Doesn't matter what you say, in most cases, selling software
is against the EULA, end of.
So only your opinion counts?
Being able to resell your own digital software is still a grey area, whether you like it or not. A company can write whatever it wants in the small print, but it cannot remove basic consumer rights without risking prosecution. That's why its a sticky wicket and not many companies would risk going to court.
“The 'good news' is that a court may invalidate boilerplate [the small print] if it finds a party lacked meaningful choice and the terms unreasonably favor the other, or if it violates an important public policy. Radin, however, contends that this does not happen often enough. In fact, she believes that because boilerplate terms aren't bargained over or consented to in any normal fashion, they aren't even contracts.”
From book: Boilerplate The Fine Print, Vanishing Rights, and the Rule of Law Margaret Jane Radin
Its also an ethical issue as only 1 in 14 buyers actually read the small print:
http://www.theguardian.com/money/2011/may/11/terms-conditions-small-print-big-problems
Therefore companies can expect to have the small print tested in court if it is deemed unreasonable.
The UK goverment is currently looking into ways of protecting consumer rights with digital products.
CONSUMER RIGHTS IN DIGITAL PRODUCTS - Professor Robert Bradgate Institute for Commercial Law Studies, University of Sheffield.
In 2009 the then UK government, in its White Paper, “A Better Deal for
Consumers” committed itself to a high level of consumer protection in relation to
digital products, undertaking to ensure that "the core principles of consumer
protection" apply to sales of digital products. Those core principles seem
reasonably to be identified as the implied terms contained in sections 12 to 15 of
the Sale of Goods Act 1979 and the corresponding provisions of other statutes
governing the supply of goods.
Sale of Goods Act 1979
Summary
The Sale of Goods Act 1979 provides four main protections for buyers:
1. The seller must have the right to sell the goods ( S.12)
2. Goods sold by description must correspond to the description (S.13)
3. Goods must be of satisfactory quality (s.14)
4. Goods sold by sample, the goods must correspond to the sample in quality (s.15)
There is also debate about whether a digital product can be licensed but not owned.
U.S. Court: Software is Owned, Not Licensed
http://www.tomsguide.com/us/AutoCAD-Autodesk-Court-License-Software,news-4806.html
So you were overcapitalised when you started, yet still listed software
for sale here for £250 only 4 months ago - do me a favour...
Again, Sherlock, great logical deduction, so you are saying that if you are selling your $1500 software you must be really poor or have stolen it?
anyone reading this can make up their own minds.
- well at least we can agree on that!
is against the EULA, end of.
So only your opinion counts?
Being able to resell your own digital software is still a grey area, whether you like it or not. A company can write whatever it wants in the small print, but it cannot remove basic consumer rights without risking prosecution. That's why its a sticky wicket and not many companies would risk going to court.
“The 'good news' is that a court may invalidate boilerplate [the small print] if it finds a party lacked meaningful choice and the terms unreasonably favor the other, or if it violates an important public policy. Radin, however, contends that this does not happen often enough. In fact, she believes that because boilerplate terms aren't bargained over or consented to in any normal fashion, they aren't even contracts.”
From book: Boilerplate The Fine Print, Vanishing Rights, and the Rule of Law Margaret Jane Radin
Its also an ethical issue as only 1 in 14 buyers actually read the small print:
http://www.theguardian.com/money/2011/may/11/terms-conditions-small-print-big-problems
Therefore companies can expect to have the small print tested in court if it is deemed unreasonable.
The UK goverment is currently looking into ways of protecting consumer rights with digital products.
CONSUMER RIGHTS IN DIGITAL PRODUCTS - Professor Robert Bradgate Institute for Commercial Law Studies, University of Sheffield.
In 2009 the then UK government, in its White Paper, “A Better Deal for
Consumers” committed itself to a high level of consumer protection in relation to
digital products, undertaking to ensure that "the core principles of consumer
protection" apply to sales of digital products. Those core principles seem
reasonably to be identified as the implied terms contained in sections 12 to 15 of
the Sale of Goods Act 1979 and the corresponding provisions of other statutes
governing the supply of goods.
Sale of Goods Act 1979
Summary
The Sale of Goods Act 1979 provides four main protections for buyers:
1. The seller must have the right to sell the goods ( S.12)
2. Goods sold by description must correspond to the description (S.13)
3. Goods must be of satisfactory quality (s.14)
4. Goods sold by sample, the goods must correspond to the sample in quality (s.15)
There is also debate about whether a digital product can be licensed but not owned.
U.S. Court: Software is Owned, Not Licensed
http://www.tomsguide.com/us/AutoCAD-Autodesk-Court-License-Software,news-4806.html
So you were overcapitalised when you started, yet still listed software
for sale here for £250 only 4 months ago - do me a favour...
Again, Sherlock, great logical deduction, so you are saying that if you are selling your $1500 software you must be really poor or have stolen it?
anyone reading this can make up their own minds.
- well at least we can agree on that!
