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  • Its not a blog just dont know how to post
  • I need Evolve Key please message me if you have one
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  • Things Nowak Says
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  • Anthony's Apartment
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  • Radeon HD 7770 GHz Edition w/ 300 W power supply?
  • I blogged
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  • shadakak's Blog
  • SSD and hard drive config?
  • Smokey Attempts: PC On The Wall (Drawer)
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  • zenithar's Blog
  • Toms' rants about Esports and CS:GO
  • Brother PC Build
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  • jmad2011's Blog
  • Child's Play
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  • Kavala Checkpoint
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  • † Tech Tips Christian Fellowship †
  • krishi's Blog
  • Where I post so I don't spam my statuses
  • Prastupok's Rants and Thoughts on life and computers.
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  • Cool idea for new office/super fun time
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  • help me remember
  • FloRolf's incredible Blog
  • murz's blog
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  • The Mechanical Experience
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  • Slim 24 Pro India
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  • Big Giveaway :D
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  • Big Giveaway :-))))))
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  • my mice issues
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  • Moving to the PC Master Race
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  • Need Help With GPU Choice
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  • Asus 24" VG248QE or BenQ XL2411Z
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  • realtek decide to block 7.1 software playback
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  • Used GTX 970 vs GTX 980, Which should I get?
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  • Taylor borie's Blog
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  • Recommendations for water cooling
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  • Elllie's Pooter blog with some sparkles and custard
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  • Help, Want to make my first Gaming PC
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  • Need completely over kill pc NOWWWW!!!!
  • first gaming pc build
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  • R4 Build #2
  • RAVE
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  • PC Spec help
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  • Please help me i'm building my first pc and I need good part's for 1,500
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  • Best 2011-v3 motherboard
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  • Should i buy this prebuild pc?
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  • Good price for selling a computer...
  • Tony Z's first pc
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  • Help me with my Stoomtrooper?
  • Need help with CPU bottleneck
  • My Dream PC
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  • A techy blog
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  • PSU Upgrade?
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  • one fault about amd GPUs
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  • A random PC thoughts blog
  • Systool Overclocking Infectious
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  • Motherboard & Case upgrade!
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  • Noob looking to upgrade
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  • New pc for under 750$
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  • Computer turns on but no display output...
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  • Noob Builder
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  • Windows on a laptop?
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  • B1tKru5h3r (My workstation)
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  • Xenift's BuildVille
  • TELL US YOUR PC SPECS
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  • MrUnknownEMC's Christmas Giveaway
  • shadowbyte
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  1. Note: This is my first news reporting thread. I apologize for the quote being off. Should note the main quote has two quotes within it (which is the further spaced parts). Also spellchecker decides to not function for no reason, so there might be some spelling errors. I also want to point out that this news is not super new, but it still feels recent. Summary Capture One is a photo editing program with some options to a subscription and an option for a full on license for the program. What's interesting about this is that someone apparently noticed a very interesting clause in the license agreement attempting to allow Capture One, without limitation, to request information regarding installation and/or use of the software, and/or to perform on-site investigations of your installations and use of the software. Quotes That’s normal enough, and merely reflects the power of copyright holders to impose “take it or leave it” conditions on users. Less common is the following: Capture One or a third-party designated by Capture One in its sole discretion has the right to verify your compliance with this License at any time upon request including without limitation to request information regarding your installation and/or use of the Software and/or to perform on-site investigations of your installation and use of the Software. If you use Capture One, you must provide “without limitation access to your premises, IT systems on which the Software is installed”, and “Capture One or an Auditor may decide in their sole discretion to apply software search tools in accordance with audits.” My thoughts There has been some debate as to whether or not a "EULA" (considered as part of contract law) is enforceable and can truly control what you have bought. I heard that contract law can limit rights, but I am not sure if this includes property rights, especially with the "not sold" part in EULAs for many physical products. I think the sole problem is contract law, as even the Copyright US office made this clear when it comes to the right to repair I think. Even if contract law cannot re-define copyright law (I even heard a court case somewhere that a breach of contract can still happen with software that's even in the public domain), it would still on itself be a problem if contract law itself can still be used to sue people for not obeying the "agreed" terms. I mainly wanted to spread this news to further debate this, because it seems a lot of people still don't much talk about things like this. If contract law cannot control property, and that the "not sale" claim cannot be enforceable if the software is defined as a good (which I heard was later on) by law then, then it would seem weird if it can be enforced, but at the same time it's hard to tell for sure personally, especially when so many people seem to act as if average EULAs are still an enforceable legal contract mainly in the US. In my moral argument, if I pay for something lawful once, and it's in the privacy of my own home with no date of return, then I should get the right to such product alone and I morally believe any clause limiting it should never be enforceable, even if I saw it before the sale. Sources https://walledculture.org/does-copyright-give-companies-the-right-to-search-your-home-and-computer/ https://www.techdirt.com/articles/20211110/23501647922/does-copyright-give-companies-right-to-search-your-home-computer.shtml
  2. Hello, I'm a bit new. Though, one reason why I wanted to make this account was to ask around about this with proper sources, as it was usually in the back of my mind when it comes to specific court cases such as the usedsoft vs. oracle ruling, and recently (after finding some info from here) one referring to the Australia ruling involving Steam. At some point I found a huge thread involving ownership and software, and heard at times that companies cannot truly revoke your 'license' to use lawful software you lawfully received. But I have a lot of trouble figuring out if this is true or not. There was for example an Australia ruling that I found through that thread referring to 'goods' provided by Steam and that customers who bought lawful software owns it. Though when I attempted to read the ruling, I have trouble with paragraph 143, through (especially 148) 155 I think, which confuses me, making wonder if any goods "purchased" from Steam has true unlimited access protected by law, or it was stating that the company taking the license away would make the use illegal. Could someone who's good at understanding this ruling explain this to me? Anyway, the main question is this: What if a license agreement in case it's enforceable were to say that such license is revocable at will, or anything else that leads to that? This makes me wonder if "unlimited use" or "perpetual" licenses can be conflicted with things like this. If such terms of the terms cannot be enforced, then I would really love many court examples provided making it clear for many of the countries (especially Europe, and Australia). A lot of people usually say that any "revocable at will" licenses can be revoked. I usually have this question for many forms of physical or digital software. Strangely, I for now care about physical products in case some countries could somehow enforce certain license agreements for them. I did heard in the US, and in at least one other country that shrink-wrap licenses can be enforceable sometimes. ________ I apologize if this is the wrong area to post this thread.
