b Distribute, lease, license, sell, rent or otherwise transfer or assign this Software, or any copies of this Software, without the express prior written consent of LICENSOR
(e) Copy the Software onto a hard drive or other storage device and must run the Software from the included CD-ROM (although the Software may automatically copy a portion of itself onto your hard drive during installation in order to run more efficiently)[/b]
Ok, so they’re going to sue you for selling it back to EB? They’re going to sue you for using imaging software on your licensed copy, so you don’t have to put the cd in?
What on earth is the deal with software lawyers?
Less insane, but still strange:
(b) You will not use or permit third parties to use the Software Utilities and the Customized Game Materials created by you for any commercial purposes, including but not limited to distributing, leasing, licensing, renting, selling, or otherwise exploiting, transferring or assigning the ownership of such Customized Game Materials
No more Doom-style “here’s a cd full of level” packs, I guess.
They’re going to sue you for using imaging software on your licensed copy, so you don’t have to put the cd in?
I guess the game does have some sort of copy protection, so creating some sort of copy/image is a violation of the DMCA in the first place anyway, isn’t it?
That hasn’t been the case for a while, has it?[/quote]
I thought the 3rd parties selling the doom map packs made with doom assets got in trouble. Has there been 3rd party map pack cds like that in a long, long time?
If we’re lucky, this will actually be taken to court, where it hopefully can be kicked soundly in the nuts by lawyers for someone like the EFF, and provide a clear precedent covering the fair use of software.
I wasn’t planning to sell my copy of Civ 4, but I am now! Well, at least once through with my addiction to playing it… ;-)
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?
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.
I’d be a little pissed if I bought a ticket for monthly use of a parking spot in a garage, and they told me I couldn’t park my new car in there because it wasn’t the car I had when I bought the ticket.
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]
I’m not, I just think it’s totally hilarious that they’ll put all this shit in there. It does nothing for them, but some suit really thinks this bullshit is enforceable.
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.
You could even interpret that as meaning that you’re not even allowed to distribute a custom map on a website if the site has so much as a banner ad.
Of course they’re not going to waste their time trying to stop that and they probably didn’t even intend to, but it’s that kind of silliness that makes it hard to take EULAs seriously.
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.
