Guest Norm Posted June 25, 2000 Share Posted June 25, 2000 Hi guys, I don't know what happened but I seem to have received an extra copy of Combat Mission in the mail. There may have been some mixed up at BTS and 2 of my orders were put through. So just to let some of you guys know that I'm going to put it up at eBay. Sorry if this is not the correct forum to post this. Thanks guys Link to comment Share on other sites More sharing options...
Buckeye Posted June 25, 2000 Share Posted June 25, 2000 I'm not sure you want to do that. I'd check with Steve/Charles about whether the software agreement you implicitly signed makes unauthorized resale a no-no. Link to comment Share on other sites More sharing options...
Kingfish Posted June 26, 2000 Share Posted June 26, 2000 Hey Manieri, we found your copy ------------------ The dead know only one thing - it is better to be alive Link to comment Share on other sites More sharing options...
Supertanker Posted June 26, 2000 Share Posted June 26, 2000 <BLOCKQUOTE>quote:</font><HR>Originally posted by Buckeye: I'm not sure you want to do that. I'd check with Steve/Charles about whether the software agreement you implicitly signed makes unauthorized resale a no-no.<HR></BLOCKQUOTE> I swore I would let this go, but after seeing it twice, I can't stand it. First, you have to know that I have negotiated custom software licenses on behalf of users, so I'm probably more cheesed off about this than most. Also, since I don't have the full version yet (argh!), I have not read the license to see if BTS included such a thing (many game companies do not, and explicitly allow resale), so this is not directed at them (yet). I think attempts to use a license to prevent subsequent transfers are an enormously anti-consumer practice, and should be forbidden. What is the substantive difference between finishing the latest Tom Clancy book and selling that, and playing a game until I'm done with it, then erasing all copies and selling my CD to someone else? There is no real difference. With books, the publishers don't threaten to come after me. Why not? Because they understand the First Sale Doctrine, and don't try to use a contract to get around it. The publisher's copyright gives it the exclusive right to make and distribute copies, but that right ends with respect to redistribution of a copy once it is sold. Without the FSD, you couldn't resell, trade, or even loan a copyrighted work. Technically, I could buy another copy of a game, and then give it to a friend as a present, and that would violate the exclusive distribution right, but for the FSD. There are many of the "industry standard" clauses in software contracts that can be traced to the 1960s, when everything was custom and there were few arms-length software transactions. There is no reason to carry those concepts over into mass consumer transactions. Well, unless your legislature has completely sold out the interests of consumers by passing the horror that is the UCITA. Link to comment Share on other sites More sharing options...
Guest Scott Clinton Posted June 26, 2000 Share Posted June 26, 2000 I always sell my old software on eBay. BTW, IMO there is a very good reason why the big companies not 'follow through' and try to enforce this type of clause. They would lose, and they would lose big time in the public arena. ------------------ Please note: The above is solely the opinion of 'The Grumbling Grognard' and reflects no one else's views but his own. Link to comment Share on other sites More sharing options...
L.Tankersley Posted June 26, 2000 Share Posted June 26, 2000 FYI, the CM license explicitly allows you to transfer the software to someone else as long as you don't keep a copy. Basically, you can't go into business selling copies of CM yourself. ------------------ Leland J. Tankersley Link to comment Share on other sites More sharing options...
Buckeye Posted June 26, 2000 Share Posted June 26, 2000 Hey, Supertanker, I wasn't saying I agreed with restrictive clauses in software licenses. Actually, my own view about attempting to prevent transfers is ambivalent. I was just alerting Norm to the possibility that BTS might not want him selling his software that way. Link to comment Share on other sites More sharing options...
Supertanker Posted June 26, 2000 Share Posted June 26, 2000 Oh, I know Buckeye, I wasn't really directing that at you personally; it is more of an industry thing. Anyway, from Leland Tankersley's post, it looks like it is a moot point because BTS is following the gaming industry trend of allowing transfers in the license. Link to comment Share on other sites More sharing options...
Guest Big Time Software Posted June 26, 2000 Share Posted June 26, 2000 Yes, Leland is correct. Software developers want to claim that their products are just like cars and microwaves for protection from pirating, yet they say you don't have the right to resell it? BS If you bought it you can do whatever you like with CM so long as you sell the whole thing and keep no copy of it for yourself. Seems pretty fair to us. And if Norm makes a couple extra bucks off the sale... a fool and his money are easily parted I guess Steve Link to comment Share on other sites More sharing options...
Guest MantaRay Posted June 26, 2000 Share Posted June 26, 2000 The correct thing to do would be to send it back to BTS. It is not his to keep if he recieved it in error, he should be ashamed to sell it off. Plus, since he has admitted that he didn't pay for it on this forum, he is actually stealing it. And if you think that because BTS sent in in error that he is not culpible, you are dead wrong. Unless he can provide a valid reciept for it, he cannot really be serious. Ray ------------------ When asked, "How many moves do you see ahead?", CAPABLANCA replied: "One move - the best one." MantaRays 5 Pages Hardcore Gamers Daily Link to comment Share on other sites More sharing options...
Guest MantaRay Posted June 26, 2000 Share Posted June 26, 2000 Plus if he does, BTS should charge his credit card again for the loss. Ray ------------------ When asked, "How many moves do you see ahead?", CAPABLANCA replied: "One move - the best one." MantaRays 5 Pages Hardcore Gamers Daily Link to comment Share on other sites More sharing options...
Travis Posted June 26, 2000 Share Posted June 26, 2000 Aw quit jumping all over him. If its ok with bts..its ok Link to comment Share on other sites More sharing options...
Guest Big Time Software Posted June 26, 2000 Share Posted June 26, 2000 Ray, Norm did in fact pay for both copies. It was an error on his and/or our part that he received two. Whatever the the case may be, he did in fact shell out the bucks for it and, as stated above, has every right to sell it to someone else. Now, if he just got an extra without being charged... well, that would be a different thing Steve Link to comment Share on other sites More sharing options...
Goanna Posted June 26, 2000 Share Posted June 26, 2000 From BTS: "Now, if he just got an extra without being charged... well, that would be a different thing" Actually, if you receive an item unsolicited in the mail, you are under no obligation to either return the item or pay for it. i am not sure if this applies to double mailings of something you did purchase. The legal basis for this originated in the US in the 1950s IIRC when companies used to send people unsolicited books, etc. then berate them for payment. Back when things like books didn't cost too much, and people were more gullible this practice was probably about as effective as "cold calling" to sell stuff. Why do I have so much time to waste on the minutiae of mail order? I obviously haven't received my special package here in Oz yet. ------------------ desert rat wannabe Link to comment Share on other sites More sharing options...
Compassion Posted June 26, 2000 Share Posted June 26, 2000 $8 for domestic shipping? Are you kidding? Link to comment Share on other sites More sharing options...
Guest MantaRay Posted June 26, 2000 Share Posted June 26, 2000 Well now, if he paid for them, I hope he gets $100 for it. Ray And Goanna, I would give you a rebuttal, but I am too tired to look up the caselaw on it. Charges dropped. ------------------ When asked, "How many moves do you see ahead?", CAPABLANCA replied: "One move - the best one." MantaRays 5 Pages Hardcore Gamers Daily Link to comment Share on other sites More sharing options...
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