Comments on: First Sale and the Software Industry http://techliberation.com/2007/09/02/first-sale-and-the-software-industry/ Keeping politicians' hands off the Net & everything else related to technology Tue, 14 Feb 2012 12:51:08 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Mark Blafkin http://techliberation.com/2007/09/02/first-sale-and-the-software-industry/comment-page-1/#comment-48854 Mark Blafkin Wed, 05 Sep 2007 04:43:57 +0000 http://techliberation.com/2007/09/02/first-sale-and-the-software-industry/#comment-48854 <p>Tim is also glossing over the most important point. Free software depends on "license agreements" as much if not more than Ballmer and Co. By my reading, if the courts were to fully subscribe to the ideas of Fred VL and Tim, the entire Copy Left movement would be crippled. They would not be able to impose any of the limitations on use/redistribution that are contained in the various versions of the GPL. The proprietary software industry can probably survive without shrinkwrap licensing as Tim suggests, but I don't see how the Open Source/Free Software communities can survive under the legal framework that Tim is espousing.<br></p> <p></p> Tim is also glossing over the most important point. Free software depends on “license agreements” as much if not more than Ballmer and Co. By my reading, if the courts were to fully subscribe to the ideas of Fred VL and Tim, the entire Copy Left movement would be crippled. They would not be able to impose any of the limitations on use/redistribution that are contained in the various versions of the GPL. The proprietary software industry can probably survive without shrinkwrap licensing as Tim suggests, but I don’t see how the Open Source/Free Software communities can survive under the legal framework that Tim is espousing.

]]> By: Mark Blafkin http://techliberation.com/2007/09/02/first-sale-and-the-software-industry/comment-page-1/#comment-39287 Mark Blafkin Wed, 05 Sep 2007 03:43:57 +0000 http://techliberation.com/2007/09/02/first-sale-and-the-software-industry/#comment-39287 <p>Tim is also glossing over the most important point. Free software depends on "license agreements" as much if not more than Ballmer and Co. By my reading, if the courts were to fully subscribe to the ideas of Fred VL and Tim, the entire Copy Left movement would be crippled. They would not be able to impose any of the limitations on use/redistribution that are contained in the various versions of the GPL. The proprietary software industry can probably survive without shrinkwrap licensing as Tim suggests, but I don't see how the Open Source/Free Software communities can survive under the legal framework that Tim is espousing. <p></p></p> Tim is also glossing over the most important point. Free software depends on “license agreements” as much if not more than Ballmer and Co. By my reading, if the courts were to fully subscribe to the ideas of Fred VL and Tim, the entire Copy Left movement would be crippled. They would not be able to impose any of the limitations on use/redistribution that are contained in the various versions of the GPL. The proprietary software industry can probably survive without shrinkwrap licensing as Tim suggests, but I don’t see how the Open Source/Free Software communities can survive under the legal framework that Tim is espousing.

]]> By: eric http://techliberation.com/2007/09/02/first-sale-and-the-software-industry/comment-page-1/#comment-48853 eric Mon, 03 Sep 2007 17:50:22 +0000 http://techliberation.com/2007/09/02/first-sale-and-the-software-industry/#comment-48853 <p>enigma_foundry, if you believe that, then you should be glad if MikeT's suggestions for very strict enforcement at the retail level is realized, since it will limit the use of Microsoft OS by our impressionable youth (addling their minds and setting them on the road to commercial software addication). We all know that Windows is a "gateway" to worse things. :)</p> enigma_foundry, if you believe that, then you should be glad if MikeT’s suggestions for very strict enforcement at the retail level is realized, since it will limit the use of Microsoft OS by our impressionable youth (addling their minds and setting them on the road to commercial software addication). We all know that Windows is a “gateway” to worse things. :)

]]> By: eric http://techliberation.com/2007/09/02/first-sale-and-the-software-industry/comment-page-1/#comment-39286 eric Mon, 03 Sep 2007 16:50:22 +0000 http://techliberation.com/2007/09/02/first-sale-and-the-software-industry/#comment-39286 <p>enigma_foundry, if you believe that, then you should be glad if MikeT's suggestions for very strict enforcement at the retail level is realized, since it will limit the use of Microsoft OS by our impressionable youth (addling their minds and setting them on the road to commercial software addication). We all know that Windows is a "gateway" to worse things. :)</p> enigma_foundry, if you believe that, then you should be glad if MikeT’s suggestions for very strict enforcement at the retail level is realized, since it will limit the use of Microsoft OS by our impressionable youth (addling their minds and setting them on the road to commercial software addication). We all know that Windows is a “gateway” to worse things. :)

]]> By: e_f http://techliberation.com/2007/09/02/first-sale-and-the-software-industry/comment-page-1/#comment-48852 e_f Mon, 03 Sep 2007 01:48:43 +0000 http://techliberation.com/2007/09/02/first-sale-and-the-software-industry/#comment-48852 <p>Mike:<br><br>The easing of restrictions on academic sales is a way that Microsoft has stealthily lowered the sales prices of their software, this is part of their effort to head off growth in FOSS.<br><br>Like a crack dealer, MS would be happy to give the first 'hit' away for free, especially to school children.</p> Mike:

The easing of restrictions on academic sales is a way that Microsoft has stealthily lowered the sales prices of their software, this is part of their effort to head off growth in FOSS.

