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.
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Soulbender
Member since:
2005-08-18

I'd be worried that no one in Europe could protect their land or be protected by deed restrictions based on this ruling


That's because you obviously do not understand the law or what this ruling is about. To be honest, I'm beginning to question if you understand English.

The same concept that protects a buyer and seller or real estate also is the basis for this case.


Say what? This is about the right to sell the things you own and no longer use or like or whatever. Oh, and for your information, it's perfectly legal to sell your own real estate.

One now could say that deed restrictions can not be enforced so a pig farm or condo project could be put in next to your dream home


I really don't see how one could lead to the other. Oh yeah, it's because there's no relationship between them at all.

Dude, there's a reason no-one here, not even the other Windows users, ever agree with you or back you up. It is because...how should I put this nicely...oh yes...you're a total idiot. Either that or you're doing an absolutely awful job at playing the devils' advocate.

Reply Parent Score: 4

jefro Member since:
2007-04-13

You can't see the truth when you are so set against or for a position it seems.

They are the same. A legal agreement that extends beyond the sale. That is the very basis of a deed restriction. What do you think protects a deed restriction? It is an agreement formed at the time of sale. It continues on to any other sale. It can't get any more simple than that.

Reply Parent Score: 1

WereCatf Member since:
2006-02-15

They are the same. A legal agreement that extends beyond the sale. That is the very basis of a deed restriction. What do you think protects a deed restriction? It is an agreement formed at the time of sale. It continues on to any other sale. It can't get any more simple than that.


No, when you sell real estate/land/etc. you actually sign paperwork. EULA != paperwork. You do not sign anything when you buy most forms of software. That is one clear difference between these, something that should be ridiculously obvious. Secondly, real estate/land/etc. are not shelf products, something that should be just as obvious.

Reply Parent Score: 3

Soulbender Member since:
2005-08-18

A legal agreement that extends beyond the sale


And pray tell, do these deeds often prohibit you from selling the real estate that you own? No? Didn't think so.
Even if it did it's irrelevant though. Deeds are contracts entered into by two parties and no contracts exist when you purchase consumer shelf products. (No, EULAs are not contracts).

Reply Parent Score: 3