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by quesera
300 days ago
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Maybe just semantics? I think "license" is more technically correct. Even in the best consumer case, you are only "buying" a perpetual right to use a software product. Optionally, you might also get updates. In the US, the First-Sale Doctrine won't apply to software (unlike tangible books and records) so you probably do not have the right to sell your copy of this software to another person. Since that's not true ownership, I think it can only be described as a license. But I'll agree that all sorts of shenanigans can, and often do, hide under that generic term. However, "buy" could suggest many substantial rights that are not on offer (most importantly distribution), so it's a bit of a quandary. The phrase "Buy Now - $9.99, yours forever" might thread the needle. The sale page would still need to include all the legal terms, of course. I think "license" is a necessary word there. |
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Not sure how first sale affects software sales other than software rental in the USA is an exception to the first sale doctrine. Software rental is not allowed unless it's a physical video game copy for a video game console or you have a physical copy of the software and you can't just easily make a copy of it in the normal course of using it (not sure exactly what this would mean, but presumably things like software for embedded devices). There are exceptions for libraries and educational institutions.
I am not a lawyer, however.