  3. Updated August 2020 Some of the bottom part of this post is a paste of a message I sent to Steam support following the seemingly-bullying actions of a Steam forum moderator who has been falsely telling people that Steam rents / leases games through their service and doesn't sell them, and who was intolerant of anybody telling them they're wrong. That moderator liked to do things like delete posts and lock any threads where people demonstrated otherwise. To be clear, that Steam Discussions moderator's assertion is wrong, and top courts covering a sizeable amount of the world's population have ruled that they're wrong, and Valve themselves have also explicitly stated that they sell, not rent or lease, games to those people who purchase them through their Steam service (I've included that information in the second-half of this post). So, here is... Software licenses and purchasing and owning software 101: A license is a right to use a property or intellectual property that belongs to somebody else. When you read "this software is licensed, not sold" in a software EULA, whether it's for an OS like Windows 10, a game, or an application, "this software" refers to the software Intellectual Property and not the copy of that intellectual property that you've purchased via a software license. Software licenses and the instances of a software's intellectual property that they represent are indeed and obviously sold. Both of the following phrases are simultaneously true: This software (IP) is licensed, not sold; This software (instance / license) is sold, not licensed or leased. All the mass-produced items you've bought, including your clothing, your vehicles, your TV, your computer hardware, are licensed instances of the intellectual property (IP) for those things. When you purchase any of those things, you aren't purchasing the intellectual property (IP) and so you don't become entitled to mass-produce, to control marketing, to receive profits from exploiting the brands of any of those things, and you don't gain any ownership of the patents for the patented technology in those things. But you are purchasing a one-off copy of the IP of those things, and upon the point of sale of the instances of those IPs there is a transfer of ownership over those instances and you become the sole owner of that instance of an IP. This is exactly the same with software as it is with physical goods - you own your non-reproduceable instance and have full property rights over it. In law, there are Goods and there are Services, and every thing you pay for is classified into one of these two categories. A service is a temporal and transient action (like a car wash, meal delivery, movie streaming) that may or may not deliver a good. A good, by definition, is an item and piece of property that undergoes a transfer of ownership upon its point of sale, from the seller to the buyer, granting the buyer full property rights over that purchased item, and removing all rights from the seller over the item which they sold. As of February 2020, there are 88 countries signatory to the Nice Agreement treaty. The Nice Agreement (called such because it was signed in Nice, France, in 1957), is a multinational treaty that contains the International Classification of Goods and Services (also known as the Nice Classification), and that treaty assigns the classification of goods and services for its signatory countries under the jurisdiction and authority of the World Intellectual Property Organization (WIPO). The World Intellectual Property Organization classifies all software as Class 9 goods. An elaborate look at what goods are under law is in this post. There are perpetual software licenses and there are subscription software licenses. A perpetual license is non-exhaustive, meaning that the right it grants is eternal, forever-lasting, and never expires. A subscription license is a duration-limited right to access a software or service. All the most common software including games, OSes, and programs are perpetual licenses. Some games that are sold via perpetual licenses, like MMOs, require an additional service subscription to use the base software with a publisher's own servers, with the software not being functional on its own due to the servers handling the game world's AI and other systems. Steam itself is a subscription service, but the games sold through Steam are perpetual licensed software and goods.The Steam service is used to purchase and deliver goods. A perpetual license is a good and a product, and whenever a perpetual license is sold it undergoes transfer of ownership upon the point of sale. Whoever owns a perpetual license owns the instance of software it grants a right to use the intellectual property (IP) of. After the transfer of ownership of a perpetual licensed software, the seller of the license no longer holds any rightful say over anything regarding that non-reproduceable instance of software represented by its perpetual license. This legal fact is not always honoured by perpetual license software sellers (for example, Microsoft with Windows 10 automatic updates and data-harvesting) and it can take lawsuits to force software companies to comply with their legal and moral obligations and to respect the property of others and not violate that property, including software, system, and data property. EULAs are not laws but are subject to laws. And corporations do not possess law-making powers. Many EULAs are not written by legal experts but by people who just see the formats of previous EULAs and make assumptions from seeing those about what the nature of an EULA is, and then just copy and paste the terms they like the sound of from other EULAs. And many EULAs even from large companies like Microsoft (for example, the Windows 10 EULA) contain made-up and non legally-enforceable stuff in them. Considering that it is even unreasonable to expect people to read EULAs, there is a question of how could an EULA-based argument pass the "reasonable person" or "the man on the Clapham omnibus" legal tests. An EULA can often be nothing more than an extremely long-winded and self-aggrandizing equivalent of printing a © symbol, with the parts of it that reach beyond the meaning of a © symbol being invalid. EULAs are also used as a tool of manipulation to psychologically ward off potential challenges and to provoke the type of customer behaviour a publisher wishes there to be, by claiming, or, by phrasing things (without outright saying them) in a way that suggests publisher rights and powers beyond what actually exist. There are countless examples of this, but one very familiar one is "this software is licensed, not sold", which plays on the semantics of "software". An EULA and a Terms of Service (ToS) are not the same thing. An EULA purports to apply to a good you've purchased and own, to impose conditions on how you use your own property, and so is invalid. A Terms of Service applies to a service, owned by someone else, that you use via a subscription license or a free account, and so a ToS can be valid. Someone else isn't entitled to set terms for your usage of your own property, which is what an EULA tries to do. But they are entitled to set the terms over your usage of their own property, which is what a ToS aims to do. However, a ToS can still be invalid depending on what terms it claims. And if a ToS tries to add in conditions about your usage of your own property, such as software you've purchased or perhaps modification of your