heres my problem with EULA (as so was told by arrogant ***** at the Software Business Alliance, after they snatched my auction off ebay) You have to have the software installed or bundled on a
computer to sell it. I asked him WTF does that matter? Of course I got no logical response, as expected they make all the rules and have no reasons for it.
Actually isn't doesn't matter if it's installed or not in this case. The determining factor was rather or not the company that sold the software to Varnor had the ability to sell it to him and thus if he had any rights to dispose of it. He actually argued that he never installed it on his
computer and thus wasn't bound by the EULA as that was for people that installed and used the software. Unfortunately for him, the people that first bought it did indeed install and use it, but did not have the right to sell it to him from the get go, so he had no legitimate claim.
EDIT To Add: I just re-read this. What they told you wasn't exactly kosher as well. They said it had to be bundled or already installed on a
computer? That isn't right either. Most OEM sofware is only to be used with the
computer (or device) that it came with. Now if you sell the
computer (or device)with the software on it, that's different, but you can't piece meal and sell the software separate from the
computer (or the device).
You can't actually do that with Adobe software installed on a
computer either. You can,however, sell it to someone else if you go through the steps to transfer the license (you actually have to go and contact adobe to do this though, it's not just a simple transfer giving the item to a person) and it doesn't have to be bundled on a
computer. I honestly think you got someone that just didn't know what they were talking about.
I would think art is a little different than software in this comparison sir.
No it isn't. It's all about property and permission. Who has it, who needs it, who can give it. These are the same in that regard.
For something like this to go all the way to court is a waste of time and money, obviously Vernor didnt use his mouth to his advantage but instead chose to seek professional counseling. This is the same think that happened to me after my auction was snatched off. I called ebay and was led to the SBA and then confronted them, and confronted them and confronted more till I got some damn answers. Then relisted the item and it sold and then forwarded that to the ***** at SBA, of course nothing was done. If you are going to punish me have the decency to sit me down and tell me what I did and why I cant do that, dont read me a bunch of legal BS I cant understand and DO NOT ignore me
Chances are you got someone that really doesn't know and doesn't know how to counter what you are saying.
Now one thing that you have to consider when you take the stance of anti legal BS. It's the same line of reasoning that those troublesome customers that we all know and love can use to their advantage.