Saturday, February 13, 2010
Online Software Reseller Battles Bogus Infringement Allegations
Electronic Frontier Foundation: "The Electronic Frontier Foundation (EFF), joined by a coalition of public interest, consumer, and library groups, urged a federal appeals court Thursday to preserve consumers' rights and the first sale doctrine in a battle over an Internet auction of used computer software."
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I think that right of first sale is going to emerge as one of the prime legal issues of the year. The question unfolds into: what are limitations on EULA's? We've heard of companies trying to use similar tactics in much more clear-cut cases, to prevent any use they don't like. Can somebody contractually take away my fair use rights? If I can only get a certain product by signing away those rights, at what point is it extortion? Will I not buy another book, just the right to read it (a non-transferable right, of course, so I can't lend it to a friend.) How about an apple? Will I not buy that apple, but rather the right to eat it ( using the seeds to plant another, of course would be strictly prohibited.) These are all scary situations, which aren't as out of line with what some companies are arguing. We've grown used to the fact that software is at least partially about licenses, but as that philosophy starts oozing into other sectors of economic life, I get more and more worried. If I buy a piece of software, I'd really like to own that copy. IFF I own that copy, I have the right to use it, lend it, burn it, or use it as a frisbee, just as I would with a book. If I don't own it than the manufacturer can tell me that my license is only to use it 8 hours a day, 5 days a week, and if someone is going to use my computer for the night shift, we'll have to buy another. The basic issue here is that it seems we have very few rights that can't be contractually negated, and the strong, monopoly-like status of many companies enables them to *force* us to enter into ridiculous contracts. As usual, it seems to me that the base problem is giant, profit-hungry companies, looking to extract as much value as they can from consumers. Again, the judicial and legislative systems need to exert a tiny bit of force in response, ensuring that there are some rights which corporations can't take away from humans.
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