• Who Owns Your Software?



        You're probably just a lowly licensee

        Ever since at least the Atari 2600, kids could make their allowance stretch further by reselling their video games. And when you moved up to flashier software, you had the option to pass along your old programs, so long as you deleted your copy.

        There have always been limits on what you can do with the software you bought, but many of those were scaled back far from their initial design. Nintendo wasn't too keen on the nascent game rental business, but we have Blockbuster and Gamefly. Computer companies were reluctant to let one person use the same software on both his desktop and laptop, but now all kinds of multi-user licenses are the norm. And there are parallels in the movie industry when you look at the history of the VCR.

        But even as changes in law used to consistently favor the consumer, in this new Internet-centric world, companies are fighting tooth-and-nail to keep a grip on their content . . . and they are winning.

        Today, the U.S. Ninth Circuit Court of Appeals unanimously vacated Vernor v. Autodesk, ruling that content providers like Microsoft and Adobe could include language preventing the consumer from reselling the software he purchased. According to today's decision, a consumer only licenses the software, so pretty much anything a company puts in a end-user license agreement flies.

        The "first sale" doctrine, which for more than a hundred years has recognized a user's right to resell a copyrighted work, was ruled inapplicable to "to a person who possesses a copy of the copyrighted work without owning it, such as a licensee."

        Of course, this is a major blow to businesses like eBay and GameStop, but even public libraries are in jeopardy.

        -
        Comments 13 Comments
        1. kedawa's Avatar
          kedawa -
          If I'm going to be in violation of the EULA anyway, I might as well just pirate that shit.
        1. Mzo's Avatar
          Mzo -
          I think a lot of people will take that stance, since it is so easy anyway.
        1. Diff-chan's Avatar
          Diff-chan -
          I buy way more games than I will ever play, so I guess that will change. The companies don't need my money.
        1. Razor Ramon's Avatar
          Razor Ramon -
          Pirate all day. I don't mind paying for software I use but when I'm fucked over at my end well fuck them harder.
        1. Josh's Avatar
          Josh -
          Agreed completely. Never pay for a shitty product.
        1. Calliander's Avatar
          Calliander -
          If I'm only licensing software, not owning it, then why am I paying my money for it? I guess this means we don't have to pay to license the software, then.
        1. kedawa's Avatar
          kedawa -
          You can't steal what can't be owned, which kind of invalidates the 'piracy is theft' propaganda.
        1. Geen's Avatar
          Geen -
          Nice to see everyone is pirate happy.
          So, by this logic, is it also okay to pirate movies while they're in the theater? After all, your ticket purchase isn't giving you any sort of ownership over it, why should you pay for it then?
        1. Josh's Avatar
          Josh -
          I don't think that argument works here. That being said, yes.
        1. Geen's Avatar
          Geen -
          Quote Originally Posted by Josh View Post
          I don't think that argument works here. That being said, yes.
          Haha. Very good. As long as we have a clear understanding that it is okay.
        1. Mzo's Avatar
          Mzo -
          If you make a good game, I'll buy it.

          If you start screwing me over for actually paying for it while the pirates get to play it hassle-free, then arrrr.

          Jabba the Valve said it best; don't put restrictions on paying customers, offer them a better product and support for the money.
        1. Compass's Avatar
          Compass -
          Quote Originally Posted by Mzo View Post
          Jabba the Valve
          Approved.
        1. Razor Ramon's Avatar
          Razor Ramon -
          You can own a movie on DVD. Stop being a dumb cunt.
      Games.com logo