hardware, then at least that part of it is invalid. Just as how some perpetual-license software might include a component that requires a subscription-license for its typical usage (as with some MMOs), a software good that you own might have an online component to which a ToS applies for the sake of accessing 3rd-party servers, with those 3rd-party servers not being a part of your ownership of the base game software you purchased. Ownership over a thing is what establishes one's decision-making authority over the thing. To sell something is to relinquish it as one's property and to relinquish all of one's decision-making authority over that thing and to transfer decision-making authority over that thing to the person who bought the thing. Anything sold via a perpetual (meaning non-exhausting, eternal, lasting-forever) license is a product that becomes the sole possession of whoever purchases it, and upon its purchase all property rights including all decision-making authority transfer from the seller to the purchaser. And then the seller no longer has any rightful say over anything regarding that non-reproduceable instance of software represented by its perpetual license. The European Union's highest court, the Court of Justice, has ruled that software, whether sold via a license and whether physically or digitally-distributed, represents a good rather than a service, and that any purchaser of a perpetually-licensed software becomes the exclusive owner over that instance of the software, just as when they purchase any physical good. Most, if not all of the European Union's countries (including the UK) are also signatories to the Nice Agreement, making software in those countries goods. The EU Court of Justice has specifically ruled [archive link], "the copyright holder transfers the right of ownership of the copy of the computer program to his customer". In a 2016 Australian case regarding Valve's refund policy for Steam, Australia's High Court carefully examined whether computer games sold through Steam are goods (and therefore property and consumer rights apply to them) or services (and therefore no property or consumer rights apply to them), and concluded that they are fully goods, and that Valve doesn't merely sell a license to use the software, but in-fact sells the software itself, and that whoever buys a game from Steam becomes owner of the software that they purchased. Australia's High Court concluded: "Each of Valve’s challenges to the applicability of the Australian Consumer Law fails. The conflict of laws provisions in the Australian Consumer Law did not essentially carve out an exception for conduct by foreign corporations like Valve governed by a different contractual proper law. Valve supplied goods (which are defined as including computer software)." In Canada, pre-2019, the government of Canada declared as goods in its Goods and Services Manual (2018 edition), "all computer programs and software regardless of recording media or means of dissemination, that is, software recorded on magnetic media or downloaded from a remote computer network". Since June 2019, Canada has been another signatory to the Nice Agreement, putting its classification of goods and services under the administration of the World Intellectual Property Organization. As a good, software is therefore a private property that is sold and purchased, and which is owned by its purchasers. In 2016, Canada's Federal Court ruled [2] that software licenses are property that transfers to the purchaser at the time of purchase. About software ownership in the USA: I am giving this a section of its own because the US has a bit of a messy history on the topic of software ownership and because there's a lot of information about the US and this topic. A specific matter of software ownership has never gone to the USA's Supreme Court and it's likely that software publishers would prefer that it doesn't, because in all likeliness the verdict will be the same as it was in the EU and in Australia. Because this matter has never gone to the USA's Supreme Court and because regional court verdicts have conflicted with each other in their conclusions, it is baseless for anyone to claim that people in the USA don't own their purchased software. That said, there are plenty of other rulings in the US which give strong support to the view software ownership and rulings which seemingly shut down the main arguments against software ownership. In the USA, there have been some inconsistent lower court rulings on software licenses. But, they have not all been in agreement with each other and lower court rulings don't apply to all of the USA but only to the specific districts that the rulings were made in. Ninth Circuit rulings, for example, apply only to west-coast USA, representing around just 20% of the US' total population. The 2010 Ninth Circuit appeals court ruling that many people are familiar with didn't actually conclude that people within its jurisdiction don't own their software, but instead proposed a strange and extremely ambiguous litmus test for people to gauge whether they own a particular software item or not. That litmus test appears to me to based in ignorance of a lot of things, and so I think the Ninth Circuit appeals court was technically-illiterate in 2010 and had their ignorance and confusion exploited by the Autodesk lawyers who took the court for a ride in making them think a software license was some sort of new technology and mechanism that was outside of all existing precedence. But it wasn't. Also, the Ninth Circuit ruling was superseded by a 2013 ruling by the US Supreme Court and so is no more applicable. On March 19, 2013, the USA's Supreme Court ruled that people in the USA and elsewhere are entitled to resell their copyrighted goods, whether those goods are acquired from a domestic or foreign market, without needing the copyright-holder's permission, in accordance with the first-sale doctrine which states that a seller retains no decision-making authority over a product once they have sold it to someone else. The 2013 Supreme Court ruling supersedes the 2010 Autodesk vs Vernor ruling, as well as any other conflicting lower court ruling in the US. Therefore, any claim in an EULA that a license is non-transferable between people is deemed invalid in the USA just as it is in Europe. While giving the Supreme Court's reasoning for their judgment in the 2013 case, the judge specifically mentioned software as an example of something that the first-sale doctrine necessarily applies to: "A geographical interpretation would prevent the resale of, say, a car, without the permission of the holder of each copyright on each piece of copyrighted automobile software. Yet there is no reason to believe that foreign auto manufacturers regularly obtain this kind of permission from their software component suppliers, and Wiley did not indicate to the contrary when asked. See Tr. of Oral Arg. 29–30. Without that permission a foreign car owner could not sell his or her used car." And also: "For example, the Court observes that a car might be programmed with diverse forms of software, the copyrights to which might be owned by individuals or entities other than the manufacturer of the car. Ibid. Must a car owner, the Court asks, obtain permission from all of these various copyright owners before reselling her car?" Despite the confusion suggested by the US' lower court rulings on software, the US, likewise to Canada, Australia, New