Quote:
Originally Posted by riemann42
I just reread the above Terms for Fictionwise. They are effectively selling a license. They are selling the ability to download the file.
|
The EULA is written like a license, but the transaction doesn't act like one.
In the US, the biggest difference between a license and a sale is time: licenses are temporary; sales are permanent. If the customer gets to keep it forever, it's very very hard to prove in court that it was a "license." Also, the site says "ready to buy? Add to cart" not "ready to license?"--that (1) leans towards it legally being a purchase and (2) leans toward *deliberate fraud* if they want to claim it's legally a license.