Re: [PEDA] EULA
At 05:05 PM 11/19/2002, Mike Reagan wrote: But Altium is no way obligated to honor the sale or transfer of the software either Right. A software company would have a devil of a time trying to enforce copyright against a user who paid the original purchaser for a full transfer of the original user's rights. Users could not force the CAD company to honor, for example, upgrade rights, however, without going to court. It is unclear to me who would win such a contest, except maybe the lawyers. Definitely the CAD company would lose, overall, because it is sensitive to publicity -- or should be if it knows what is good for itself. Companies do not become successful by fighting in court against their customers, or even outside of court Now, given that the CAD company cannot effectively prohibit transfer (unless a true copyright violation takes place, not merely a violation of the user agreement as construed by the company), how is it going to deal with the new user who comes to it wanting to pay for upgrade? Is it going to say, no, you don't own that license, you will have to pay the full price of the new product, we will not accept your hefty upgrade fee? Is it really going to be so *stupid*? Software products have next to zero incremental costs. I think the full implications of this have not yet penetrated the MBAs and accountants who sometimes have too much power in a company * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * To post a message: mailto:[EMAIL PROTECTED] * * To leave this list visit: * http://www.techservinc.com/protelusers/leave.html * * Contact the list manager: * mailto:[EMAIL PROTECTED] * * Forum Guidelines Rules: * http://www.techservinc.com/protelusers/forumrules.html * * Browse or Search previous postings: * http://www.mail-archive.com/proteledaforum@techservinc.com * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Re: [PEDA] EULA
I agree with Ivan, I know in MD it would be difficult to enforce EULAs because the terms are not disclosed at the time of purchase, which is in violation of State Law. But Altium is no way obligated to honor the sale or transfer of the software either Mike Reagan EDSI - Original Message - From: Bagotronix Tech Support <[EMAIL PROTECTED]> To: Protel EDA Forum <[EMAIL PROTECTED]> Sent: Tuesday, November 19, 2002 4:29 PM Subject: Re: [PEDA] Fw: 2 of 2 [protel-users-resale] Protel 99se for sale? > Just remember that not everything that is written in a EULA is actually true > or legally enforceable. Much of EULA text is really just throwing stuff > against the wall and seeing what sticks. > > For it is written: Not all that is written is wisdom. ;-) > > A EULA is not a contract. A contract is something that is negotiated, and > signed by both parties. You didn't negotiate anything in a shrink-wrapped > software EULA, and you didn't sign it. Clicking on OK is not signing. > > I would think the doctrine of first sale should apply to software licenses, > even if Altium says it doesn't. > > Best regards, > Ivan Baggett > Bagotronix Inc. > website: www.bagotronix.com > > > - Original Message - > From: "Brad Velander" <[EMAIL PROTECTED]> > To: "'Protel EDA Forum'" <[EMAIL PROTECTED]> > Sent: Tuesday, November 19, 2002 3:52 PM > Subject: Re: [PEDA] Fw: 2 of 2 [protel-users-resale] Protel 99se for sale? > > > > Abd ul-Rahman, > > your comments are quite valid. However Altium is already refusing > > the transfer of licenses on Accel products. I know this because I tried to > > obtain permission to sell 3 Accel licenses recently. How long do you think > > that separate policies will be maintained? Therefore, caveat emptor! > > > > Sincerely, > > Brad Velander. > > > > Lead PCB Designer > > Norsat International Inc. > > Microwave Products > > Tel (604) 292-9089 (direct line) > > Fax (604) 292-9010 > > email: [EMAIL PROTECTED] > > http://www.norsat.com > > * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * To post a message: mailto:[EMAIL PROTECTED] * * To leave this list visit: * http://www.techservinc.com/protelusers/leave.html * * Contact the list manager: * mailto:[EMAIL PROTECTED] * * Forum Guidelines Rules: * http://www.techservinc.com/protelusers/forumrules.html * * Browse or Search previous postings: * http://www.mail-archive.com/proteledaforum@techservinc.com * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
