+100rod_zero wrote:Easy to bypass a law? Yes, you can go ahead and enforce your EULA, until some customer challenges you on court, then you will see if it is "easy" to bypass it.mutools wrote:
Hey i don't want to start a legal discussion here (we're musicians not lawyers right?!) but just want to tell you that even if that european ruling would be a real law, then i'm sure it's quite easy to bypass that, which is perfectly legal. So lets please focus on the essence.
I understand the user point of view. I hope you also understand this devs' point of view, cfr my earlier post. I think it should simply be the freedom of the dev. Of course it should be made clear somewhere on the product specs whether things are transferrable or not. That's user protection.
For good or bad we don't live in world where an EULA has precedence over national or international laws, sorry it's just the ways work in a democracy and you have to comply with those rules.
Just imagine how abusive it will be if all companies made ad hoc EULA for any products, imagine it in pharmaceuticals or professional equipment. In fact don't imagine just look around and see what banks do with mortgages and how many of those contracts content have been declared ilegal.
Yes I am taking the argument too far, and I don't believe developers are evil. Because of that I trust them and happily buy their products when their EULA doesn't go against the law, I hope the same in exchange.
EULAs should finally be regulated by law. One cannot put just anything there and expect it to be a binding contract. There should be equality on both sides and consumer's rights must be protected.
One good example is Apple's EULA regarding OS X - that you cannot install it on devices not bearing Apple's logo. I'm still surprised that this has not been challenged by the EU Commission. This kind of EULA is like saying: "You can have this apple but we are telling you exactly how to eat it and if you don't comply with our 'suggestions' then you're breaking the law...our law that is".
Software is a product. Just like a car, a book, or potatoes. You sell a product, get your money and that's it. Whatever the buyer does with it later is their business (as long as they don't infringe your intellectual property of course). Just like manufacturers cannot prohibit me from selling the car second hand the same should apply to every other type of business / product, including software.
I just hope that this will be regulated EU-wide at some point...this seems to be one of a few things that EU is actually useful for
