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Fargus's Avatar
Posts: 1,217 | Thanked: 446 times | Joined on Oct 2009 @ Bedfordshire, UK
#100
Originally Posted by azorni View Post
Another thing.

According to me, EULA should be considered as tying ("vente liée"), which is forbidden in many countries.

If someone want to buy a product without signing the EULA, he should be able to. Of course, the seller might give another price, for instance much higher. That's for instance why it is always possible to buy a mobile phone without any mobile phone provider subscription. (I bought my N900 without any subscription, as far as I'm concerned)

Of course for software this is not possible and EULA is almost always mandatory, since the selling of any copy of a software without EULA might immediately turn it into a shareware.

But still, such a selling should theoretically be possible. And, in order not to endanger their business, software editors would have to put a very high price for this selling. In that case we find the idea I was suggesting of selling the program for a huge price, comparable to development costs.
The developer of the software has a perfect right to dictate the terms of sale. If you think that the EULA is unreasonable then invest your own time, moeny and effort into developing something that does the same thing.

Software development is a huge risk, the same as any other product development, but easy for people to copy and therefore use without cost.