/ you have
taken the shrink wrap off the box, broken the seal on the box, used the
media supplied in the box in the usual fashion in a computer and been
presented with a load of text with a reply section at the bottom - within
that text phrases like "You do not own the software [you have just [thought
you] bought] only a licence to use it. If you do not agree with the terms
of this licence do not install the software and contact your supplier for
their details of returing the unused product[1]"
[1] Microsoft describe Windwos as a "Product". As such, they seem to be
very much of an impression that it is goods - after all, if you, heaven
forbit, actually pirate a copy of Windwos, they'll have you for /stealing/
their product. So, to Microsoft, Windwos software seems to be goods
(capable of being /stolen/).
Granted, you guys Across The Pond(tm) have a slightly
different perspective of things;
Wow...someone who has actually noticed! thank you!
...
Microsoft's pretty good at that. Witness their NT POSIX
system, for example.
I try not to witness Mictosoft, if I can help it. ^_-
|
|
