3 ms·
> For purchased software there is a contract for the sale of the software subject to the license, but that shouldn’t be confused with the license itself. That
by qayxc 6y ago
> For purchased software there is a contract for the sale of the software subject to the license, but that shouldn’t be confused with the license itself.
That's simply not true. You are indeed making a contract for the sale of the license itself. Otherwise subscription models wouldn't work and would even be legally allowed to share and resell the software, which you aren't (i.e. just because it's possible to resell an acquired license while keeping a working copy, doesn't make it legal to do so).
- bdowling 6y agoI agree with you. My earlier point was that a license is not a contract, and shouldn’t be confused with one. My note at the end was that there is also a contract when you acquire a license through a purchase. The contract is typically of the form “you pay us money, we give you license”. That contract too shouldn't be confused with the license acquired. As you correctly point out, one who sells his only license to a piece of software no longer has a license. If he kept a copy of the software and continues to use it, he is committing an act of infringement. That is the same whether the license is for a term (subscription) or perpetual.