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Linux Journal: US Court says buyers can unbundle EULA-covered software.

Nov 27, 2001, 08:20 (11 Talkback[s])
(Other stories by Don Marti)

[ Thanks to Don Marti for this link. ]

"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."

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