In the recent discussions on permissions, I recall hearing about one or two cases of software with EULAs or TOSes that explicitly state that the person who paid money for the product was in fact not purchasing it, and that the manufacturer did, in fact, still own it and retained all rights to the software.
Anyone know of any examples of that?
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Moleculor Satyr
Fireflies!
Join date: 5 Jan 2004
Posts: 2,650
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10-21-2004 23:13
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Chip Midnight
ate my baby!
Join date: 1 May 2003
Posts: 10,231
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10-22-2004 00:43
I'm not sure of any software that's like that now, but back in the day (early 90's) high end animation software worked that way. Alias Wavefront cost something like 40k to license for a year and when your year was up it stopped working and you had to relicense it
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Siobhan Taylor
Nemesis
Join date: 13 Aug 2003
Posts: 5,476
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10-22-2004 02:27
In the recent discussions on permissions, I recall hearing about one or two cases of software with EULAs or TOSes that explicitly state that the person who paid money for the product was in fact not purchasing it, and that the manufacturer did, in fact, still own it and retained all rights to the software. Anyone know of any examples of that? Yep, MS Windows XP, if I remember correctly. _____________________
http://siobhantaylor.wordpress.com/
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Almarea Lumiere
Registered User
Join date: 6 May 2004
Posts: 258
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10-22-2004 18:32
Believe it or not, the very first IBM PCs were sold with such a license. It specifically said that IBM owned it and was leasing it to you, and disallowed reselling.
Didn't last very long. |
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Camille Serpentine
Eater of the Dead
Join date: 6 Oct 2003
Posts: 1,236
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10-22-2004 19:12
I thought most software by Microsoft was just a lease of their product - especially the operating systems?
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Aaron Levy
Medicated Lately?
Join date: 3 Jun 2004
Posts: 2,147
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10-22-2004 21:36
I would argue that most software today is still licensed this way. Read your EULAs.
Microsoft EULA for XP Home says this: 1. GRANT OF LICENSE. Microsoft grants you the following rights provided that you comply with all terms and conditions of this EULA: 1.1 Installation and use. You may install, use, access, display and run one copy of the Software on a single computer, such as a workstation, terminal or other device ("Workstation Computer"  . The Software may not be used by more than one processor at any one time on any single Workstation Computer.You are granted the RIGHT to "install, use, access, display and run one copy". You don't own it. 3. RESERVATION OF RIGHTS AND OWNERSHIP. Microsoft reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Microsoft or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. Again, you don't own it. They do. Getting away from Microsoft, let's look at the EULA for Roller Coaster Tycoon 3, coming out in less than 2 weeks: GRANT OF LICENSE The Software is licensed and not sold to you and its use is subject to this EULA. The Company grants you a limited, personal, non-exclusive license to use the Software in the manner described in the user documentation. The Company reserves all rights not expressly granted to you in this EULA. Even Skype doesn't give you the software, just licenses you to use it: 2.1 License. Subject to the terms of this Agreement, Skype hereby grants You a limited, personal, non-commercial (at home or at work), non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the Skype Software on Your computer or PDA, for the sole purpose of internet telephony applications and any other applications that may be explicitly provided by Skype. There is a lot of debate about EULA's. One woman is suing several companies because when you OPEN THE BOX of most software, you agree to the EULA... Problem with that is that you cannot read what you are agreeing to until you open the box, at which point you've already agreed to it BY opening the box. http://www.siliconvalley.com/mld/siliconvalley/news/5151944.htm _____________________
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Moleculor Satyr
Fireflies!
Join date: 5 Jan 2004
Posts: 2,650
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10-23-2004 00:29
Oh god, thank you everyone. I suspected it might be Microsoft's stuff, but wasn't sure, and needed another opinion.
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Djiket Nyak
Join date: 30 Sep 2004
Posts: 116
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10-23-2004 00:36
Microsoft EULA for XP Home says this: Quote: 1. GRANT OF LICENSE. Microsoft grants you the following rights provided that you comply with all terms and conditions of this EULA: 1.1 Installation and use. You may install, use, access, display and run one copy of the Software on a single computer, such as a workstation, terminal or other device ("Workstation Computer" . The Software may not be used by more than one processor at any one time on any single Workstation Computer. Ok, then what about the people who use Dual Processor motherboards? Think about that one..  |
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Nolan Nash
Frischer Frosch
Join date: 15 May 2003
Posts: 7,141
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10-23-2004 03:11
As far as I know, when you "purchase" most software you are in fact purchasing a license to use it, and you do not "own " a copy of it. In the extreme , some eulas state that hey can actually demand you return the software if they find you incompliant with their policies.
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Grim Lupis
Dark Wolf
Join date: 11 Jul 2003
Posts: 762
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10-27-2004 09:47
Ok, then what about the people who use Dual Processor motherboards? Think about that one.. All of Microsoft's software that is specially written to take advantage of multiple processes have special licensing requirements for running on multi-processor machines. Will Windows XP even use both processors in a multi-processor system? Just because the processor is there doesn't mean the OS will use it (or allow it to be used by other software, for that matter.) _____________________
Grim
"God only made a few perfect heads, the rest of them he put hair on." -- Unknown |
