Just because you don't agree, doesn't make it a straw man.
The shrink wrapped license says that you can't resell it, you know that the shrink wrapped license on every piece of software says it.
If you didn't already know, then I'm telling you now. Every piece of commercial software, says you cannot re-sell it.
Now you have no excuse.
The major reason why shrink wrapped licenses were not considered valid is because people claimed ignorance. Even going so far as to get a dog to open the package.
If you don't want to buy the software that says you can't re-sell it then don't buy it.
If you want to take the plates away with you, go to somewhere they give you paper plates.
They can put anything they want into licenses, even stuff they know they can't legally enforce. Even stuff that has legally struck down.
This entire dinner and diner analogy is backwards and irrelavent to this discussion.
A more appropriate one would be a publisher getting paid for every single person who read a particular book, or for every time said book was sold. Sorry you can't look at my book because we would have to pay the publisher an extra amount.
That obviously is nonsense. But publishers, both book and software want to get every penny they conceivably can from their product.
publishers have every right to compensation for their product and that happens at the original sale. they provide a product and support for the product and are fairly compensated.
put it another way. I'm the third owner of my ranger pickup. ford got money only on the original sale. It is the same pickup, they are still the OEM, the same effort both in design and production went into making my truck; but they don't get any more money.
Why because "We the people" said that is fair and that has been the practice for about a century. Software publishers want this all to be different becuase they can track who owns thier software and can charge for more.