Zealand, the United Kingdom, Germany, Austria, France, and I think the rest of the Western world, is signatory to the Nice Agreement, which is a multinational treaty that contains the International Classification of Goods and Services (also known as the Nice Classification) which puts the classification of goods and services for those countries under the jurisdiction and authority of the World Intellectual Property Organization (WIPO). The World Intellectual Property Organization classifies all forms of software as Class 9 goods, including: 090829 - computer game software, downloadable 090670 - computer game software, recorded 090589 - computer operating programs, recorded 090658 - computer programs, downloadable 090373 - computer programs, recorded 090802 - computer screen saver software, recorded or downloadable 090717 - computer software applications, downloadable 090791 - computer software platforms, recorded or downloadable 090591 - computer software, recorded Correspondingly, the US Patent and Trademark Office also classifies all software as goods. So, in the US, people do definitively own their software. And, since software in the US are goods, this powerful 2017 US Supreme Court verdict in a case that was against printer company Lexmark might also apply to software, and could say something against a claimed authority of EULAs: "A patentee’s decision to sell a product exhausts all of its patent rights in that item, regardless of any restrictions the patentee purports to impose. As a result, even if the restrictions in Lexmark’s contracts with its customers were clear and enforceable under contract law, they do not entitle Lexmark to retain patent rights in an item that it has elected to sell. Pp. 5–13. (a) The Patent Act grants patentees the “right to exclude others from making, using, offering for sale, or selling [their] invention.” 35 U. S. C. §154(a). For over 160 years, the doctrine of patent exhaustion has imposed a limit on that right to exclude: When a patentee sells an item, that product “is no longer within the limits of the [patent] monopoly” and instead becomes the “private, individual property” of the purchaser." And: "Once a patentee sells an item, it has secured that reward, and the patent laws provide no basis for restraining the use and enjoyment of the product." For me, this raises important questions about the Ninth Circuit Autodesk vs Vernor case and increases my impression that the judges of the Ninth Circuit court were simply outside of their of zone of comfort and familiarity when they made their ruling. The questions I have about that case are: Did WIPO simply not yet have software added to their goods classification at the time of the appeals case in 2009 and 2010? The Nice Agreement has existed since 1957, but the oldest WIPO classification document on their website is from 2013, and WIPO had already classified all forms of software as Class 9 goods by then. Or, was the topic of software ownership and digital technology in general at that time simply so foreign to courts and lawyers that they didn't realize this was already established in multinational treaties that the US is signatory to, and so and it just slipped by everyone's awareness? Whatever was the case, the Autodesk vs. Vernor case is clearly an anomaly and outdated following the 2013 US Supreme Court ruling. And I expect that if the information about the US' participation in the Nice Agreement and WIPOs classification of software had been available and known by at the time of the Autodesk vs Vernor appeals case, that the outcome of that appeals case would not have been in Autodesk's favour. Now, here is an edited-and-updated presentation of some excepted content from my message to Steam support proving that games are sold through Steam and not rented or leased, and that Valve has officially accepted in court that they sell games and that the games they sell are the owned property of those who purchase them through Steam, with all property rights for games sold through Steam belonging to Valve's customers and not Valve. -------------------- start of excerpt -------------------- Steam's Australian Consumer Rights Notice Disappears From Front Page, ACCC Investigates Here's the message that the Australian court has required Valve to display for 12 months following the loss of Valve's appeal of a ruling against the company concerning Valve's refund policy for Australians: And here's that message still on the Steam website (archived version). The message presented on Steam says “When you buy video games from Valve Corporation”, which clearly states that people buy games from Valve through Steam, which means that people don’t rent or lease those games - they buy and therefore own them. Here's the full verdict from the Australian court: http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2016/2016fca0196#_Ref445465996 The verdict carefully examines whether games sold through Steam are goods and concludes that the games sold through Steam are goods and not services, and that property laws apply to the goods (games) sold through Steam, and that the property rights rest with the purchaser of the games who is not Valve but is whichever of Steam's service subscribers have bought games through Steam. Here are some excerpts from the High Court's verdict: As a result of the Australian case's verdict, Valve has explicitly accepted and acknowledged on their website that games sold through Steam are goods (not services), AKA products to which property rights apply, and that Steam customers who purchase games through Steam are the sole owners of those games. The European Union's top court has also ruled on the matter for over half a billion people that software licenses are property and goods that are sold and therefore bought, and that property rights over the instances of software that software licenses represent therefore belong to the purchasers of those licenses: EU Top Court: When You Buy Software You Own It The EU court also verified that EULAs are not laws, but are subject to laws. If what a publisher writes in an EULA is unreasonable, it risks invalidating the entire EULA. EU highest court says software licence terms can be ignored EU Court Says, Yes, You Can Resell Your Software, Even If The Software Company Says You Can't European Court confirms the right to resell used software licences [archive link] Top EU court upholds right to resell downloaded software EU court rules resale of used software licenses is legal -- even online EU Court of Justice rules selling 'used' licenses for downloaded software is legal A German court has also ruled that games bought through Steam are the properties of those who purchased them through Steam – but has also ruled that Valve as a private company is not obligated to build into their system’s design facilitation for people to transfer their games out of their Steam accounts and into other people’s accounts for the purpose of reselling them. In 2019, a French court ruled [2] that Valve is violating the EUs law by not enabling people to resell their Steam games. This case is currently undergoing an appeal by Valve. -------------------- end of excerpt -------------------- I hope that all software owners become aware of the fact that they personally own the software they've purchased licenses for and that claims they do not are baseless and urban myth at best, and at worst are deliberate malicious disinformation and corporate propaganda. A lot of the abuses and software vandalism that software owners have experienced and are currently experiencing at the hands of publishers like Microsoft have only come about because software owners were ignorant and naive of the fact that they do own their software just like you own yours. So, if you want those publisher abuses to stop, then use this information to stamp out any misguided disinformation claims of people not owning their software anywhere you see such claims appearing. Here's an excellent video by Accursed Farms that's filled with meticulously-researched information and powerful arguments. It's well worth watching if this topic interests you: Related threads:
