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April 22nd, 2018, 01:49 #31"I am a Canadian, free to speak without fear, free to worship in my own way, free to stand for what I think right, free to oppose what I believe wrong, or free to choose those who shall govern my country. This heritage of freedom I pledge to uphold for myself and all mankind."
- John Diefenbaker
RIP Canada, February 21, 2022
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April 22nd, 2018, 01:53 #32"I am a Canadian, free to speak without fear, free to worship in my own way, free to stand for what I think right, free to oppose what I believe wrong, or free to choose those who shall govern my country. This heritage of freedom I pledge to uphold for myself and all mankind."
- John Diefenbaker
RIP Canada, February 21, 2022
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April 22nd, 2018, 03:23 #33
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3-4 months? I took a break for a couple decades, did me a world of good.
DaveNo signature needed, please leave parcel on the porch.
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April 22nd, 2018, 03:25 #34
Do you have some citations? Would love to see how their regulations square with the US's. I don't doubt it... the EU seems more progressive when it comes to consumer protections (probably because few special interests appeal to every member equally.)
The US has some pretty lame regulations when it comes to privacy protection with few states stepping up to fill the gap... and you don't have to get many of us started on what's been done to net neutrality... heck, it's a fight to even be able to tell where our food is sourced. Consumer advocates and protections suck here and companies get away with a lot of ridiculous things in their EULAs.
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April 22nd, 2018, 05:24 #35
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https://www.destructoid.com/eu-court...d-230641.phtml
https://www.eurogamer.net/articles/2...wnloaded-games
The ruling means that gamers in European Union member states are free to sell their downloaded games, whether they're from Steam, Origin or another digital platform - no matter what End User License Agreement has been signed.
The exclusive right of distribution of a copy of a computer program covered by such a licence is exhausted on its first saleLast edited by shadzar; April 22nd, 2018 at 05:29.
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April 22nd, 2018, 06:25 #36
Supreme Deity
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True, but this forces companies to subscription models and upgrade fees in order to run a business.
Regards,
JPG
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April 22nd, 2018, 06:57 #37
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right, it forces companies to tell end-users they are only renting the software. which a lot of companies do anyway, so they can nickle-and-dime the consumer to death with micro-purchases and DLC.
or harkens back to days of yore like when computer software was actually sold in a store and the person owns the personal tangible property to install the purchased copy, and can then turn around and sell that personal tangible property to someone else which is even the right in NA under first-sale doctrine. However NA, or at least USA has not fully developed to include that first-sale doctrine to include non-tangible products such as EU has with...
By its judgment delivered today, the Court explains that the principle of exhaustion of the distribution right applies not only where the copyright holder markets copies of his software on a material medium (CD-ROM or DVD) but also where he distributes them by means of downloads from his website.
Where the copyright holder makes available to his customer a copy – tangible or intangible – and at the same time concludes, in return form payment of a fee, a licence agreement granting the customer the right to use that copy for an unlimited period, that rightholder sells the copy to the customer and thus exhausts his exclusive distribution right. Such a transaction involves a transfer of the right of ownership of the copy. Therefore, even if the licence agreement prohibits a further transfer, the rightholder can no longer oppose the resale of that copy.
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April 22nd, 2018, 07:41 #38
That's simply not true. You sell licenses for the software in the hope that your customers buy content to use with your software from your storefront. If I sell my license to another person, they will have at least as much likelihood of making additional content purchases from you. With the current growth in the number of people playing tabletop RPGs and the percentage of them relying on virtual tabletops to do so, every license in active use is likely to sell one or more other licences for you. I don't believe for a minute that the ability to sell a software licence threatens your ability to run a business, or forces you to use a subscription model.
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April 22nd, 2018, 07:58 #39
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April 22nd, 2018, 14:25 #40
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If you want software to be able to be resold like a physical book, then you have to accept the limitations of a physical book as well. That means no updates. The text in your physical book doesn't magically change if a new printing of the book is released with changes.
If you want software that is updated and maintained, you need to accept limitations on resale, or you need to accept either a subscription model or a new cost every time an update is released.
The EU courts want consumers to have the best of everything - ability to sell their licenses to others, and that the licensed software will continue to be updated in perpetuity. That ain't gonna happen - people don't like working for free.
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