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Offline Franko

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Re: Copyright continued...
« on: September 14, 2010, 09:50:20 AM »
Copyright seems to be a bit of a hot topic all over the net right now, pulled this image off a debate going on in facebook just now and got thrown of an adult chat site last night on believe it or not a debate on copyright !!! :roflmao:

 

Offline Franko

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Re: Copyright continued...
« Reply #1 on: September 14, 2010, 12:59:36 PM »
Quote from: gertsy;579216
In Australia there is a simple consumer law that states “a new product must be fit for the purpose for which it is sold”;  A broom must sweep, a car must drive, etc.
What if you buy a CAD software product for Win XP that no longer works on Windows 7.  Are you bound to stay on XP. Or do you have the right to expect the licensed product maintain its usefulness beyond the limitations of OS releases.
Legal precedents often come back to haunt those that use them.


“a new product must be fit for the purpose for which it is sold”, that law also applies here in the UK. I have used it many times in the past against products that were clearly not so.

If you return something to a store and quote this law most times the store will give you a refund or exchange the product. Those that don't and try to fob you off with it's not their policy, simply ask to speak to the manager or whoever is in charge take down their name and in the UK a quick call to Trading Standards soon changes their mind.

In many cases you are also given a discount or some monetary compensation as they know they were in the wrong and don't wish to lose a customer or have Trading Standards on their backs.
 

Offline Franko

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Re: Copyright continued...
« Reply #2 on: September 14, 2010, 01:32:01 PM »
Quote from: pwermonger;579225
This is not nearly a correct analogy since purchasing a meal, you dont purchase the plates and silverware. More correct would be, you buy a meal at a restaurant (analogous to purchase of software) and you turn and sell, or give away that meal to the person next to you who eats it. Restaurant (software company) still got paid therefore lost nothing, still gained the price set for the product and you did not sell anything that wasnt yours to do with as you pleased.


While I get the point of your analogy, the one flaw with it would be the restaurant could stop you from doing so on the grounds that giving your meal to another potential paying customer is harming his sales and business and he would be legally within his rights to stop you and even remove you from his premisses. :(
 

Offline Franko

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Re: Copyright continued...
« Reply #3 on: September 14, 2010, 04:44:39 PM »
Quote from: psxphill;579247
If software says it works on windows xp, then you can get a refund if it doesn't. If you buy it because you want to run it on windows 7, or upgrade from XP to 7 later then you don't have a legal standing. It was fit for the purpose that the seller sold it, whether it was fit for the purpose that the buyer bought it.
 
However most shops will allow you to return things, just because they don't want bad publicity. Especially if they are selling stuff that doesn't work & you go in when they are really busy and talk very loudly.
 
Eventually everything will be delivered digitally, you can't even make sure you get to keep that.
 
You have a choice of what you buy, but everything has a cost & someone has to pay.


@Piru
I've seen you use the term Strawman quite often, could you please explain what it means, it's not something we use this side of the pond... ta :)

@psxphill
Still can't see the points your trying to make, someone would have to be very dumb indeed if they bought software that clearly states it's for XP only and then tried to return it because the went up to windows 7 or whatever.

Also what this 'shrink wrapped license' you keep mentioning, I can honestly say I've never came across such a thing, care to enlighten me... :)

How on earth are they going to deliver my cornflakes digitally, or are Star Trek replicators available now, and if so where do I buy one or do I need a licence. :)
 

Offline Franko

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Re: Copyright continued...
« Reply #4 on: September 14, 2010, 04:53:35 PM »
Quote from: Piru;579293
Hmm I do? I don't recall. However, here goes: Fallacy Files: Straw man


Cheers Piru... that's cleared that one up... :)
 

Offline Franko

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Re: Copyright continued...
« Reply #5 on: September 15, 2010, 11:19:49 AM »
Quote from: Karlos;579334
If by "pond" you mean Atlantic, Piru is on the same geographic side as us. If you meant North Sea, then he's certainly on the other side and then some (tucked away behind Norway, Sweden and even more sea)...


No, I meant across the duck pond that I live in the middle of, I'm the the only one here and speak in a language that no one understands including me !!! :biglaugh:

Only joking... :) my medication hasn't kicked in yet... :crazy: