On Tue, 7 Oct 2003 19:53:58 -0500
"David Phillips" <david at acz.org> wrote:

> Shawn writes:
> > Isn't there an
> > argument that if you buy something and it comes with a clause of
> > "Sold as is, no warranty implied nor given" it's just that?
> 
> If it exists, that is an agreement between you and the merchant.  It
> isn't a condition imposed after the sale by an unrelated third party.
> 
The reseller, ie Best Buy, is considered an agent.  When you purchase software from a reseller, you are in effect buying from the producer.  If the license on the outside says to the effect "These are our terms for your license to use.  If you disagree, do not open.  Return unopened package for refund."  The a reseller has a contingent license, or other goods such as extended warranty, then that is between you and the reseller from whom you purchased that "additional item."

> > Or that can be put into context of "sold to the original owner,
> > not for transfer/trade to another party".
> 
> Not unless you sign a contract which states that specifically.
> 
Implied licenses?  See above.

> > I believe coupon swapping groups
> > got into trouble for that a few years ago.
> 
> I have no idea what you are talking about here.
> 
Was on 20/20 a while a go.  lol

> > Airlines tickets are generally non-transferable as well.
> 
> That is something you agree to when you purchase the tickets.  You are
> making that agreement with the party from whom you are buying the
> tickets.
> 
It's a condition of the airlines.  Regardless of the travel agent. Again, implied.  Which can be considered equivalent to software purchases if stated so in license.

> > It's a buyer beware world, if you don't agree with something don't
> > buy it.  Read the legalize on what you're considering purchasing.
> 
> I don't have to research the law when I buy a book or computer
> software at a store.  Unrelated third parties have no legal basis for
> influencing transactions.  If you think they do, prove it by citing
> the relevant law.
> 
I wasn't referring to third parties in any of my posts.  The point I was making is that when you purchase software or something that has a written license or document outlying it's usage, your "signature" is the acceptance of said conditions from manufacturer when purchased.  Again, there are ways out of this, but it typically involves courts and you having to explain why.

In regards to the law, if you claim ignorance that is not a defense.

-- 
Shawn

  The difficult we do today; the impossible take a little longer.

  Ne Obliviscaris --  "Forget Not"

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