  4. See the more comprehensive detailing of this subject in this newer blog post: --------------------- original post --------------------- Software intellectual property is licensed and not sold, but software licenses and the instances of software they represent are sold and become the property of whoever buys them. While purchasing a software license does not give the purchaser ownership of the intellectual property of that software, a software license itself is a personal property, to which a nations' laws of property rights apply, which grants an instance of a software, which a person may operate how they wish. But that doesn't include interfering with online services which the software may work with, or distributing modified software, which is duplicating the software which a license grants an instance of. A software license's terms are as they were at the time the license was acquired. The acceptance of that license is a legal contract, governed by bartering laws, amongst others, and the license is a personal property, and one side cannot change the terms of that contract or the identity of the property, unilaterally. All this does not mean that software-license issuers necessarily present the situation as it is any more than a prosecutor in a court of law argues the defence's case for them - and there is a history of EULAs extending beyond reasonable and legally-defensible means, in efforts to concentrate all benefit and leverage on the side of the publisher of that license. That does not make such terms legal, and an EULA is only binding to the extent that it conforms to a nation's established laws. An EULA is not a law, itself. And sometimes it is nothing more than a software company's wet dream. If a publisher can produce the customer behaviour they want through suggestion and over-bearing claims of authority within their EULA, then sometimes that is what a software publisher goes for, despite it holding no legal merit, and despite an end-user not being bound in any way to such terms. An example could be: If Microsoft put forth terms claiming that a Windows license owner had no right to modify their Windows software, then that would be illegitimate, and non-binding upon Windows license owners - as property rights protect a property owner's right to make decisions regarding their own property (but not necessarily to distribute the modified instance of their property, and not to use that modified property with other services offered by the license issuer, such as online gaming). An example of property rights protecting license-holders' manipulation of their instance of the licensed item is films: This why there are fan edits of the original Star Wars trilogy that restore the films to their pre Special Edition versions, with those modifications publicized freely online, along with the names of the people doing it, and documentation of their processes to do it. LucasFilm / Disney would probably not endorse such projects, because they often end up being shared on torrent sites - but a person is fully protected in doing whatever they wish to their own property. A software company might take many liberties towards software-license owners, and I personally suspect that Microsoft is behaving well beyond its legal rights with the liberties it is taking towards people's Windows 7 / 8 OSes, and also regarding Windows 10's invasiveness of a person's PC. But so long as people don't decide to form a class-action lawsuit, Microsoft might feel entitled to continue abusing their position. Forcing a change of a person's OS, such as from Windows 7 to 10, could be taken as a violation of a person's personal property, which is the licensed instance of Windows installed on their PC. A person who owns a license for Windows 7 does not experience a change in their license terms just because MS decides to give Windows 10 licenses away for free (particularly through any means where Microsoft acts by liberty of advertising and installing Windows 10 on machines). If anything, they just gain an additional license.
  5. Updated August 2020 Some of the bottom part of this post is a paste of a message I sent to Steam support following the seemingly-bullying actions of a Steam forum moderator who has been falsely telling people that Steam rents / leases games through their service and doesn't sell them, and who was intolerant of anybody telling them they're wrong. That moderator liked to do things like delete posts and lock any threads where people demonstrated otherwise. To be clear, that Steam Discussions moderator's assertion is wrong, and top courts covering a sizeable amount of the world's population have ruled that they're wrong, and Valve themselves have also explicitly stated that they sell, not rent or lease, games to those people who purchase them through their Steam service (I've included that information in the second-half of this post). So, here is... Software licenses and purchasing and owning software 101: A license is a right to use a property or intellectual property that belongs to somebody else. When you read "this software is licensed, not sold" in a software EULA, whether it's for an OS like Windows 10, a game, or an application, "this software" refers to the software Intellectual Property and not the copy of that intellectual property that you've purchased via a software license. Software licenses and the instances of a software's intellectual property that they represent are indeed and obviously sold. Both of the following phrases are simultaneously true: This software (IP) is licensed, not sold; This software (instance / license) is sold, not licensed or leased. All the mass-produced items you've bought, including your clothing, your vehicles, your TV, your computer hardware, are licensed instances of the intellectual property (IP) for those things. When you purchase any of those things, you aren't purchasing the intellectual property (IP) and so you don't become entitled to mass-produce, to control marketing, to receive profits from exploiting the brands of any of those things, and you don't gain any ownership of the patents for the patented technology in those things. But you are purchasing a one-off copy of the IP of those things, and upon the point of sale of the instances of those IPs there is a transfer of ownership over those instances and you become the sole owner of that instance of that IP. This is exactly the same with software as it is with physical goods - you own your non-reproduceable instance and have full property rights over it. In law, there are Goods and there are Services, and every thing you pay for is classified into one of these two categories. A service is a temporal and transient action (like a car wash, meal delivery, movie streaming) that may or may not deliver a good. A good, by definition, is an item and piece of property that undergoes