Skip navigation

It absolutely annoys me to no uncertain end when people say that, “Hey, I can distribute/use Software X in any way I like! It’s my right! If I buy a Physical Product Y, I can do that!”

No you feeble-minded village idiot. You don’t buy software. You buy a software license. What is a license? In this case, a form of contract. If you buy a contract, say, as a sports club buys a employment contract of a sports star – it doesn’t entail the sports club having the same rights over the star as they would over a toaster they bought.

Not all contractual clauses are legit, and it depends on what sort of contract law you’re following. And this leads me on to my pet peeve #2: “I come from Country X and Clause Y is not enforceable there, so it is not enforceable anywhere” – no idiot, it’s just unenforceable in your stupid little Country X which has lawmakers or judges that couldn’t differentiate between software and hardware. Or another variant, “… Clause Y of the license agreement is unenforceable, therefore the entire agreement is not enforceable”: this almost brings stupidity to a whole new level. Invalidation of a clause does not necessarily invalidate the contract, unless the clause is extremely central to the contract.


Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

%d bloggers like this: