04-21-2013, 07:53 AM | #46 | ||
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Graham |
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04-21-2013, 08:40 AM | #47 |
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I can see Google rightfully controlling who uses a beta version of a product.
It's a little like a non-disclosure agreement that you have to sign to even hear about a new product or idea sometimes. It's a special case and they presumably would not try to enforce these conditions once the product is widely released commercially. |
04-21-2013, 09:35 AM | #48 | ||||
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04-21-2013, 09:36 AM | #49 |
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One thing I don't think anybody's pointed out is that he was reportedly offered up to $90,000 for it. That's serious money-so serious in fact that I suspect there was a business purpose behind it. What business purpose could be served by getting one of these early models? I doubt if it would be anything good for Google.
I've seen a lot of this sort of stuff. People get freebies because they're special somehow-possibly just convention attendees, sometimes noted developers or reviewers. And then they sell their 'gifts'. Part of their argument is that it's a known practice & the company giving out the stuff doesn't care. Obviously Google does. The other part is that it was given to them so they're free to do what they want with it. What's ignored is that it was given for a purpose. A classic case of that is betrothal, breach of promise suits. Several courts have ruled that if a gift is given in anticipation of a promised result and the promised result isn't met then the gift must be returned. This isn't entirely parallel since the device was bought (which is the first time, BTW, that I've heard of people paying to participate in a beta test). But it's similar. |
04-21-2013, 09:48 AM | #50 | ||
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I quoted the explanation in post #41: Quote:
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04-21-2013, 10:24 AM | #51 |
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Sorry. That regardless of what is in the ToS earlier, Google allows that local laws regarding resale take precedence.
Whether or not this is legal, there's certainly a lot of reselling going on openly. There are 134 up for sale on eBay UK at the moment. Graham |
04-21-2013, 11:27 AM | #52 |
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04-21-2013, 11:42 AM | #53 |
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In addition to what has been said about "control over the beta test:"
I think it makes sense for Google to want their beta testers to stay the way they have been previously selected according to the test’s requirements. Whether that should lead to banning is another matter. And especially since Amazon, in whose Kindle platform I am invested, might do it, too, but I think that really also depends on the prospective earnings they could make off of you. If I bought one ninety-nine cent book in 2007 and had since been buying books, stripping them, returning and loading to my Kindle, I could imagine them banning me (especially if I didn't order anything else from them). If I did that with every one in ten books I bought (or maybe returned one in five books just because I wasn't interested) and bought some other stuff as well, they might not care at all... Likewise, if one of the well known tech journalists decided to sell his Glasses now, Google might probably still benefit more by not closing his account than doing... same goes for when the Glasses are finally mass-market... If I were using a couple of Google services, buying the occasional app in their app store, my account is much more valuable to them open than closed, even if I'm not a heavy spender... |
04-21-2013, 12:31 PM | #54 |
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04-21-2013, 02:27 PM | #55 | |
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The purpose of designating California law is so that countries or states that will apply it if designated in a contract do, in fact, apply it. Countries that don't recognize that sort of thing, well there's nothing you can do about that. |
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04-21-2013, 03:44 PM | #56 | |
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The way I look at it, companies don't enforce everything in their ToS. They just reserve the right to do things. But the fact is that the general ToS for devices do state that they are not made to be commercially resold. In a way, the terms for the Glasses are both less and more restrictive (and these are the ones that apply since they are device-specific), since they allow for device to be resold (with Google's authorization) but they don't allow sharing. It is possible that this is truly a device for personal use. As I understand it is voice activated. If there is a significant chance that the device crashes by itself when used by someone else other than the owner, the ToS can be Google's way of saying 'it was meant to do that'. |
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