Quote:
Originally Posted by dmaul1114
As long as it's clear and up front consumers aren't losing any rights.
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That's the catch, isn't it. Retailers (either software or eBooks) like to present it to the customer as being a sale because that increases the value a customer sees and the price they can charge. They want you to believe you are buying the product when you hand over your money. Then, they also want to be able to bind you to terms via a licensing agreement.
The courts have essentially said "you can't have it both ways". You need to make it clear at the time of sale that this is a limited license and the customer does not own the product, or else your "license" terms will not hold. None of the eBook retailers I've seen do this. Terms in the fine print of an agreement claiming this is a license do not count, as far as the courts are concerned. If the shop makes the customer think they are buying the product, that is what counts. It's not illegal for them to put such terms in there, but they won't hold up.
Retailers can not make you think you own the product when you hand over your money, and then try to claim that you don't really own it afterwards because of the fine print of something you clicked on when you signed up for an account. This is what they are trying to do though.