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It IS enforceable. Software has been sold this way for over 30 years. You buy
only a right to use it, not anything else. This is the standard method of
software sales of all kinds, whether you're buying a ten dollar PC license or
a five million dollar enterprise-wide license. You can choose to ignore the
agreement you made and the law, but that doesn't mean you are correct.
In a message dated 6/30/01 2:06:26 PM Pacific Daylight Time, wrwood@xxxxxxxxx
writes:
> 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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