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Re: TS4 For Sale



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It IS enforceable. Software has been sold this way for over 30 years. You buy 
only a right to use it, not anything else. This is the standard method of 
software sales of all kinds, whether you're buying a ten dollar PC license or 
a five million dollar enterprise-wide license. You can choose to ignore the 
agreement you made and the law, but that doesn't mean you are correct.


In a message dated 6/30/01 2:06:26 PM Pacific Daylight Time, wrwood@xxxxxxxxx 
writes:

> Will not belabor the point beyond this post, but some apparently believe
>  what they read in Omega literature is gospel.  The commercial world is full
>  of completely bogus contractual terms placed in various documents by 
vendors
>  to intimidate the buying public. Just because Omega says something in their
>  license agreement does not make it enforceable.  You buy a license for
>  Ts4/Ts2k; you do not lease it.  The seller cannot unreasonably restrict 
your
>  right to transfer the license.  A restriction which renders the product
>  valueless (if, for example, the original purchaser chooses to stop using 
it)
>  is unreasonable on its face.  I believe TS products can be sold privately
>  without liabitity to Omega.  I aint guaranteeing nothing Im just saying the
>  last thing in the world Im worried about is being sued by Omega if I decide
>  to sell Ts4 or Ts2k.
>  
>  Bill Wood
>  Phoenix, AZ
>  
>  -----Original Message-----
>  From: Sigstroker@xxxxxxx [mailto:Sigstroker@xxxxxxx]
>  Sent: Saturday, June 30, 2001 12:45 PM
>  To: omega-list@xxxxxxxxxx
>  Subject: Re: TS4 For Sale
>  
>  
>  No. You are the only person that can use it. Technically you cannot even
>  give
>  it away for free.
>  
>  
>  In a message dated 6/28/01 5:47:08 PM Pacific Daylight Time,
>  robert.cummings@xxxxxxxxxxxxxxxx writes:
>  
>  > Lease eh, well then just play on words like they do. Give TS4 away and
>  >  charge for shipping and handing. Legal then?
>  >
>  >  Robert
>  >
>  >
>  >
>  >
>  >
>  >  At 04:21 PM 6/28/01 -0600, Gary Fritz wrote:
>  >  > > As to the restriction in the license how can Omega unilaterally
>  >  > > restrict a licensee's right to sell the product he owns?
>  >  >
>  >  >Guess what.  You **DON'T** own the software you "bought."  Read
>  >  >through the fine print on just about any software you buy, and you'll
>  >  >find you have been granted a *lease*.  And since Omega (or whoever)
>  >  >still legally owns the software, they have the right to restrict who
>  >  >can use it.
>  >  >
>  >  > > Even if it was enforceable what would the damage to Omega
>  >  > > be from a private sale?
>  >  >
>  >  >For most software, not all THAT much.  Most people keep using the
>  >  >software they buy so the secondary market is relatively small.
>  >  >
>  >  >But IMHO Omega's business model has always revolved around a pump &
>  >  >dump strategy -- pump a bunch of newbies through the pipe, dump them
>  >  >when they crash & burn, and sell the product to a bunch of new
>  >  >newbies.
>  >  >
>  >  >If the crashing newbies (a very large percentage of Omega's buyers,
>  >  >I'd bet) sell their TS to other newbies, that removes a very large
>  >  >percentage of Omega's sales.
>  >  >
>  >  >Now that TSPro is going to a subscription model, Omega (TRAD) is
>  >  >finally going to be $$motivated$$ to keep their customers happy and
>  >  >successful.  But they still don't want people buying used copies of
>  >  >TS4 or TS2k -- they want them leasing TSPro.
>  >  >
>  >  >Gary
>