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Cool shit!! :D
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Amberience wrote:Its a bit of a pisser that you buy software LISCENCES... but if you were to lose your CD or break it, you'd be expected to buy another.

Corporate whores.
Agreed - I could maybe see charging a nominal fee to cover the cost of the media/shipping (a few $), but absolutely the vendor ought to do it at cost. If they refuse to supply a replacement disc to a legitimate *license* customer, that frankly ought to be illegal.

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fake wrote:Just checking a tickbox may be legal in the US but not here as it cannot affect your statutory rights. It is a retail sale and as such you are NOT buying a license, you are buying a product. That is why the UK Sale of Goods Act applies.
Hmmmm ... what does the UK Sale of Goods Act say about bootlegging? If I am buying a physical good (i.e. a cd with 1's and 0's on it, not a license to the software those number describe), then why shouldn't I make dupes of it and give it away to my friends? What about reverse engineering it and using it to make my own product? After all, I'm not stealing any cd's with 1's and 0's from the seller, right?

fake wrote:The problem with manufacturers selling goods direct is they then open themselve up to being sued. ie Microsoft. The contract is with the seller after all. If I buy from a store my contract is with them, I have to sue them. I am not allowed in law to sue the maker as I have no contract with them. It then follows that if I have no contract with them then the can't have one with me.

...

It is a very powerful act, and was designed to protect the consumer not the maker.
Eeeek - and this is supposed to protect consumers?? So if I buy a car from a local dealer, who then goes out of business, and the car has a serious defect (e.g. gas tank explodes), I have no recourse to go after the manufacturer of the car because I have no 'contract' with them?!? This makes little sense to me, software or physical goods ... or am I misunderstanding?

fake wrote:The case was then settled out of court. The guy was richer by £K and yet all he wanted was his money back.
I love it when anybody successfully sues M$ and wins. :-D :-D :-D


fake wrote:Gonna go for a few days. I now need to check out the Linux license agreements as I suspect there mabe some infringments there. Not sure whether it is legal to have people license stuff that is pre installed on a Linux PC. Must it all be open source?
You're making me question whether I ought to stay in the software business ... :-D Seriously, if one cannot have a reasonable licensing arrangement with one's customers (meaning fair in both directions), then what's the point? It's bad enough everyone in the world is pirating my stuff, but to make matters worse I have no ownership of my own intellectual property?

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dburgan wrote: It's bad enough everyone in the world is pirating my stuff
I hate hearing a dev say that.. :x

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sickle666 wrote:
dburgan wrote: It's bad enough everyone in the world is pirating my stuff
I hate hearing a dev say that.. :x
Yeah, I hate saying it. :evil: But it's true. And don't let anybody say that piracy doesn't affect sales, because mine dropped by 90% within 2 days of my product appearing for the first time on Torrent. And they still haven't recovered. I agree that big companies can be greedy muthas, but piracy hits the little guy even harder ... sigh ...

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Well, all I can say is alot of ppl here respect you & I know you have at least one registered customer :D

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Just a point to everyone, wich may be a bit off topic, but it's a gold rule:

software is not done by elves, is coded by ppl that need to eat, etc, the more developers get f**ked, the more crappier software we'll get, no matter wich laws or license agreements we're going agree or not.

Now let's continue discussing useless stuff.
"If I could just say a few words... then I'd be a public speaker" -- Homer Simpson

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sickle666 wrote:Well, all I can say is alot of ppl here respect you & I know you have at least one registered customer :D
Don't get me wrong - I've gotten NOTHING but great support from all the KvR people, and indeed everyone who has purchased the product. I'm very grateful for the success that I've had. And for everyone who has registered the product, all I can say is: thank you. I intentionally price my stuff to be within reach of everyone, which is how I think it ought to be.

It's just hard to not wonder, however, how many sales I would have had if it weren't for piracy. My experience strongly suggests it would have been a lot more ...

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dburgan wrote:It's just hard to not wonder, however, how many sales I would have had if it weren't for piracy. My experience strongly suggests it would have been a lot more ...
Ain't that the truth, my friend... :-(
'Tick

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A can of worms eh!

Pleas dont get me wrong either when saying any of the above. I have the greatest respect for Some developers and of course their need to protect their product. It is sad but it is an inherent problem with software that it can and will be pirated, cracked etc. Its a problem with the medium.
The manufacturers of burners and burning software should take most of the blame. On one hand we say that copying is wrong and on the other we have manufacturers that produce the products to allow you to do it in the first palce. Ask them if they care,
after all, a business is about profit.

It dont matter how you protect the software you must expect that some twat somewhere will crack it so this should form part of any business plan. Sad, but true. :cry:

To sell things on line would be safer as you can incorporate some agreements into a contract of sale. But it still does not affect you statutory rights. Read some EULA's. Most try to rob you of you rights straight away by saying they cannot be held liable etc. Wrong, they can! You may find a product saying "protected under US fedral laws". Great, but US laws are not universal and as I live in the UK the UK law applies.

A very early case, early 1900's, set a legal "precedent". A woman purchased a bottle of Coke to drink. Opend it, started drinking and noticed something in the bottle. It turned out to be a decomposed slug! Although under the law her contract was with the seller, the Judge ruled that the maker was liable. He was held negligent and had failed to ensure that the product was safe, free of contamination and could do no harm etc. So in the case of serious defects and safety the Maker can be sued, as in the petrol tank exploding. Manufacturers have statutory duties too.

Bootlegs are illegal, and should not be sold retail.
Copyright is the main law that most of this comes under. An infringment of copyright is common law in most countries and sueable and as Beatles vs Apple have just found out, it also gets dealt with in the UK courts!
I stress "The laws need urgently updating" as this is a very dark area in law and needs changing.

OK folks, that's enough from me. :D

"The consumer society and the law" is a good book to read and my friends book, I think was called "shopping and you're rights"

Sorry for hogging the thread! :oops:

fake
You cant beat people up then have them say "I love you"

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