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I certainly understand your point, but 25-plus years of "custom and usage" have made it hard to argue convincingly that purchasers don't know there's a click-wr
by dctoedt 16y ago
I certainly understand your point, but 25-plus years of "custom and usage" have made it hard to argue convincingly that purchasers don't know there's a click-wrap EULA. [EDIT: Enforceability of the EULA is usually predicated on the purchaser's having a reasonable period, usually 10 days or so, in which to return the software and get a refund if the EULA's terms aren't acceptable.]
The danger of the "Sold, not leased" approach is that vendors likely would stop offering such steep discounts for upgrades. Getting an upgrade would be be like buying a car: You want the new model, you pay the new-model price; and sure, by all means do whatever you like with your old model.
- anigbrowl 16y agoAgreed - one can't really express a naive ignorance of such matters at the same time as profitably reselling software whose value depends on limited availability and high pricing. Of course, it might turn out to be a blessing in disguise; if manufacturers found customers indifferent to small upgrades at full price, they might release new versions less often but include more significant improvements than is usual at present.
- Zak 16y agoCar dealers usually take trade-ins. The upgrade model is essentially equivalent, but might need to be tweaked in a legal/technical sense. It would be more ethical than clickwrap agreements that could contain anything.