Like a crack dealer, MS would be happy to give the first ‘hit’ away for free, especially to school children.

]]> By: e_f http://techliberation.com/2007/09/02/first-sale-and-the-software-industry/comment-page-1/#comment-48851 e_f Mon, 03 Sep 2007 01:44:56 +0000 http://techliberation.com/2007/09/02/first-sale-and-the-software-industry/#comment-48851 <p>Great post.<br><br>I see so much concentration on what is necessary because it will support business plans, business plans which are supposedly required to support 'innovation.'<br><br>One item I'd like to see is inclusion of how some recent decisions might affect this. In particular, the Blizzard v. BNetD decison would seem to bear on this issue.</p> Great post.

I see so much concentration on what is necessary because it will support business plans, business plans which are supposedly required to support ‘innovation.’

One item I’d like to see is inclusion of how some recent decisions might affect this. In particular, the Blizzard v. BNetD decison would seem to bear on this issue.

]]> By: MikeT http://techliberation.com/2007/09/02/first-sale-and-the-software-industry/comment-page-1/#comment-48850 MikeT Mon, 03 Sep 2007 01:40:11 +0000 http://techliberation.com/2007/09/02/first-sale-and-the-software-industry/#comment-48850 <p>Under the current model, retailers (aside from college bookstores) have no incentive to card people buying academic licenses. The software is generally shipped at cost to them, so a retailer can easily make a $195 profit off the sale of an academic license of Microsoft Office as just one example. If they want to control the loss of revenue, they have to focus on enforcing contractual relationships with the retailers instead.</p> Under the current model, retailers (aside from college bookstores) have no incentive to card people buying academic licenses. The software is generally shipped at cost to them, so a retailer can easily make a $195 profit off the sale of an academic license of Microsoft Office as just one example. If they want to control the loss of revenue, they have to focus on enforcing contractual relationships with the retailers instead.

]]> By: e_f http://techliberation.com/2007/09/02/first-sale-and-the-software-industry/comment-page-1/#comment-39285 e_f Mon, 03 Sep 2007 00:48:43 +0000 http://techliberation.com/2007/09/02/first-sale-and-the-software-industry/#comment-39285 <p>Mike:</p> <p>The easing of restrictions on academic sales is a way that Microsoft has stealthily lowered the sales prices of their software, this is part of their effort to head off growth in FOSS.</p> <p>Like a crack dealer, MS would be happy to give the first 'hit' away for free, especially to school children.</p> Mike:

The easing of restrictions on academic sales is a way that Microsoft has stealthily lowered the sales prices of their software, this is part of their effort to head off growth in FOSS.

Like a crack dealer, MS would be happy to give the first ‘hit’ away for free, especially to school children.

]]> By: e_f http://techliberation.com/2007/09/02/first-sale-and-the-software-industry/comment-page-1/#comment-39284 e_f Mon, 03 Sep 2007 00:44:56 +0000 http://techliberation.com/2007/09/02/first-sale-and-the-software-industry/#comment-39284 <p>Great post.</p> <p>I see so much concentration on what is necessary because it will support business plans, business plans which are supposedly required to support 'innovation.'</p> <p>One item I'd like to see is inclusion of how some recent decisions might affect this. In particular, the Blizzard v. BNetD decison would seem to bear on this issue.</p> Great post.

I see so much concentration on what is necessary because it will support business plans, business plans which are supposedly required to support ‘innovation.’

One item I’d like to see is inclusion of how some recent decisions might affect this. In particular, the Blizzard v. BNetD decison would seem to bear on this issue.

]]> By: MikeT http://techliberation.com/2007/09/02/first-sale-and-the-software-industry/comment-page-1/#comment-39283 MikeT Mon, 03 Sep 2007 00:40:11 +0000 http://techliberation.com/2007/09/02/first-sale-and-the-software-industry/#comment-39283 <p>Under the current model, retailers (aside from college bookstores) have no incentive to card people buying academic licenses. The software is generally shipped at cost to them, so a retailer can easily make a $195 profit off the sale of an academic license of Microsoft Office as just one example. If they want to control the loss of revenue, they have to focus on enforcing contractual relationships with the retailers instead.</p> Under the current model, retailers (aside from college bookstores) have no incentive to card people buying academic licenses. The software is generally shipped at cost to them, so a retailer can easily make a $195 profit off the sale of an academic license of Microsoft Office as just one example. If they want to control the loss of revenue, they have to focus on enforcing contractual relationships with the retailers instead.

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