[Gllug] Getting Microsoft off a Dell purchase - anyone done this?

[Paul M]

On 09/07/06, Tethys <sta296 at astradyne.co.uk> wrote:
>
> Jason Clifford writes:
>

>
> Is this actually true? I mean, I know it's what the large software vendors
> want you to believe, but is there anything in UK law that governs how you
> may or may not use a particular item that you own? Copyright law controls
> duplication of that item. But which law says "even though you bought this
> item from me, you can't use it unless I give my permission"? Essentially,
> they're trying to claim that all software is leased, rather than sold,
> and that you're only buying the physical medium. But has this ever been
> tested in court?
>

But this is not being claimed. When you buy a piece of software with a
licence you are entering into a contract -- one that gives you certain
rights to use a piece of someone elses intellectual property. This is
already covered by Contract law, which is well established. There
aren't any restrictions on what you can do with the physical medium --
you are free to hang the CD in your garden as a bird scarer -- but you
are not buying the software. That would require acquiring the
copyright for the IP. What you are buying  is certain rights to use
it, which you didn't have before (subject to the terms of the contract
you entered into).

None of this is necessarily a bad thing -- the GPL works in exactly
the same way. (i'm giving you this software for free, but I still own
it, and you can only use (read distribute) it in the way I say).

Paul M


> Tet
> --
> Gllug mailing list  -  Gllug at gllug.org.uk
> http://lists.gllug.org.uk/mailman/listinfo/gllug
>
-- 
Gllug mailing list  -  Gllug at gllug.org.uk
http://lists.gllug.org.uk/mailman/listinfo/gllug