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Cars: Perfect Example!

Only problem is that I AM allowed to build and sell a car made with BMW parts at whatever price I want. It's called the "first sale doctrine", and it allows me to do whatever I want with something I purchased - more importantly, it forbids the seller from limiting my ability to do what I want with it.

I can buy some BMW parts and put them into a car I built from scratch, and the only thing that BMW can do is prevent me from calling my car a BMW -- unless, of course, I buy a BMW car, modify it to my heart's content, and then I can probably still sell it as a BMW.

So why is software special?

It isn't, or rather shouldn't be. Software companies try to get around this by saying that you're not buying the software, but leasing, renting, or paying to "use" it in stead. That would be like BMW saying you don't own your Beemer, you're just renting it.

You might therefore argue that you of course can rent a Beemer, and then you can't modify it or sell it. So, isn't that legitimate? Apple is more like Avis or Alamo rent-a-car, yes no?

OK, I can live with that, but the analogy would be that Apple is an Avis that lets you rent a car which was never used before in shrink-wrap and new-car smell, but when you're done driving it you have to destroy it, delete all traces of it, remove it from any family photos, etc. Sounds like a funny car rental place, and I'm not sure too many people rent from Apple Car Rental, Inc.

So I think that Apple and all software companies should be held to the same standard -- one which every other company had previously always been held to, and no, we should not leave Apple alone. Shame on it and every other EULA-using company. But mostly shame of Congress and the Courts for allowing things to get this far.

Posted by: PubGab   Posted on: 05/26/09 You are currently: a Guest | Members login | Terms of Use

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