Forum: Poser - OFFICIAL


Subject: A article of interest on EULAS

quixote opened this issue on Sep 17, 2002 ยท 50 posts


WiNC posted Wed, 09 October 2002 at 6:22 PM

geep: I dont think their EULA forbids you from selling your own stuff - infact they state in their EULA you can sell it. You just can't sell something that is going to be in compitation with Curious Labs Poser 5... now - there is another thread I started (trust me :P) that brings in to question "what is classed as competition" and can rendered art be classed as competition when the reason for the art is to produce a method of being able to do Poser 5 like art without owning Poser 5... (um - I think I confused myself on that :P) I think the EULA debate here should be more aimed over things like 1) Copying the CD for your own backup use 2) Selling your software if you don't want to continue using it 3) Illegal or unfair use of EULA which removes a consumers rights of fair trade 4) Replacement or refund of software which does not fulfil the specifications (ie - software creators have to finally accept that if they write shit code, they get it back) Right now software companies are able to 1) Create unfair EULA which can prevent you from using their product as you forsaw 2) Create misleading advirtising, and not have anything done to them about it 3) Create software which isn't stable, and can cause damage to your machine, and they don't have to do anything about it 4) Create software which doesn't work correctly, and they don't have to do anything about it 5) Can refuse to refund your product if you do not like it and it doesn't fulfil your expected specifications 6) Can include extra software on your computer to a) spy b) disable c) just sit there and use up memory - withing informing the end-user of including the software, or allow choice for the end-user to remove that software themselves (or not even install it) There are a number of other things software designers can do to your system which, right now, the end-user isn't protected against. Prime example... Kazaa and another one of those software products released a version of their software in which it would monitor and change the ID code which is used by some "shopping" websites so that they would get the credit for the sale, instead of the intended software/website which had the original link to the "shopping" site. This should be totally against the law, they are preventing the rightful people from getting 'credit' for the reference, and taking that credit themselves - which usually equals cash... But according to the EULA which comes with Kazaa - you are giving them rights to do this. So if any company complains, they can say, "It was the end-users choice". Those types of software should be illegal as it is - but that is a moral statement, not really a legal one :P Curious Labs - in present format - can close their doors tomorrow, and leave everyone with a piece of software which will be faulty, and unuseable because of the security code. The thing is, there is nothing legal the end-user can do about it. I know - I have tried. When the creators of Calpyso went under I started a big campaign to get our money back. We had only had the software for almost 2 months, and their latest version which included all the bells and whistles we wanted was full of bugs... they closed their door, and suddenly that version was unuseable anymore anyway because you had to contact their homepage to get activation. They released a free version (which was cut down - removing things they sold off to other companies) but those of us who had paid for it lost out. Legally there was nothing we could do about it... illegally - there was :) I finally moved to Outlook 2000/Xp anyway - so it became a mot point, but the same thing can happen to others... and with present law - there is nothing we can do... Anyway - I think this is long enough, and I should start my business communciation assignment... Talk later... :) WiNC