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I can't imagine why it would be "hotly contested" in the courts. Maybe the
people contesting it wish it were. It's open and shut - the buyer agrees to
it in the license. Software has been sold in this manner for as long as I can
remember. Long before PC's were even invented.
In a message dated 2/7/02 6:19:59 PM Pacific Standard Time,
TaoOfDow@xxxxxxxxxxxxxx writes:
> Dear Volker,
>
> The rights and obligations of a "purchaser" of TS from Omega are provided
in
> the
> Omega TS end-users agreement, which I believe characterizes the
transaction
> as a
> purchase of a license to use TS, which license is personal to that license
> purchaser. As a personal license, then, according to the agreement,
neither
> the
> license nor the underlying software is transferable to a third party. As
> you
> might imagine, this characterization is not what some purchasers of TS in
> particular, and of other software in general, thought they wer buying ---
> they
> thought that they were buying the software, and as buyers, thought that
they
> had
> the right to do what they wanted with it, including not only selling it to
> third
> parties but also having the original purchasers rights to receive ongoing
> upgrades and technical support be transferable to third-party purchasers,
> none
> of which, I understand, Omega is willing to recognize. In any event, this
> characterization of "end-user agreements", the issue of purchase of
> software
> vs. purchase of personal license to use software, is currently a hotly
> contested
> issue in the US Courts. Recently, a California Court of Appeal handed
down
> a
> decision in favor of the "purchase of goods" side (as against the
"purchase
> of
> license" side). Time will only tell if that decision itself is upheld if
> appealed or if it will be followed by other Courts. In other words, the
> answer
> to your question is "it remains to be determined." Volker, would you care
> to
> buy an option contract on the ultimate decision? I'm a trader at heart!
>
> Sincerely,
>
> Richard
> (An atty in a former life)
>
>
> Volker Knapp wrote:
>
> > Hallo,
> >
> > I´ve been told from my german supplier that after you sold TS4.0 it can
> not
> > be upgraded and that there is no more support???? But ok... that is not
so
> > important!
> >
> > So what is the status about that?
> >
> > BTW, I have everything here as well and I was also told by the german
> > distributor that it is illegal to sell the software!!! I was also kicked
> out
> > of the german forum for that and have been told that Omega will take
> legall
> > action against me.
> >
> > So what is the truth now. Maybe Pierre and Mark Brown do know since they
> > both Omega Solution Provider?
> >
> > BTW, in Germany you can still buy TS2000i for over 2000 US$.
> >
> > You might have guessed right, I am not using TS anymore but I still like
> to
> > develop systemsand trade them.
> >
> > Volker Knapp
> >
> > -----Ursprüngliche Nachricht-----
> > Von: RYAN PORTER [mailto:port45@xxxxxxxxxxxx]
> > Gesendet: Donnerstag, 7. Februar 2002 17:40
> > An: omega-list@xxxxxxxxxx
> > Betreff: TS 4.0 OS 1.2 (cur. best bid: $200)
> >
> > Current high bid: $200
> >
> > hopefully this will give you more detail on the software
> > (revised email)
> >
> > ORIGINAL EVERYTHING INCLUDING BOXES!!!
> >
> > TS build # 19.6
> > option station build #6
> >
> > both fully upgradeable.
> >
> > Tradestation
> >
> > Manuals
> > user's
> > server
> > downloader
> > analysis techniques
> > getting started
> > easylanguage
> >
> > Videos
> > easy language parts 1&2 (4 videos)
> > and getting started in tradestation
> >
> > Additional software
> > Win Beep "remote access software"
> > Win Beep users manual
> >
> > OptionStation
> > Manuals
> > users
> > downloader
> > server
> >
> > 25 year historical data CD
> >
> > Highest Bidder as of 7pm Pacific Time Friday Feb 8th will be the owner.
> >
> > instructions will be sent to winner regarding paying via paypal.
>
>
>
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