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<blockquote data-quote="Randy B. Singer" data-source="post: 1179469" data-attributes="member: 190607"><p>Are you an attorney?</p><p></p><p>I am. </p><p></p><p>And I studied Intellectual Property in law school and have practiced in that area of the law.</p><p></p><p>I can assure you that when you purchase software from Apple (or any other software vendor) you are purchasing a license. You can read the terms of this license for yourself:</p><p><a href="http://images.apple.com/legal/sla/docs/macosx106.pdf" target="_blank">http://images.apple.com/legal/sla/docs/macosx106.pdf</a></p><p></p><p>When you purchase a license, you are not purchasing anything physical at all (though something physical, such as an optical disk, may be included as part of a separate sales agreement that is part of the same transaction.) You are purchasing a right to *use* that software. </p><p></p><p>When you purchase a license you are not purchasing a right to own anything. The entire point of a license is that the vendor has an obligation to see to it that you have access to the subject matter of the license. If that were not the case, then what you would be talking about wouldn't be a license. Nothing is conditioned on the possession of the physical disks.</p><p><a href="http://knol.google.com/k/jon-gillespie-brown/what-is-software-licensing/3v64x901bjfe2/2#" target="_blank">What is Software licensing? - a knol by Jon Gillespie-Brown</a></p><p></p><p>And, yes, if you purchase a music CD, and it is lost, or damaged to the point that it won't play anymore, you are entitled to a replacement subject to reasonable costs for the physical media and handling. At least that's what the law says. Of course, the music distributor might not cooperate, and then you would have to sue them to get your replacement.</p><p></p><p>Let me give you an analogy. You come up with a great invention. I purchase a license from you to build and sell that invention for $X million. You send me the plans. I lose the plans. Am I now SOL because I lost the plans? No. I purchased a license to your invention. You are obligated to send me new plans so that I can manufacture your invention. You are entitled to charge me a reasonable cost to xerox the plans again and mail them to me, but you can't charge me for another license...I already own a license. </p><p></p><p>I know that this sounds unusual, but trust me, this is how it is.</p><p>(I almost said "Trust me, I'm a lawyer.") <img src="data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7" class="smilie smilie--sprite smilie--sprite2" alt=";)" title="Wink ;)" loading="lazy" data-shortname=";)" /></p><p>If this wasn't how licenses were, or if there were no concept of license, then no one would ever be able to make a living creating intellectual property, such as music, books, software, inventions, etc.</p><p></p><p>___________________________________________</p><p></p><p>Randy B. Singer</p><p>Attorney at Law</p><p></p><p>Author of: The Macintosh Software Guide for the Law Office </p><p></p><p>Webmaster of: The Macintosh Law Office Software List</p><p><a href="http://www.macattorney.com" target="_blank">Law Office Software for The Macintosh /Attorney using Macintosh Legal Software</a></p><p></p><p>Publisher of: The MacAttorney Newsletter</p><p>___________________________________________</p></blockquote><p></p>
[QUOTE="Randy B. Singer, post: 1179469, member: 190607"] Are you an attorney? I am. And I studied Intellectual Property in law school and have practiced in that area of the law. I can assure you that when you purchase software from Apple (or any other software vendor) you are purchasing a license. You can read the terms of this license for yourself: [url]http://images.apple.com/legal/sla/docs/macosx106.pdf[/url] When you purchase a license, you are not purchasing anything physical at all (though something physical, such as an optical disk, may be included as part of a separate sales agreement that is part of the same transaction.) You are purchasing a right to *use* that software. When you purchase a license you are not purchasing a right to own anything. The entire point of a license is that the vendor has an obligation to see to it that you have access to the subject matter of the license. If that were not the case, then what you would be talking about wouldn't be a license. Nothing is conditioned on the possession of the physical disks. [url=http://knol.google.com/k/jon-gillespie-brown/what-is-software-licensing/3v64x901bjfe2/2#]What is Software licensing? - a knol by Jon Gillespie-Brown[/url] And, yes, if you purchase a music CD, and it is lost, or damaged to the point that it won't play anymore, you are entitled to a replacement subject to reasonable costs for the physical media and handling. At least that's what the law says. Of course, the music distributor might not cooperate, and then you would have to sue them to get your replacement. Let me give you an analogy. You come up with a great invention. I purchase a license from you to build and sell that invention for $X million. You send me the plans. I lose the plans. Am I now SOL because I lost the plans? No. I purchased a license to your invention. You are obligated to send me new plans so that I can manufacture your invention. You are entitled to charge me a reasonable cost to xerox the plans again and mail them to me, but you can't charge me for another license...I already own a license. I know that this sounds unusual, but trust me, this is how it is. (I almost said "Trust me, I'm a lawyer.") ;) If this wasn't how licenses were, or if there were no concept of license, then no one would ever be able to make a living creating intellectual property, such as music, books, software, inventions, etc. ___________________________________________ Randy B. Singer Attorney at Law Author of: The Macintosh Software Guide for the Law Office Webmaster of: The Macintosh Law Office Software List [url=http://www.macattorney.com]Law Office Software for The Macintosh /Attorney using Macintosh Legal Software[/url] Publisher of: The MacAttorney Newsletter ___________________________________________ [/QUOTE]
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