Definitely a step in the right direction. There's going to be problems for serial upgraders though...
It would seem that MS are trying to reduce the price of their offering, which is great. However, this will be at the expense of serial upgraders who buy legit software. I guess they are trying 2 approaches here:
1. Lowering the cost so that more users take up their product.
2. Charging those who buy their software for each machine it's installed on.
This has the potential to rile the hardware enthusiast market... I guess only time will tell...
Licence agreements are contracts, which fall within civil law (in England). Copyright is a possession, hence the term 'Intellectual Property.'
You can indeed be sued for breaching a licence agreement. However, just writing stuff in a contract does not make it lawful. For instance, any clause which seeks to limit duty of care would not be lawful (in England). Only courts can decide what may or may not be legal. The ECJ having recently clarified that a particular term in an Oracle contract was not lawful.
Yes, but ownership of a DVD you are licensed to watch in private, does not make it lawful for you to show it in public.That's why it's legal to resale books, DVDs, games, software, etc. irrespective of license terms to the contrary.
As far as I can see, the ECJ ruling clarifies that someone who buys a digital copy owns that copy, just as surely as if it were physical media. It does not appear to mention whether you might lawfully transfer a copy, sold on the understanding it will be locked to one piece of hardware, to a different piece of hardware. You might sell the hardware with the copy installed and that would, in view of the ECJ ruling, appear to be legal. Installing onto a second device could be seen as making a further copy, which probably is not legal.
Its not the total removal of support, its the removal of the free 90 days support that comes with retail copies.
You'll still be left with updates, the knowledge base, the Microsoft run forums and the pleasure of possibly paying £250 for them to not fix your problem on the phone.
What exactly are you arguing? Since apparently you accept that you can be sued for breaching a license agreement, and I'm left rather lost by your seemingly irrelevant statements! - "License conditions are not law" - maybe not, but a breach of contract, i.e. breach of license conditions, can be pursued by civil court?!You can indeed be sued for breaching a licence agreement. However, just writing stuff in a contract does not make it lawful. For instance, any clause which seeks to limit duty of care would not be lawful (in England). Only courts can decide what may or may not be legal. The ECJ having recently clarified that a particular term in an Oracle contract was not lawful.
I disagree with your interpretation. My reading is, the case was concerned with the right to distribute a copy of the software when the license to use it is transferred. Where physical media is concerned, the rights owner's interest in the media is exhausted on first sale. The situation with regard to downloaded digital media was unclear. Oracle were claiming that buyers of used Oracle licenses had no right to acquire the media (outside a support contract with Oracle). The ECJ pointed out the license agreement was useless without the media and so disagreed. It will be interesting to see how the industry reacts to the judgement.Nope, the prior Oracle ruling that licenses are transferable property,
That would appear to be where we are headed but I do not agree we are there yet. The ECJ ruling is one small step towards consumer software product purchases becoming the sales contracts they (probably) are, rather than the licensing agreements software vendors would prefer them to be. In some ways, Microsoft dumping retail would be a step along the same road.For all intents and purposes, the ruling is a European 'first-sale doctrine' for the 21st century.
Thank god for the Action Pack is all I can say, although I've probably jinxed that now.
I hope they do drop the Retail, though its annoying telling people you also have to buy a £5 mouse if you want OEM.
Last edited by AGTDenton; 17-07-2012 at 05:39 PM.
Originally Posted by Jason Brody
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