Fun licensing disaster from a past life: company pays more than $500k for a used system; starts integrating it. Then through a call to the manufacturer’s support, it comes out that the software licenses aren’t transferable. License cost: $1M. Hardware without license: useless.
Again, I think you've never read it (or any FOSS license, or any theory on the subject) if you think it "sets terms".
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Here is one from MIT: You can’t hold developer liable. Here is one from the manufacturer’s: you can’t transfer the license.
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That's not a license condition; you don't have to agree to it (or anything) to use the software. It's a disclaimer of warranty/liability, placed alongside, and serves as legal protection to the authors regardless of whether a user "accepts" it. Seriously go learn something.
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You might need license protection for liability. Others need the same protection for transfer. I am not going to tweet anymore to tell you a legal licensing agreement is not a crime.
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The point is that they *don't* have any agreement with the buyer, who lawfully purchased hardware and copies of software. They can't mandate this buyer establish a contract with them to use the things they purchased used. Doing so is criminal.
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Yes, buyer don’t have to use the software. However, regarding “copies of software” part, it isn’t lawful to sell copies of software where you agreed not to transfer. This is on seller/buyer not knowing what they are exchanging.
End of conversation
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