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The grumpy editor's e-book readerThe grumpy editor's e-book readerPosted Jul 25, 2009 20:09 UTC (Sat) by dlang (✭ supporter ✭, #313)In reply to: The grumpy editor's e-book reader by giraffedata Parent article: The grumpy editor's e-book reader
yes it's possible to use software without purchasing it. I am not disputing that
but the question that the courts have asked in the cases I have noticed is if the acquisition of the software was structured as a purchase or not.
and from what I've seen, if the user pays a lump-sum up front for the software it's considered a purchase
the fact that you can sell your kindle on e-bay would also indicate that you purchased it.
in the case of a DVR, what happens when you cancel service with the satellite company? if you keep it (which is what I've always seen happen) it's a purchase, not a rental
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The grumpy editor's e-book reader Posted Jul 25, 2009 23:06 UTC (Sat) by jordanb (guest, #45668) [Link]
I think you should go back and read your customer service 'agreement' very carefully. It may surprise you.
Also, try checking out that FAQ question I posted.
At any rate, even if you continue to insist that they don't claim ownership of the receiver you have, they *clearly* and *separately* claim ownership of the DVR software, and they also reserve the right to change the software at any time (again, read your customer service agreement).
So DirectTV setup the legal framework to be ordered to disable their customer's DVRs, in an effort to retain far more centralized control than they'd have in a clear-cut transfer of ownership situation.
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