Linux Journal: US Court says buyers can unbundle EULA-covered software.
Nov 27, 2001, 08:20 (11 Talkback[s])
(Other stories by Don Marti)
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"If you find yourself paying for bundled proprietary
software and don't actually install it, you can legally resell it
no matter what the End-User License Agreement (EULA) says. That's
what Judge Dean D. Pregerson wrote in his "Order Re: Application
For Preliminary Injunction" in the case of Softman v. Adobe."
We all like to see the authoritarian DMCA-mongering swine at
Adobe lose a case (free Dmitry!), but this one has implications for
everyone forced to buy copies of proprietary software they don't
want in order to get hardware they do.
Softman didn't make any copies, they just bought bundles of
Adobe software and resold the individual programs separately. Adobe
said that's not allowed because their sale of software to Softman
isn't really a sale, but a license. But the judge says if the
transaction has the form of a sale, it's a sale."