[Legal] boxes & licenses

[Michael Shigorin]

	Здравствуйте.
Мне кажется, интересный момент
(http://newsforge.com/article.pl?sid=03/03/12/1330253):

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Nasty tactics      
by Anonymous Reader on 2003.03.18 5:56 (#46443)
With most proprietary software sold in shops today, it is almost
impossible to review the license that covers the software.

You tend to find a message on the box like:

"If you do not agree to the enclosed license terms, immediatley
return this software to the retailer for a full refund."

But you can't do that can you?

Nine times out of ten the retailer will only give a refund on
software that has not been opened. This is quite logical as they
then have proof that you have not "pirated a copy".

How can you review to the license terms when they are hidden
inside the box on paper or as part of the process of installing
the software?

If you open the box and don't agree to the license then you can't
get a refund and the manufacturer of the software still gets your
money. So does the retailer. You walk out with them laughing and
throwing your money over thier heads.

These are the "pirates" not you!

It is understandable why the retailer has these restrictions, so
the fault must lie with the software manufacturer.

It is also understandable why the license can not be printed in
full on the box as it will take up too much space.

But there can be enough space to provide a summary of what you as
a user can and can't do with the software and a warning (not in
small print) telling the consumer to visit the provided URL to
review and print the full license terms before you even purchase
it.

If you do purchase it and you open it, don't agree, want a refund
then the manufacturer should give a refund as long as proof of
purchase is given.

What software uses these stupid tactics?

Microsoft tells you to get a refund if you don't agree to the
terms ENCLOSED in the packaging.

In fact almost all other proprietary software manufacturers use
these tactics.

Who dosn't?

After looking around PC World I found:

RedHat Linux 8.0 (personal,proffesional). On the bottom edge of
the box with the hardware requirements are several readable lines
of text along the lines of:

"To use this product you must agree to the licensing terms. To
review the licensing terms visit http://www.redhat.com/licenses"

NO need to buy RedHat and open the box to read the license.

SUSE 8.1 (personal,proffesional). Again, in clear writing it
says:

"You must agree to the licensing terms enclosed to use this
product. To see these terms visit http://www.suse.com"

Free Software [gnu.org] is aimed at respecting a users freedom to
be a usefull part of a sharing community. It certainley looks
like these principles are reflected on the packaging of
commercial GNU/Linux distributers.

I'll certainley be thinking twice if I ever consider buying a
license to be gratiously allowed to use a piece of proprietary
software that will never belong to me anyway! [gnu.org]

[ Reply to This | Parent ]

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 ---- WBR, Michael Shigorin <mike на altlinux.ru>
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