Licences are different than physical goods.
With a physical good you’re transferring ownership of that “thing”, and the new owner can do as they like, except for the exceptions made for copyright.
With a licensed thing, it’s closer to a rental. Just because you rented the tool doesn’t mean you can sell it, and it doesn’t mean that the rental company is obligated to let your next of kin keep using it.
This goes double for things like digital media, because the rental company is also the one who has actual possession of the thing. They’re not taking anything, they’re just not giving someone they never did business with access to it.
I’m sure someone will challenge it in the EU then at some point.
In the US not all licenses are transferable, and that includes things like “accounts”.
Valve and gog have the same policy. I’m fairly confident that both of them didn’t decide to violate the law in the same way that’s also consistent with how other digital licensing arrangements work without consulting with some lawyers on their user agreements.
The lawyers are definitely there to protect the company. No lawyer is ever there to follow the intent of the law, because it’s the letter that matters in almost every circumstance.
Knowingly adding an illegal term to the terms of the agreement is a great way to not only fail to protect the company, because the entire thing might get tossed out, but to risk professional consequences.
Even the Microsoft terms of service say “non-transferable unless you’re in Germany or other EU jurisdiction where such clauses are unenforceable”.
Licences are different than physical goods.
With a physical good you’re transferring ownership of that “thing”, and the new owner can do as they like, except for the exceptions made for copyright.
With a licensed thing, it’s closer to a rental. Just because you rented the tool doesn’t mean you can sell it, and it doesn’t mean that the rental company is obligated to let your next of kin keep using it.
This goes double for things like digital media, because the rental company is also the one who has actual possession of the thing. They’re not taking anything, they’re just not giving someone they never did business with access to it.
Sounds like something the FTC should make illegal. Someone should start revoking licenses of politicians. See how fast that law changes
But isn’t piracy exactly identical to stealing? I’m sure I have seen advertising saying so.
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I’m sure someone will challenge it in the EU then at some point.
In the US not all licenses are transferable, and that includes things like “accounts”.
Valve and gog have the same policy. I’m fairly confident that both of them didn’t decide to violate the law in the same way that’s also consistent with how other digital licensing arrangements work without consulting with some lawyers on their user agreements.
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I don’t know what to tell you beyond “in the US, not all licenses are transferable”. Different countries have different laws.
It’s a pretty well trod area of law, so it’s not really contentious that it’s a legal license term in the US.
https://www.shadesofgraylaw.com/2009/12/14/cant-transfer-this/ is an example. It’s less tested for consumers.
The lawyers are definitely there to protect the company. No lawyer is ever there to follow the intent of the law, because it’s the letter that matters in almost every circumstance.
Knowingly adding an illegal term to the terms of the agreement is a great way to not only fail to protect the company, because the entire thing might get tossed out, but to risk professional consequences.
Even the Microsoft terms of service say “non-transferable unless you’re in Germany or other EU jurisdiction where such clauses are unenforceable”.