a transfer of ownership upon its point of sale, from the seller to the buyer, granting the buyer full property rights over that purchased item, and removing all rights from the seller over the item which they sold. As of February 2020, there are 88 countries signatory to the Nice Agreement treaty. The Nice Agreement (called such because it was signed in Nice, France, in 1957), is a multinational treaty that contains the International Classification of Goods and Services (also known as the Nice Classification), and that treaty assigns the classification of goods and services for its signatory countries under the jurisdiction and authority of the World Intellectual Property Organization (WIPO). The World Intellectual Property Organization classifies all software as Class 9 goods. An elaborate look at what goods are under law is in this post. There are perpetual software licenses and there are subscription software licenses. A perpetual license is non-exhaustive, meaning that the right it grants is eternal, forever-lasting, and never expires. A subscription license is a duration-limited right to access a software or service. All the most common software including games, OSes, and programs are perpetual licenses. Some games that are sold via perpetual licenses, like MMOs, require an additional service subscription to use the base software with a publisher's own servers, with the software not being functional on its own due to the servers handling the game world's AI and other systems. Steam itself is a subscription service, but the games sold through Steam are perpetual licensed software and goods. The Steam service is used to purchase and deliver goods. A perpetual license is a good and a product, and whenever a perpetual license is sold it undergoes transfer of ownership upon the point of sale. Whoever owns a perpetual license owns the instance of software it grants a right to use the intellectual property (IP) of. After the transfer of ownership of a perpetual licensed software, the seller of the license no longer holds any rightful say over anything regarding that non-reproduceable instance of software represented by its perpetual license. This legal fact is not always honoured by perpetual license software sellers (for example, Microsoft with Windows 10 automatic updates and data-harvesting) and it can take lawsuits to force software companies to comply with their legal and moral obligations and to respect the property of others and not violate that property, including software, system, and data property. EULAs are not laws but are subject to laws. And corporations do not possess law-making powers. Many EULAs are not written by legal experts but by people who just see the formats of previous EULAs and make assumptions from seeing those about what the nature of an EULA is, and then just copy and paste the terms they like the sound of from other EULAs. And many EULAs even from large companies like Microsoft (for example, the Windows 10 EULA) contain made-up and non legally-enforceable stuff in them. Considering that it is even unreasonable to expect people to read EULAs, there is a question of how could an EULA-based argument pass the "reasonable person" or "the man on the Clapham omnibus" legal tests. An EULA can often be nothing more than an extremely long-winded and self-aggrandizing equivalent of printing a © symbol, with the parts of it that reach beyond the meaning of a © symbol being invalid. EULAs are also used as a tool of manipulation to psychologically ward off potential challenges and to provoke the type of customer behaviour a publisher wishes there to be, by claiming, or, by phrasing things (without outright saying them) in a way that suggests publisher rights and powers beyond what actually exist. There are countless examples of this, but one very familiar one is "this software is licensed, not sold", which plays on the semantics of "software". An EULA and a Terms of Service (ToS) are not the same thing. An EULA purports to apply to a good you've purchased and own, to impose conditions on how you use your own property, and so is invalid. A Terms of Service applies to a service, owned by someone else, that you use via a subscription license or a free account, and so a ToS can be valid. Someone else isn't entitled to set terms for your usage of your own property, which is what an EULA tries to do. But they are entitled to set the terms over your usage of their own property, which is what a ToS aims to do. However, a ToS can still be invalid depending on what terms it claims. And if a ToS tries to add in conditions about your usage of your own property, such as software you've purchased or perhaps modification of your hardware, then at least that part of it is invalid. Just as how some perpetual-license software might include a component that requires a subscription-license for its typical usage (as with some MMOs), a software good that you own might have an online component to which a ToS applies for the sake of accessing 3rd-party servers, with those 3rd-party servers not being a part of your ownership of the base game software you purchased. Ownership over a thing is what establishes one's decision-making authority over the thing. To sell something is to relinquish it as one's property and to relinquish all of one's decision-making authority over that thing and to transfer decision-making authority over that thing to the person who bought the thing. Anything sold via a perpetual (meaning non-exhausting, eternal, lasting-forever) license is a product that becomes the sole possession of whoever purchases it, and upon its purchase all property rights including all decision-making authority transfer from the seller to the purchaser. And then the seller no longer has any rightful say over anything regarding that non-reproduceable instance of software represented by its perpetual license. The European Union's highest court, the Court of Justice, has ruled that software, whether sold via a license and whether physically or digitally-distributed, represents a good rather than a service, and that any purchaser of a perpetually-licensed software becomes the exclusive owner over that instance of the software, just as when they purchase any physical good. Most, if not all of the European Union's countries (including the UK) are also signatories to the Nice Agreement, making software in those countries goods. The EU Court of Justice has specifically ruled [archive link], "the copyright holder transfers the right of ownership of the copy of the computer program to his customer". In a 2016 Australian case regarding Valve's refund policy for Steam, Australia's High Court carefully examined whether computer games sold through Steam are goods (and therefore property and consumer rights apply to them) or services (and therefore no property or consumer rights or apply to them), and concluded that they are fully goods, and that Valve doesn't merely sell a license to use the software, but in-fact sells the software itself, and that whoever buys a game from Steam becomes owner of the software that they purchased. Australia's High Court concluded: "Each of Valve’s challenges to the applicability of the Australian Consumer Law fails. The conflict of laws provisions in the Australian Consumer Law did not essentially carve out an exception for conduct by foreign corporations like Valve governed by a different contractual proper law. Valve supplied goods (which are defined as including computer software)." In