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Will not belabor the point beyond this post, but some apparently believe
what they read in Omega literature is gospel. The commercial world is full
of completely bogus contractual terms placed in various documents by vendors
to intimidate the buying public. Just because Omega says something in their
license agreement does not make it enforceable. You buy a license for
Ts4/Ts2k; you do not lease it. The seller cannot unreasonably restrict your
right to transfer the license. A restriction which renders the product
valueless (if, for example, the original purchaser chooses to stop using it)
is unreasonable on its face. I believe TS products can be sold privately
without liabitity to Omega. I aint guaranteeing nothing Im just saying the
last thing in the world Im worried about is being sued by Omega if I decide
to sell Ts4 or Ts2k.
Bill Wood
Phoenix, AZ
-----Original Message-----
From: Sigstroker@xxxxxxx [mailto:Sigstroker@xxxxxxx]
Sent: Saturday, June 30, 2001 12:45 PM
To: omega-list@xxxxxxxxxx
Subject: Re: TS4 For Sale
No. You are the only person that can use it. Technically you cannot even
give
it away for free.
In a message dated 6/28/01 5:47:08 PM Pacific Daylight Time,
robert.cummings@xxxxxxxxxxxxxxxx writes:
> Lease eh, well then just play on words like they do. Give TS4 away and
> charge for shipping and handing. Legal then?
>
> Robert
>
>
>
>
>
> At 04:21 PM 6/28/01 -0600, Gary Fritz wrote:
> > > As to the restriction in the license how can Omega unilaterally
> > > restrict a licensee's right to sell the product he owns?
> >
> >Guess what. You **DON'T** own the software you "bought." Read
> >through the fine print on just about any software you buy, and you'll
> >find you have been granted a *lease*. And since Omega (or whoever)
> >still legally owns the software, they have the right to restrict who
> >can use it.
> >
> > > Even if it was enforceable what would the damage to Omega
> > > be from a private sale?
> >
> >For most software, not all THAT much. Most people keep using the
> >software they buy so the secondary market is relatively small.
> >
> >But IMHO Omega's business model has always revolved around a pump &
> >dump strategy -- pump a bunch of newbies through the pipe, dump them
> >when they crash & burn, and sell the product to a bunch of new
> >newbies.
> >
> >If the crashing newbies (a very large percentage of Omega's buyers,
> >I'd bet) sell their TS to other newbies, that removes a very large
> >percentage of Omega's sales.
> >
> >Now that TSPro is going to a subscription model, Omega (TRAD) is
> >finally going to be $$motivated$$ to keep their customers happy and
> >successful. But they still don't want people buying used copies of
> >TS4 or TS2k -- they want them leasing TSPro.
> >
> >Gary
>
>
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