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Licensed Users or Licensed Machines? | 98 comments (98 topical) | Post A Comment
Not at all "well known"[ Parent | Reply to This ] (none / 0) (#34)
by Anonymous User on Wed Jan 25, 2006 at 05:34:31 AM PDT

>but my point remains that in THIS case, the
>bundled OS license is pretty well known.

I would say that most people buying a computer doesn't have a clue really and have no knowledge of such things at all. You even admit this later on when you write that "The average consumer probably isn't aware of the difference," which I agree with completely.

>And consumers not doing the research to better
>understand what it is they are getting (or
>failing to get) is something I can't really
>sympathize with,

The main problem is that in many cases, the consumer has no idea what he needs to get infomration about to start with and have a hard time to get it and so on. That is of course why in many countries, consumer sales laws put the burden on the seller to informa of such things that are not evident, can be surprising and different from what one might expect and so on. It is also why many types of sales practises are not allowed by the law, not sure about these specific cases discussed here and don't think there have been cases either.

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Hogwash![ Parent | Reply to This ] (none / 0) (#41)
by wantobe on Wed Jan 25, 2006 at 07:06:29 AM PDT

Yes, I "admit" that the average consumer isn't aware of the difference, but that doesn't mean I don't think they are responsible for finding out. And really, it's as easy as asking someone you know who works on computers, or calling a local computer shop and just asking for advice. Not all of them will help you, but you'll eventually find someone who will. And the practise is well-known by anyone who has been involved in computer maintenance and repair, or even building, for more than a few months.


Rob Miles
--
There are 10 kinds of people in the world; those who understand binary and those who don't.
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I don't know...[ Parent | Reply to This ] (none / 0) (#45)
by Jarulf on Wed Jan 25, 2006 at 08:23:16 AM PDT

I don't know how it is in the US but considering that in most countries when you buy something, you own it and there is no restrictions on its use, this case would be an EXCEPTION to what one can expect. In such a case it would be the responsability of the seller to inform of such a thing. A consumer is not supposed to haveing the duto on each and every purchase to go arround and make questions from "experts" to find out if there is some special case.

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EULA[ Parent | Reply to This ] (none / 0) (#59)
by Anonymous User on Thu Jan 26, 2006 at 12:35:34 PM PDT

I Agree. For people who are new to buying a computer, it's not reasonable to expect there would be such a long and ridiculous legal agreement attached to the purchase, AND that you can't even read said agreement until after you complete the purchase and set up the computer the first time. At least in the case of a computer system, you can usually return it for a refund if you don't agree with the EULA. (There are exceptions, like re-stock fees for some computers from some stores. Those stores deserve to have the re-stock fee charged back to them by the consumers credit card issuer.)

In the case of a computer system purchase, there should be enough room on the outside of the box to print a fairly large warning that this purchase requires accepting a "legal" agreeement, and to ask the store employee for a copy of said agreement if they wish to review it before purchase.  

Of course, they don't really want consumers being made aware of the agreements, then there could be some real backlash from consumers.

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Post-Sale Agreement = Absurdity[ Parent | Reply to This ] (none / 0) (#74)
by Anonymous User on Mon Jan 30, 2006 at 01:01:56 PM PDT

I am not aware of any legal precedant establishing a license is legally enforcable unless it was somehow disclosed in a reasonable fashion before the actual sale. How can an agreement that it is hidden until after purchase be made AFTER THE FACT? Money was accepted without any agreement. Please alert me to relevant case laws, if applicable. -Chris

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