Forum: Poser - OFFICIAL


Subject: Interesting EULA-related court case

CyberStretch opened this issue on Sep 25, 2002 ยท 16 posts


KateTheShrew posted Thu, 26 September 2002 at 1:11 AM

Ok, I think someone missed something here. Softman wasn't distributing "code" they were taking bundled software packages apart and reselling the individual program disks. What everyone seems to forget here is that Adobe got their money from Softman when they originally purchased the bundled programs. What is upsetting Adobe, and what prompted them to file the lawsuit in the first place was that Softman was reselling the product as individual items for more than they paid for it as part of the bundle. I also agree with the judge's statement that Softman cannot be bound by the EULA because they never installed the software and therefore never agreed to the terms of the EULA. The same way that if I happen to get two copies of a software package for my birthday or Christmas, I can keep one, install it, use it, register it, etc. and I can give away or sell or do anything I darn well please with the other copy so long as I don't install it on my computer first (which, when you think about it, would be a rather stupid thing to do) and there's not a darn thing anyone on god's green earth can do about it. I can go down to any store that sells computer software, buy any program and then give it or sell it to anyone I darn well please as long as I've never installed it or registered it. After all, how would anyone even prove that I bought it? Especially if I paid cash? It's not like my name is on a receipt somewhere in some store's files. Kate (prepared to cheerfully ignore any and all flames aimed in her direction)