-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1
____/ Nigel Feltham on Sunday 04 Oct 2009 13:00 : \____
> Homer wrote:
>
>> Verily I say unto thee, that Roy Schestowitz spake thusly:
>>> Court Once Again Confirms Right Of First Sale For Software: You Own
>>> It, Not License It
>>>
>>> ,----[ Quote ]
>> [...]
>>> | this is an important ruling for a variety of reasons.
>>> `----
>>>
>>> http://techdirt.com/articles/20091001/1805496397.shtml
>>
>> It seems the Intellectual Monopolists want to have their cake /and/ eat
>> it. If this ethereal thing called "soft-ware" is indeed "property", and
>> is protected as such, then it must therefore be transferable. If a sale
>> of software from the vendor is a legal transfer, then it should also be
>> legal for the recipient to transfer that software to others.
>>
>> If OTOH the Intellectual Monopolists are arguing this software is /not/
>> transferable, then it clearly isn't property, in which case they should
>> not be allowed to claim any rights to it. Ironically, this means merely
>> claiming non-transferability instantly makes an article transferable :)
>
> Not only that but if they can claim the item being bought by the user is
> non-transferable then shouldn't the buyer be told when buying it at a
> retail outlet that the item they have in their hand at the checkout is not
> being sold to them but merely leased and is still owned by the manufacturer
> (and the manufacturer is the only place they can pass the product on to
> when no longer needed)?
>
> The same should apply to not only software but hardware where the buyer
> doesn't have full purchase rights to it as well - for example buying a
> games console where the manufacturer can prevent the buyer doing any
> modifications to the device.
> Either I own the console and can whatever I like with the thing or if the
> manufacturer can still restrict what I do with it then I'm merely leasing
> it so should be informed of this fact on purchase.
It's also very interesting what phone makers achieve (e.g. iPhone) when they 'bundle'
carriers and services like "Shop" or "Store" that reject those who take control of
'their' gadget.
"Do as we say or 'your' product will be a brick."
- --
~~ Best of wishes
Yes, but they forgot to put in the essential checkbox:
I am not a brain-damaged lemur on crack. -- Mark Hughes
http://Schestowitz.com | Free as in Free Beer | PGP-Key: 0x74572E8E
Cpu(s): 22.6%us, 5.0%sy, 0.1%ni, 70.6%id, 1.3%wa, 0.0%hi, 0.4%si, 0.0%st
http://iuron.com - semantic engine to gather information
-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.4.9 (GNU/Linux)
iEYEARECAAYFAkrJA9QACgkQU4xAY3RXLo6/7gCfSOoK0WhunlxGpV6juiEqXG8j
d/gAoLIr7Vh8R67hPxdT3nHpWOS19ilj
=VXft
-----END PGP SIGNATURE-----
|
|
