Lawmakers Try Again To Make It Easier To Resell High-Tech Goods

[HardOCP News]

It's pretty damn sad that we even need something like this. Bonus points for working YODA into the name.

Under the YODA proposal, existing law would be amended to clarify that “first sale doctrine applies to any computer program that enables a machine or other product to operate,” meaning if you buy a phone, printer, computer, thermostat, TV, or whatever — you’re also buying the software that’s included.

 

[sir-gold]

How does this affect software that is "licensed for use" and not actually sold? Or are they saying that there is no such thing as "licensed for use" anymore?

("licensed for use" is the loophole that software companies have been exploting to block reselling, by saying that you haven't actually bought the software, you have only bought only a non-transferable license to use the software)

 

[rudedog]

would be nice if this covers software where you can return it when it'd defective (Think the latest round of games)

 

[Kynnath]

It would just need to change from "non-transferable" to "transferable". So you retain the right to sell the license (and stop having the license yourself).

And it would only apply to software that's required to run the device. Firmware, OS, etc.

 

[Bassmankr]

High Court rulings in both the USA and EU have basically proclamed software as a "Product" which carries the same consumer rights as any other product you buy. This in fact nullifies many TOS / EULA. Given the special legal protections the software industry bought in the early days is coming to an end (much like the Tobacco industry) you are seeing a major shift to subscription (software rental) where the industry can dictate a one sided liability free agreement and be within the framework of existing contract rental law (they won't lose in court with this approach). As with rental the consumer never owns the item and therefore does not have common consumer rights of buying a product. This proposed law may in fact be on the part of the software industry to limit liability by giving up resale rights (something the Courts already have determined resides within the consumer's power from purchasing a product) to retain the legal concept of licencing (a made up legal device for the software industry's benefit).

Follow the money (or campain donations) to see the real intent of legislation.

 

[lcpiper]

How does this affect software that is "licensed for use" and not actually sold? Or are they saying that there is no such thing as "licensed for use" anymore?

("licensed for use" is the loophole that software companies have been exploting to block reselling, by saying that you haven't actually bought the software, you have only bought only a non-transferable license to use the software)

Well, this law doesn't address software sales, it's aboubt selling electronic devices that have imbedded software and it's saying that software which is needed to make the device function is transferable with the sale of the device and licensing agreements can't restrict the sale etc. It's not about selling software like a word processor app or a game title.


What they are in fact saying is that the Licensing Agreements for Operating systems and Firmware can no longer have an impact on the transfer of the device.