Can you can you hear the Ebayers rejoice?!
sigpic courtesy of This Guy, original modified by me
[Edited in Wit] [ 02-12-2002: Message edited by: Skaw ]
Guess the Gov'ts making an EULA saying you don't own your business, just buying the liscense to use it.
Ruling: This is legal.
Consequence 1: No more cheap bundled software.
Consequence 1.5: No more software offered cheaper to students, etc., since you're now legally free to resell it at full price no matter what terms you bought it under.
Consequence 2: You'll pay full price for everything in the bundle and be forced to get a rebate by registering everything.
Consequence 3: More software will require online registration to function, preventing someone from passing on already-registered software.
As much as you hate EULAs, the simple fact that you could get around them with no technical effort was only because that the EULA carried legal weight and they could come after you if you abused it. Now that's not true, so they'll protect their software in other ways. This is a bad ruling. [ 02-12-2002: Message edited by: Drysart ]
quote:
Drysart had this to say about Duck Tales:
Horrible. Now that EULAs have less legal weight, software manufacturers are forced to use more intrusive ways of enforcing their intended use of the software.
I tend to agree with Drysart here.
I see both nastier things hidden away and an overall rise in software cost.
quote:
Drysart had this to say about Robocop:
Situation: Company was buying bundled software and reselling each individual piece for their full price, making a profit on it.Ruling: This is legal.
Consequence 1: No more cheap bundled software.
Consequence 1.5: No more software offered cheaper to students, etc., since you're now legally free to resell it at full price no matter what terms you bought it under.
Consequence 2: You'll pay full price for everything in the bundle and be forced to get a rebate by registering everything.
Consequence 3: More software will require online registration to function, preventing someone from passing on already-registered software.
As much as you hate EULAs, the simple fact that you could get around them with no technical effort was only because that the EULA carried legal weight and they could come after you if you abused it. Now that's not true, so they'll protect their software in other ways. This is a bad ruling.
Ah... makes sense.
Well... maybe now retail PCs will come with less crap preinstalled on them?
Illanae dances!
And, even if this survives appeal, I don't think this will have any effect on "Ebayers," if by Ebayers you mean folks who sell characters and equipment.
Stupid, stupid decision though. Thank God for the appeals process.
Thinking about your posts
(and billing you for it) since 2001
Lyinar Ka`Bael, Piney Fresh Druidess - Luclin
quote:
Kinanik had this to say about Optimus Prime:
Do you read your EULA?
Yes
9%
No
91%
After 2 years I still have yet to actually read that little bundle of text that appears when you start EQ 
I mean, it's not like an individual couldn't resell his bundled software "under the table" before. The only reason this change has been made is because some group or another felt they needed to profit en masse from these bundled editions.
If you attend, or ever had attended college, you know the books are expensive.
You may have even asked yourself, "Why are these books so goddamn expensive?"
Well, it's because of the resale market. Publishers have to beat the used book market, and they compensate by overcharging for thier new books.
If these books came with a resale-prohibiting EULA, this would have been avoided, and you'd be paying $50 or $60 for a book you're paying $120 for today.
quote:
Drysart wrote this then went back to looking for (_|_) porn:
This is a bad ruling.
Yep. If this ruling holds up, it's gonna suck big time.
quote:
Palador ChibiDragon had this to say about (_|_):
Yep. If this ruling holds up, it's gonna suck big time.
I'd imagine MS's legal department is gearing up to make sure this ruling gets overturned, as they stand to lose the most.
Sar...
quote:
Tier had this to say about Jimmy Carter:
From a very partial source!
U JUS A HATER!~
IMPARTIAL, BITCH! THERE IS NO BIAS!
You KNOW something's bad when Maradon, Drysart, and Lyinar all agree on it! 
quote:
Zephyer stumbled drunkenly to the keyboard and typed:
You KNOW something's bad when Maradon, Drysart, and Lyinar all agree on it!
Uh oh, did we unwittingly break the fourth seal of the apocolypse?
quote:
Razor stumbled drunkenly to the keyboard and typed:
I am 1 of the 11% who read it... I have found some interesting stuff before on some software. I found cheats to some game that way.
Yeah! I found that too! It was in the EULA for the original Aliens VS. Predator. 
But besides that, I have to agree that this is bad.
Meeeeeeemorieeeeees.....
how imbaised
quote:
The Otaku Penguin had this to say about Duck Tales:
Oh my, you actually used to have to do that?
Yeppers. Old computers came with little to no software. If you wanted to do something you programmed your own, or entered in a program from someone else's print out or from a magazine.
When I got Santa Paravia for the TRS-80 Model 1, you had to enter over 1000 lines of BASIC code.
quote:
And I was all like 'Oh yeah?' and Gydyon Waterlapper was all like:
I find it interesting that this kind of ruling goes through, but you can't sell candy marked Not for Individual Resale......
The only reason for that is that the packaging on the individual candy bags doesn't have all the information required by the FDA. If it did, or you were to somehow include it yourself, it'd be perfectly legal to resell those individual candy bags. It's part of the Doctrine of First Sale.
