Linked by Thom Holwerda on Fri 17th Feb 2006 12:41 UTC, submitted by jayson.knight
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Member since:
2006-01-04
Yes, its a license and you donīt own a thing.
There is however a problem with shrink-wrap-licenses in general. A license for a piece of shrink-wrap software, may not be enforcable, in case it puts the user in a worse position than he had reason to believe when he bought the software (the software is in shrink-wrap and he is unable to read the license before buying).
This is in contrast to click-wrap software (ex. downloaded from the internet), where you accept the license before you buy. In this case the license is probably valid (unless it infringes on other consumer laws).
AFAIK I know there has been a supreme court decision in Germany stating that the license (at least the part about it being tied to a specific PC) is not enforcable. Thus resellers are able to buy oem licenses from users, and resell them again together with a PC.
The license has however not been testet in court in many european countries. Among them is Denmark where I live.
Edited 2006-02-17 14:29