Original Install discs

[Kash]

Yes, you can twist it as much as you like.
Maybe a judge would go for it, or maybe he would just give a look which suggests that you should know better


Exactly, you are purchasing the license, and should you damage, destroy, or lose the physical property, well..... That is your loss!
You still have the right to use the property if you still have it!

You'd want to be a better lawyer than those you are suing, or have a useless judge if you wanted to win!

Ummm no! You lost the plans which I gave to you (sold to you).
I sold you the plans as part of that agreement and have no more copies
Not my problem

You're not the guy suing Apple because his daughter dropped her iPhone and broke the glass are you? LOL

As a third year law student, Randy's logic and his analysis of the law is certainly sound. As to whether that logic is practical (which is where you're focusing) is an entirely different story.

 

[Randy B. Singer]

Yes, you can twist it as much as you like.
Maybe a judge would go for it, or maybe he would just give a look which suggests that you should know better

Exactly, you are purchasing the license, and should you damage, destroy, or lose the physical property, well..... That is your loss!
You still have the right to use the property if you still have it!

You'd want to be a better lawyer than those you are suing, or have a useless judge if you wanted to win!

Ummm no! You lost the plans which I gave to you (sold to you).
I sold you the plans as part of that agreement and have no more copies
Not my problem

I don't want to start a flame war, but apparently you just can't understand the abstract concept that when you purchase a license you aren't purchasing something physical.

When you purchase a license to an invention you aren't purchasing the physical plans, you are purchasing the right to the invention. When you purchase software you aren't purchasing a disk, you are purchasing the right to have and use the software, etc.

That's what a license is. It's a difficult concept to wrap your brain around. I don't know where to point folks where it will be explained any more simply. Maybe here:
License - Wikipedia, the free encyclopedia
"A shorthand definition of a license is 'an authorization (by the licensor) to use the licensed material (by the licensee).'"

(This is why attorneys never give free legal advice.)

___________________________________________

Randy B. Singer
Co-author of The Macintosh Bible (4th, 5th, and 6th editions)

Macintosh OS X Routine Maintenance
OS X Maintenance And Troubleshooting
___________________________________________

 

[Kash]

(This is why attorneys never give free legal advice.)

That, and because we can charge a lot of money for that advice ;P

 

[ClockworkWorld]

We understand the concept of licensing perfectly. No degree in law is necessary to wrap one's head around it. As Kash said, perhaps it's a matter of talking in practical vs. theoretical terms. I can't speak for 6string, but all I was getting at, is that while in theory you have the right to the product you purchased a license to, I wouldn't count on walking into an Apple store and getting it free/discounted. In fact, I can all but guarantee you it will not happen. Same as if I walk into Sony BMG or something and ask for the cd I lost/scratched. I guarantee that won't happen, nor will suing them for it get you anywhere.

I'm not arguing that in theory perhaps they should... just that in practice, it's not going to happen. And expecting it to, will just result in disappointment. I'd love to be wrong though! I've lost a lot of stuff over the years I'd love to get back free/cheap

 

[Randy B. Singer]

As a third year law student, Randy's logic and his analysis of the law is certainly sound. As to whether that logic is practical (which is where you're focusing) is an entirely different story.

Well, as I said, i've seen this work. I'm on about a dozen Mac discussion lists, and this comes up regularly. It isn't that big a deal with regard to Snow Leopard, as Snow Leopard is only $29. But it can be a big deal in other instances. Apple charges about $120 for other versions of the Mac OS.

Folks can disregard what I've suggested to them in this thread. But nothing ventured, nothing gained. Apple is a company that prides itself on customer service and satisfaction. You might be surprised at how they will respond (if you approach them *nicely*.)

Yes, there are companies and individuals who disregard the law all the time in the interest of making [more of] a profit. (Or they may not understand the law themselves, like your neighborhood record store. That's why you deal with folks up the line, who understand the law.) Especially in small matters where it might seem too expensive and inconvenient to sue. (I wasn't suggesting that this is a matter worth suing over.) On the other hand, when you are friendly with an attorney, it's amazing what one phone call, or one letter from your attorney can accomplish.

___________________________________________

Randy B. Singer
Co-author of The Macintosh Bible (4th, 5th, and 6th editions)

Macintosh OS X Routine Maintenance
OS X Maintenance And Troubleshooting
___________________________________________

 

[6string]

Thank you fpr the negative Rep points you left me with the comment "you just didn't get it!"
LOL, ROFL, PMSL and Good luck to you

 

[ClockworkWorld]

lol Awww,but it sure showed us, eh?