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Originally Posted by Fastolfe
What a crock. It's the same BS software makers have been trying to implant into people's heads since the seventies - that you don't "own" your copy of the book/software/computer file, you have it on lease.
It's quite simple really: either you own something, in which case your right to use it, store it, lend it and resell it is inalienable, or you don't and the loan you have is revokable by the rightful owner.
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And there we have the argument, do you own it or not? Yes, you "pay" for the physical media the "data" is on, yes, you "pay" for the license that gives you the right to use said "data". Can you "resell" the license? Sure, if you remove all traces of it from your system and not keep any copies. Can you purchase the "data" and then resell it multiple times making a profit off it? Nope, that is "piracy". What you've purchased is a license to use of one copy and generally one copy for archival backup.
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I think it's pretty clear that, once you bought an ebook, or a piece of software, it's inacceptable that a third party can deprive you of what you bought unilaterally. If you don't accept this, then you obviously demand to own the ebook/software.
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Agreed. (surprised?)
A "third" party should not deprive you of said "license". They can however decide they will no longer carry the "data" on their company owned equipment. Does that constitute "breach of contract"? Possibly; that's for wiser heads than mine to decide.
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I think you'll find most people who buy an ebook/software consider they own their copy. They don't think they shelled out their hard-owned cash to rent the data. Software vendors are so keenly aware of people's deep dislike of that preposterous business model that they never really pushed the issue in court. They know that if they did, people would be up in arms. Instead, they keep pretending people accept the idea, and in return, people tolerate and disregard the outrageous conditions founds in EULAs as long as they're not enforced.
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Again I agree. But however, EULA's DO exist, and for good reason. If there is one on the website or installation and you choose "Agree", then you are accepting said EULA and therefore MUST abide by it, no matter how "preposterous" or "outrageous" you may find it.
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As far as I'm concerned, there is no such thing as a licensed ebook or piece of software: I paid for my copy, I own it, and I deny the seller the right to decide what I can do with it from the point of my purchase on.
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I beg to differ, but then again we both acknowledge that fact already.
Besides, the seller has no right to tell you what to do with the property in question as I stated before. That is the right of the I.P. owner.