Originally Posted by Wired
Google is barring anyone deemed worthy of a pair of its $1,500 Google Glass computer eyewear from selling or even loaning out the highly coveted gadget.
The company’s terms of service on the limited-edition wearable computer specifically states, “you may not resell, loan, transfer, or give your device to any other person. If you resell, loan, transfer, or give your device to any other person without Google’s authorization, Google reserves the right to deactivate the device, and neither you nor the unauthorized person using the device will be entitled to any refund, product support, or product warranty.”
Welcome to the New World, one in which companies are retaining control of their products even after consumers purchase them.
The tech world, including Google, won an approval-of-sorts to control its stream of commerce in 2010, when the 9th U.S. Circuit Court of Appeals said licensing language controls resales.
The case concerned a dispute about whether a California man could resell Autodesk software on eBay. Autodesk prevailed in a lawsuit, and the San Francisco-based appeals court pointed out that the shrink-wrap agreement between its customers forbade the resale of it.
The Software & Information Industry Association, whose members include Google, Adobe, McAfee, Oracle and dozens of others, urged the court to rule as it did. The Motion Picture Association of America also sided with Autodesk.