ECJ Rules TOS Terms Forbidding Resale of Licensed Software Invalid

Discussion in 'DIY Computers' started by Mad Ad, Jul 4, 2012.

  1. Mad Ad

    Mad Ad Guest

    I seem to remember a long time ago one of the regular u.a.c traders
    received a heavy handed visit from M$ regarding resale of XP COAs
    without the media and cost him a helluva lot, it now seems that such
    action was unwarranted and that the terms M$ relied on are invalid, at
    least in the EU.

    The cover article concerns game account licences since these are also
    included now but if you dig into the pdfs the case itself came from a
    challenge from resale of Oracle licences.

    When we had the original discussion(s) it was the first distribution
    rights that we stuck on, contract law provides this for actual goods but
    many companies were deciding that this was not applicable for accounts
    that are purely licensed entities. It is now.


    Article
    http://www.lo-ping.org/2012/07/03/eu-court-ruling-allows-for-re-sale-of-used-games-by-end-users-you/
    ECJ Release
    http://curia.europa.eu/jcms/upload/docs/application/pdf/2012-07/cp120094en.pdf
    Full Text
    http://curia.europa.eu/juris/documents.jsf?num=C-128/11
     
    Mad Ad, Jul 4, 2012
    #1
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  2. *slow handclap*

    Not at you, at the fact that it took so bloody long for this to happen.

    I was audited by MS last year. Weeks and weeks of tedious back and forth
    over software bought as far back as 20 years ago (try finding the invoices
    for that, after they've been moved to offsite storage then rained on
    repeatedly), only to tell me what I already knew.

    Best,

    FoW
     
    Frustrated of Wapping, Jul 5, 2012
    #2
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  3. Mad Ad

    Tired Guest

    Frustrated of Wapping wrote:
    :: "Mad Ad" wrote:
    ::
    ::: I seem to remember a long time ago one of the regular u.a.c traders
    ::: received a heavy handed visit from M$ regarding resale of XP COAs
    ::: without the media and cost him a helluva lot, it now seems that such
    ::: action was unwarranted and that the terms M$ relied on are invalid,
    ::: at least in the EU.
    ::
    :: *slow handclap*
    ::
    :: Not at you, at the fact that it took so bloody long for this to
    :: happen.
    ::
    :: I was audited by MS last year. Weeks and weeks of tedious back and
    :: forth over software bought as far back as 20 years ago (try finding
    :: the invoices for that, after they've been moved to offsite storage
    :: then rained on repeatedly), only to tell me what I already knew.
    ::
    :: Best,
    ::
    :: FoW

    Why would you let MS in your place of business? Surely a firm letter from
    your legal services telling them to go and fu*k themselves would have been
    better.

    If they had grounds to believe you were using unlicensed software then let
    them make a claim for damages and prove it.
     
    Tired, Jul 8, 2012
    #3
  4. Mad Ad

    Chronos Guest

    B73%!ur~>X:^[email protected]+VaMV>l\[email protected][x`#&AHSdl`m<-EEhk=1%t9iRthI|;~8)[email protected]}x5l:zhDO(.as
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    Cancel-Lock: sha1:KJsFiq01jAQcv0ECyEaLkuYM378=
    Bytes: 2477
    Xref: number.nntp.dca.giganews.com uk.comp.homebuilt:238550

    Because land sharks cost money, Millisoft have more of it than you
    do, licences are so convoluted that there's always something MS can
    find out of compliance if they really want to and it's better to just
    take it up the arse once than continue taking it for the rest of your
    miserable life after the soulless cretins have destroyed your
    livelihood.

    Or you could just have nothing to do with them, at which point the
    response to a request for an audit becomes "None of your software is in
    use here" which is the approach taken by Ernie Ball when Sterling got
    so fed up of the BSA[1] harassing his company that he decided the move
    was worth the hassle.

    [1] Bullshit Auditors
     
    Chronos, Jul 8, 2012
    #4
  5. Mad Ad

    Rob Morley Guest

    I love that story, but it doesn’t seem to have been repeated much (at
    all?) by other companies.
     
    Rob Morley, Jul 8, 2012
    #5
  6. Mad Ad

    Chronos Guest

    B73%!ur~>X:^[email protected]+VaMV>l\[email protected][x`#&AHSdl`m<-EEhk=1%t9iRthI|;~8)[email protected]}x5l:zhDO(.as
    NeO!\oL7huHfsoF'I5,0G+Yo[G-G"FG,l`QJ$IgwH/[\a]vRH^'=`;cY+*_{Or`
    Cancel-Lock: sha1:D1p5Y0s9yuySc3vIDrWhdrGPy3EBytes: 2379
    Xref: number.nntp.dca.giganews.com uk.comp.homebuilt:238553

    Well, no, because shortly after that McDonalds (IIRC? This is off the
    top of my head) attempted to replace SCO with Linux and got sued by Darl
    and his cronies. A *lot* of big corporations are still using proprietary
    Unix and would love to make the leap but are afraid of the land shark
    feeding frenzy it may create.

    It may surprise some people to find out just who is using open source,
    though. Also to remember is that Linux is not the be-all and end-all of
    the alternatives. There's also MacOS for the gooey Just Works[TM] users
    and the BSDs, Slowlaris and quite a few others for the rest of us.
     
    Chronos, Jul 8, 2012
    #6
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