Studio license for sale

j j at clsdesignassociates.com
Thu Apr 8 00:08:33 EDT 2004


> But seriously, thank you for the clarification.  It's probably useful 
> to know for US readers because the environment here in the States is 
> far more litigious and restrictive.  Your clarification will help 
> potential buyers here feel more comfortable with a license agreement 
> that opens by referring to itself as "non-transferrable" without also 
> mentioning that such a restriction doesn't apply in the EU.

It is also important to remember that the legality of such software 
license agreements (e.g., "non-transferable") has not yet been truly 
tested in U.S. courts.  Plenty of legal experts believe that such 
restrictive language would never stand, if brought before the 
judiciary.  After all, if you are buying "something"—even just the "use 
of something"—transfer of that "something" to a third party is within 
reason.  Many software companies rely on licensing agreements filled 
with intimidating legalese and threatening "legal" communications 
(e.g., "cease and desist" orders) to get what they want without having 
to actually stand before a judge.

J.



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