BiggDevo opened this issue on Mar 12, 2009 · 34 posts
WandW posted Mon, 23 March 2009 at 7:36 AM
Quote - Oh and PS: Legally that is incorrect. When you buy software or any relevant content for it, it is subject to the end user license agreement (EULA) which that website where you purchased has supplied. It would hold up in court.... by hitting I agree, you accept and agree to those terms upon installation.
In your particular case, you have even less rights.... you never bought it.
Curiously, in the Autodesk ruling I cited above, ( http://www.lawupdates.com/pdf/postings/copyright/Vernor_v._Autodesk,_Inc..pdf ) the Judge ruled that not only could the software be transfered regardless of what the EULA stated, but also that the EULA was probably not binding on the transferees, but only upon the original purchaser, which was (to me) a totally unexpected conclusion, and is probably why Autodesk settled (the Court did not rule on it definitively because it was outside the scope of the motion). This case does of course differ in that it involved physical Software disks.
I have to say that there was a bit of piling on-I tend to assume that most people are telling the truth when they describe a situation. I had posted an RDNA link above that had the preview in question, which I found via Google (along with some links to warez sites!). If he did indeed get it from a friend, any alleged EULA violation is a contract violation, and is thus a civil matter.
I'm not a Lawyer, and this is not intended as legal advice.
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The Wisdom of bagginsbill:
"Oh - the manual says that? I have never read the manual - this must be why."