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Software is a service: acquiring a CD of software is not the same as acquiring usage rights to that software.
Actually, software is a product. It was just recently reported here that there's a case in the US where a person was selling forward the software he had bought and court said it was indeed legal as the software was a product, not a service.
It's the same here in Finland too; several years ago already a similar case went to the court and the judge clearly ruled that software sold as a product is a product, not a service. If they wanted it to be a service they'd have to market and sell it as a service.
This is a double-edged sword: if apple cannot enforce their right to license how they want, should open source licensing be also be unenforceable.
Apples and oranges. You apparently don't understand the difference so I'll explain: open-source licenses are all based on the copyright law. They grant you permission to use and distribute copyright work; a permission you would not have without the license.
Commercial EULAs however try to imply that copyright law also allows you to dictate how, where and when your work can be used. The problem is that that is not part of the copyright law. Copyright law only handles about making copies of and distribution of copyright work, not how one can use it after one has legally obtained it.
References? Licenses are transferable, but you still are bound by the conditions of the license.
Different to a free software license how? Have you looked at the GPL? You are not arguing on principle: the right for a company to license as they want.
The EULA does not appear magically only after the software is bought. Neither does the GPL. Even then if you have second thoughts you can refund your money.







Member since:
2008-08-25
Software is a service: acquiring a CD of software is not the same as acquiring usage rights to that software. And attacking me personally does not prove your point.
I do not own any apple products and do not approve of their business practices. Defending their right to license their property how they want does not make me a mac zealot.
If apple does not want to license OS X to the competition, the should they not be forced to.
This is a double-edged sword: if apple cannot enforce their right to license how they want, should open source licensing be also be unenforceable.