Comments on: Snap a picture, break a contract?

By: dustydog

dustydog — Fri, 03 Nov 2006 12:26:09 +0000

The contract is at the point of sale, not after.

Language hidden on a disk is not different from tiny print or hidden ink on a contract.

By: David Schwartz

David Schwartz — Thu, 02 Nov 2006 20:52:53 +0000

Let’s hope courts manage to find some sanity. Whether software is sold or licensed should be considered a question of fact subject to the “duck test”.

When a physical object is purchased that contains incidental software necessary for the function of the device, it should be assumed that ownership of the copy of the software follows ownership of the physical device. A clear intent on the part of the buyer to consent to something else should be required.

By: Bill Evans ( Virginian)

Bill Evans ( Virginian) — Thu, 02 Nov 2006 18:23:33 +0000

There seems to be a growing trend to claim rights far and above what copyright and patent law allow.

By: David

David — Thu, 02 Nov 2006 10:34:44 +0000

Yes, one of the licenses the article discusses is for the software running on the Canon camera. Canon’s license agreement, like many others, forbids lots of things that you’re normally legally entitled to do with something you own. You own the camera, but you’re merely licensing the software that runs on it. And if you violate the terms of the license, Canon could, in theory, revoke your license to that software. The camera’s still yours, though, but good luck getting it to do anything without that software.

By: Seth

Seth — Thu, 02 Nov 2006 08:34:33 +0000

Without having read the article, my guess is that the license in question is actually for the software that makes the camera functionable, not the physical product.

By: Matthew Brown

Matthew Brown — Thu, 02 Nov 2006 02:05:12 +0000

The article is subscription only, so I’m wondering what legal theory Canon uses to justify this. While click-wrap licenses on software have some legal support – and at least they make you say ‘yes’ to a contract – I can’t see any reason why a physical product can have any contract obligations adhering to it.