You didn't purchase the software, you just thought you did. That isn't anyones fault but your own. It said it inside the box, like all the other software.
I thought I bought the plates because they put them in front of me and I paid them money. If I were in a plate shop and that happened then I would own them, in a restaraunt I don't.
I only know that because of education. Knowing that shrink wrapped licenses say you can't re-sell the software is another piece of education.
Anyone that has read my post can no longer claim that they don't agree with shrink wrapped licenses, because I've told you all about them. Education is great.
Actually, if I'm not mistaken shrink wrap licenses have been thrown out pretty much everywhere they've been contested since you can not be forced to agree to something ex post facto.
When I'm in Best Buy I take a box off a shelf, walk to a cash register and pay, then walk form the store with what I purchased in my hand which I now own and law says the company can not further restrict how I dispose of it after that initial sale. Sit down restaurant, I buy my food sitting at the table and am served by a waiter that food which I ordered from the menu. Now, take out food, is more analogous to my software purchase. There, lo and behold, I get my plates and utensils in the bag in my hand to take from the store and again the take out food establishment cant chase me in the street and stop me from selling it to someone on the corner if I wnat to.
They dont lose a sale. now, book publishers and record copanies tried to limit used sales with the idea that you bought the book or record and had use of it then were able to 'steal' a sale from them by selling it used to someone who might have bought it new. They didnt succeed. I can venture software companies will not succeed either though they are trying the same things, few learn from the past.
Now, in the case of business purchased licenses, there is a different animal, and likely what this court was deciding on. There, no one walked from a store with a box of software, CD and license to use as a physical item, with an expectation of ownership of what they purchased and the right to dispose of it when done with it how they see fit.