Canada, pre-2019, the government of Canada declared as goods in its Goods and Services Manual (2018 edition), "all computer programs and software regardless of recording media or means of dissemination, that is, software recorded on magnetic media or downloaded from a remote computer network". Since June 2019, Canada has been another signatory to the Nice Agreement, putting its classification of goods and services under the administration of the World Intellectual Property Organization. As a good, software is therefore a private property that is sold and purchased, and which is owned by its purchasers. In 2016, Canada's Federal Court ruled [2] that software licenses are property that transfers to the purchaser at the time of purchase. About software ownership in the USA: I am giving this a section of its own because the US has a bit of a messy history on the topic of software ownership and because there's a lot of information about the US and this topic. A specific matter of software ownership has never gone to the USA's Supreme Court and it's likely that software publishers would prefer that it doesn't, because in all likeliness the verdict will be the same as it was in the EU and in Australia. Because this matter has never gone to the USA's Supreme Court and because regional court verdicts have conflicted with each other in their conclusions, it is baseless for anyone to claim that people in the USA don't own their purchased software. That said, there are plenty of other rulings in the US which give strong support to the view software ownership and rulings which seemingly shut down the main arguments against software ownership. In the USA, there have been some inconsistent lower court rulings on software licenses. But, they have not all been in agreement with each other and lower court rulings don't apply to all of the USA but only to the specific districts that the rulings were made in. Ninth Circuit rulings, for example, apply only to west-coast USA, representing around just 20% of the US' total population. The 2010 Ninth Circuit appeals court ruling that many people are familiar with didn't actually conclude that people within its jurisdiction don't own their software, but instead proposed a strange and extremely ambiguous litmus test for people to gauge whether they own a particular software item or not. That litmus test appears to me to based in ignorance of a lot of things, and so I think the Ninth Circuit appeals court was technically-illiterate in 2010 and had their ignorance and confusion exploited by the Autodesk lawyers who took the court for a ride in making them think a software license was some sort of new technology and mechanism that was outside of all existing precedence. But it wasn't. Also, the Ninth Circuit ruling was superseded by a 2013 ruling by the US Supreme Court and so is no more applicable. On March 19, 2013, the USA's Supreme Court ruled that people in the USA and elsewhere are entitled to resell their copyrighted goods, whether those goods are acquired from a domestic or foreign market, without needing the copyright-holder's permission, in accordance with the first-sale doctrine which states that a seller retains no decision-making authority over a product once they have sold it to someone else. The 2013 Supreme Court ruling supersedes the 2010 Autodesk vs Vernor ruling, as well as any other conflicting lower court ruling in the US. Therefore, any claim in an EULA that a license is non-transferable between people is deemed invalid in the USA just as it is in Europe. While giving the Supreme Court's reasoning for their judgment in the 2013 case, the judge specifically mentioned software as an example of something that the first-sale doctrine necessarily applies to: "A geographical interpretation would prevent the resale of, say, a car, without the permission of the holder of each copyright on each piece of copyrighted automobile software. Yet there is no reason to believe that foreign auto manufacturers regularly obtain this kind of permission from their software component suppliers, and Wiley did not indicate to the contrary when asked. See Tr. of Oral Arg. 29–30. Without that permission a foreign car owner could not sell his or her used car." And also: "For example, the Court observes that a car might be programmed with diverse forms of software, the copyrights to which might be owned by individuals or entities other than the manufacturer of the car. Ibid. Must a car owner, the Court asks, obtain permission from all of these various copyright owners before reselling her car?" Despite the confusion suggested by the US' lower court rulings on software, the US, likewise to Canada, Australia, New Zealand, the United Kingdom, Germany, Austria, France, and I think the rest of the Western world, is signatory to the Nice Agreement, which is a multinational treaty that contains the International Classification of Goods and Services (also known as the Nice Classification) which puts the classification of goods and services for those countries under the jurisdiction and authority of the World Intellectual Property Organization (WIPO). The World Intellectual Property Organization classifies all forms of software as Class 9 goods, including: 090829 - computer game software, downloadable 090670 - computer game software, recorded 090589 - computer operating programs, recorded 090658 - computer programs, downloadable 090373 - computer programs, recorded 090802 - computer screen saver software, recorded or downloadable 090717 - computer software applications, downloadable 090791 - computer software platforms, recorded or downloadable 090591 - computer software, recorded Correspondingly, the US Patent and Trademark Office also classifies all software as goods. So, in the US, people do definitively own their software. And, since software in the US are goods, this powerful 2017 US Supreme Court verdict against printer company Lexmark, which tried to control printers after selling them, might also apply to software and could say something against a claimed authority of EULAs, as the reasoning is perfectly analogous regarding items sold under copyright law: "A patentee’s decision to sell a product exhausts all of its patent rights in that item, regardless of any restrictions the patentee purports to impose. As a result, even if the restrictions in Lexmark’s contracts with its customers were clear and enforceable under contract law, they do not entitle Lexmark to retain patent rights in an item that it has elected to sell. Pp. 5–13. (a) The Patent Act grants patentees the “right to exclude others from making, using, offering for sale, or selling [their] invention.” 