Linked by Thom Holwerda on Tue 3rd Jul 2012 19:15 UTC, submitted by tupp
Legal In the Used Soft GmbH v. Oracle International Corp. case, the Court of Justice of the EU ruled today that it is okay to resell software, regardless of clauses in the software license. This is a pretty big deal, and further affirms that a software license is not necessarily binding. Great news for European consumers.
Thread beginning with comment 525060
To view parent comment, click here.
To read all comments associated with this story, please click here.
RE: Great
by Thom_Holwerda on Tue 3rd Jul 2012 22:37 UTC in reply to "Great"
Thom_Holwerda
Member since:
2005-06-29

The question is, are digital goods the same as physical? Well, let's see:


Isn't this about reselling the *license*?

Reply Parent Score: 6

RE[2]: Great
by WorknMan on Tue 3rd Jul 2012 22:45 in reply to "RE: Great"
WorknMan Member since:
2005-11-13

Isn't this about reselling the *license*?


I don't know, but the concept for trying to enforce a license that's not technologically enforceable is ludicrous. For example, if you were using a piece of software I wrote, and there was a clause in the license that said you could only use it while standing on one leg, how is that enforceable? Answer: it isn't. And how is that any different than saying you can only run it on one machine, or that you can't give it to any of your friends? Answer: it isn't.

Best chance you've got for enforcing a license is to have all the runnable bits (or at least enough to make it impossible to copy) behind a paywall, such that you're in total control of how/where/when people can use it. But even for movies/music, that still wouldn't work, since if it can be seen or heard, it can be copied.

Reply Parent Score: 2

RE[2]: Great
by tupp on Wed 4th Jul 2012 04:26 in reply to "RE: Great"
tupp Member since:
2006-11-12

Isn't this about reselling the *license*?

Yes. I recall that, during the Psystar case, Apple fans insisted that "one doesn't actually buy software -- one buys a license."

Reply Parent Score: 2

RE[3]: Great
by kwan_e on Wed 4th Jul 2012 04:40 in reply to "RE[2]: Great"
kwan_e Member since:
2007-02-18

"Isn't this about reselling the *license*?

Yes. I recall that, during the Psystar case, Apple fans insisted that "one doesn't actually buy software -- one buys a license."
"

One doesn't actually buy software - one rents software at full retail price.

Edited 2012-07-04 04:42 UTC

Reply Parent Score: 2