What on earth is the deal with you reading Civ 4’s EULA and then getting all pitchforks-and-torches about it? Do you harangue the parking attendant over the similarly silly reservation of rights on the back of your ticket?[/quote]
There’s a pretty big difference between a reservation of rights (and exculpatory language) and a limitation on your rights to resell something that you bought.[/quote]
No there isn’t. I’ll bet most of those parking garages tell you you can’t re-sell your monthly or annual parking pass, that it’s only good for one specific car, etc. It’s unenforced and unenforceable and doesn’t make any real-world difference to anything or anyone. I can’t believe Jason is advertising for a new employee in EE while he has enough time to peruse the Civ 4 EULA, get outraged about it, and then quote from it extensively on this forum. Of course, I’ve now wasted four minutes posting about how dumb it is, so I’ll shut up now.[/quote]
I’m not sure what you’re trying to do, you took separate pieces of my response and tried to make them sound as if they were connected when they obviously weren’t. Talking about parking garages has nothing to do with whether there is a big difference between a reservation of rights and a limitation of your rights to resell something. That statement stands on its own.
Second, I do care if the parking garage has limitations on my ability to bring a new car into the slot; my entire point is that is just as ridiculous a position for the parking garage to take.
Your point of, “Well sure, they are drafting overbearing language that they might use to try to sue you, but I’m sure they’ll never do it,” is fairly over the top. I have a hard time buying why it is wrong to be upset when people try to gain the right to hump you over, even if it’s unlikely that they will ever use that right. I don’t like people or companies who try to chisel away at things using overbroad language under the guise of, “This is just to stop the badguys, we’d never use it against you.”
Finally, I think the parking garage analogy is pretty worthless in the sale of software context anyway. For one, it begs the question as to whether the sale of a software product is really a sale of a fungible good.