Quote:
Originally Posted by Shaggy
US courts have already ruled on this. They can not "pretend" that they are selling it, but really only renting/licensing it. If they say it's a sale, then it's a sale.
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If they treat it like a sale, it's a sale, regardless of what they call it. They can call it a "license," but if there's no return date/conditions, it's a sale. (I expect you know this, but other people might not.)
Licenses are limited-time contracts, either for a set period of time, or until a set condition occurs. ("When the Boston store opens, the trucks must be returned to us" or "you may use our software until our website starts taking subscriptions, at which point you'll need a reg code to continue.")
If there's no return condition, it's a sale, not a license. And that means the purchaser is free to resell it or give it away; sales can't include restrictions on use or ownership transfers.