Gilad Ben-Yossef wrote:
IANAL, etc...
Shachar Shemesh wrote:
I'm willing to bet that the terms of the specific license prohibit re-selling it without the specific computer it was bought with, so it wont be legal anyway...
While I'm sure you are right, I don't see how a license can bind me when I neither installed the software nor pressed "I Agree" on an EULA.
If you did not agree to the liecnse then you have no right to distribute it (as in "selling").
I'm not distributing. I'm selling. I'm not making any copys, and therefor copyright law doesn't apply to me.
Until I did, it's just a simple software sale, and first sale should
> apply.
No, it does not. No one sold you the software - you were offered a license to use the software and distribute it (under specific terms) and rejected it. No "sale" took place.
How can someone claim that terms I never agreed to apply? If they offered me the terms on screen, they have some claim (which I do not agree with, but I see their point). This is not what happened here, however.
I made a business transaction. I payed money. In return, I got a little sticker, a CD, and (presumably) a license. The point in time any strings were supposed to be attached to that transaction was when the money changed hands. Anything else is like me trying to claim that a car I sold you a month ago must only be resold with my consent.
If I have never put the CD into the drive, never opened the case the CD came in, how can anyone claim I agreed to anything else than a simple sale of goods (which happen to be a license. So what?). It even says so on the sticker that prevents me from taking the CD out of it's case:
"By breaking this seal, you agree to the terms and conditions .....". Sure enough, I didn't break the seal.
That leaves me with copyright law, true. No different than a book, or a music CD. Common precedence says that no one can dictate what I do with the copy I bought, so long as I don't make extra copies.
The good news is that this exactly what happens in SCO vs. IBM in regard to the Linux kernel, btw :-)
No. There there was an explicit contract signed with ink. That moves the entire thing into contract land.
Shachar
-- Shachar Shemesh Lingnu Open Source Consulting ltd. http://www.lingnu.com/
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