35 U. S. C. §154(a). For over 160 years, the doctrine of patent exhaustion has imposed a limit on that right to exclude: When a patentee sells an item, that product “is no longer within the limits of the [patent] monopoly” and instead becomes the “private, individual property” of the purchaser." And: "Once a patentee sells an item, it has secured that reward, and the patent laws provide no basis for restraining the use and enjoyment of the product." For me, this raises important questions about the Ninth Circuit Autodesk vs Vernor case and increases my impression that the judges of the Ninth Circuit court were simply outside of their of zone of comfort and familiarity when they made their ruling. The questions I have about that case are: Did WIPO simply not yet have software added to their goods classification at the time of the appeals case in 2009 and 2010? The Nice Agreement has existed since 1957, but the oldest WIPO classification document on their website is from 2013, and WIPO had already classified all forms of software as Class 9 goods by then. Or, was the topic of software ownership and digital technology in general at that time simply so foreign to courts and lawyers that they didn't realize this was already established in multinational treaties that the US is signatory to, and so and it just slipped by everyone's awareness? Whatever was the case, the Autodesk vs. Vernor case is clearly an anomaly and outdated following the 2013 US Supreme Court ruling. And I expect that if the information about the US' participation in the Nice Agreement and WIPOs classification of software had been available and known by at the time of the Autodesk vs Vernor appeals case, that the outcome of that appeals case would not have been in Autodesk's favour. Now, here is an edited-and-updated presentation of some excepted content from my message to Steam support proving that games are sold through Steam and not rented or leased, and that Valve has officially accepted in court that they sell games and that the games they sell are the owned property of those who purchase them through Steam, with all property rights for games sold through Steam belonging to Valve's customers and not Valve. -------------------- start of excerpt -------------------- Steam's Australian Consumer Rights Notice Disappears From Front Page, ACCC Investigates Here's the message that the Australian court has required Valve to display for 12 months following the loss of Valve's appeal of a ruling against the company concerning Valve's refund policy for Australians: And here's that message still on the Steam website (archived version). The message presented on Steam says “When you buy video games from Valve Corporation”, which clearly states that people buy games from Valve through Steam, which means that people don’t rent or lease those games - they buy and therefore own them. Here's the full verdict from the Australian court: http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2016/2016fca0196#_Ref445465996 The verdict carefully examines whether games sold through Steam are goods and concludes that the games sold through Steam are goods and not services, and that property laws apply to the goods (games) sold through Steam, and that the property rights rest with the purchaser of the games who is not Valve but is whichever of Steam's service subscribers have bought games through Steam. Here are some excerpts from the High Court's verdict: As a result of the Australian case's verdict, Valve has explicitly accepted and acknowledged on their website that games sold through Steam are goods (not services), AKA products to which property rights apply, and that Steam customers who purchase games through Steam are the sole owners of those games. The European Union's top court has also ruled on the matter for over half a billion people that software licenses are property and goods that are sold and therefore bought, and that property rights over the instances of software that software licenses represent therefore belong to the purchasers of those licenses: EU Top Court: When You Buy Software You Own It [archive link] The EU court also verified that EULAs are not laws, but are subject to laws. If what a publisher writes in an EULA is unreasonable, it risks invalidating the entire EULA. EU highest court says software licence terms can be ignored EU Court Says, Yes, You Can Resell Your Software, Even If The Software Company Says You Can't European Court confirms the right to resell used software licences [archive link] Top EU court upholds right to resell downloaded software EU court rules resale of used software licenses is legal -- even online EU Court of Justice rules selling 'used' licenses for downloaded software is legal A German court has also ruled that games bought through Steam are the properties of those who purchased them through Steam – but has also ruled that Valve as a private company is not obligated to build into their system’s design facilitation for people to transfer their games out of their Steam accounts and into other people’s accounts for the purpose of reselling them. In 2019, a French court ruled [2] that Valve is violating the EUs law by not enabling people to resell their Steam games. This case is currently undergoing an appeal by Valve. -------------------- end of excerpt -------------------- I hope that all software owners become aware of the fact that they personally own the software they've purchased licenses for and that claims they do not are baseless and urban myth at best, and at worst are deliberate malicious disinformation and corporate propaganda. A lot of the abuses and software vandalism that software owners have experienced and are currently experiencing at the hands of publishers like Microsoft have only come about because software owners were ignorant and naive of the fact that they do own their software just like you own yours. So, if you want those publisher abuses to stop, then use this information to stamp out any misguided disinformation claims of people not owning their software anywhere you see such claims appearing. Here's an excellent video by Accursed Farms that's filled with meticulously-researched information and powerful arguments. It's well worth watching if this topic interests you: Related threads:
  6. https://www.techpowerup.com/247028/intel-gags-customers-from-publishing-performance-impact-of-microcode-updates "The company has hence updated the license terms governing the microcode update distribution to explicitly forbid its users from publishing comparative "before/after" performance numbers of patched processors."
  7. I just read this news about nVidia prohibiting the use of GeForce GPUs in datacenter use. https://wccftech.com/nvidia-geforce-eula-prohibits-datacenter-blockchain-allowed/ Linus doesn't run a datacenter but is it personal use to have PCs built to earn money for the company using GeForce cards? Just a thought crossing my mind. Could someone clarify?
  8. Sources: https://account.mojang.com/terms#commercial Explaination: So basically mojang which is now owned by microsoft started sending out emails to everyone who owns minecraft server(s). The content of which is available here: https://www.spigotmc.org/threads/eula-dmca-requests-being-sent-out.125792/ What this means is that previously you could sell pay2win goods in the game and now they're enforcing a complete 180 and saying that is not allowed anymore Opinion: I could see why they would do this, that makes game more appealing to the audience as it is more fair, but starting it out right now is not the ideal situation as this change would reduce profits dramatically. For example if youtube issued that promotion on the videos is no longer tolerated and that you should only profit from ads instead, that would be a fairly similar situation. Makes video content more appealing to the user as there's no promotions on it, but hurts the content creator(s) incredibly. For those of you whom this is completely irrelevnt, I apologise for wasting your time with this but if you do find this relevant or know anyone else who does please do share it so that everyone is informed about this Feel free to leave your opinion at the bottom, I'm quite curious to see what people think of the situation here
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