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Dear Sig,
I respectfully decline to engage in debate regarding this issue and will let the
facts speak for themselves. If you have any further interest in the issue, you
may wish to gather information first hand for yourself. A good place to begin
would be by reading the case of Softman Products Co., LLC v. Adobe Systems, Inc.
(171 F. Supp. 2d 1075, C.D. Cal., 2001), in which that Federal District Court
held the terms of Adobe's end user agreement unenforceable against the instant
Plaintiff, and that Plaintiff's purchase of Adobe's copyrighted products
constituted a sale of the software, and not a license to use the software.
Sincerely,
Richard
Sigstroker@xxxxxxx wrote:
> 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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