There’s a debate going on in another messageboard about how much control that board’s software company wishes to have over the software they’re producing. The software in question is to make maps for roleplaying games.
Basically, their EULA says that you can’t use the software at all to make commercial products if you’re a business entity even if you use all your own artwork (no clue how they’d know). You can use the software to make commercial products if you’re an individual if you use all of your own artwork.
The problem is, there’s a growing market in the roleplaying industry for PDF books. In fact, there’s a major website solely devoted to selling PDF books for small publishers. People would love to be able to buy books with maps created with this product, which has some of the best artwork ever seen in a mapmaking program.
The argument most have is that other similar software products allow you to produce professional work, so long as you aren’t giving or selling the individual entities. In other words, you could use Paintshop Pro’s picture tubes in a drawing and sell the drawing, but you can’t just sell the picture tube.
So my question is, does copyright law have any limits? Does a company have a right to decide how much of their software they control?
For the record, I’m simply voting with my wallet. If the EULA stays the way it is, I’ll respect it, but I won’t give them my business.
Here’s my guess. I know a bit about how certain EULAs work.
If a company makes a separate “corporate” version of a product that’s intedned for the creation and distribution of items it has a separate pricepoint.
If the items you create using this product incorporate specific contern from the program, or it has it’s own proprietary filetimes, then you pretty much have to abide by thier rules or risk a possilbe lawsuit.
A lot of companies offer the ability to have free “build ins” to allow people to distribute items create don their software. These can incluce Viewer files or the rights to insert certain pieces of code to generate executables or other items.
The bottom line is, in most cases the EULA can stand on it’s own, especially if it’s made by a larger company. Most likely they had all their legal minds ensuring that they wrote all the detials out in tiny paragraphs so as best to screw wrongdoers.
I would say, easiest answer… just move to a different peroduct if you don’t agree. Your arguement of “i don;t think you can do that” probably won’t hold up in court without some precedent and other information.
Yeah, I found a couple of products that I like better. The available artwork isn’t nearly as good, but that’s the choice I have to make.
Well, there could be a possible court case that could be won on this basis; the enforceability of EULAs is not absolutely settled. But it would cost you, and you can bet the software company can hire better lawyers than you can.
Just get other software if you don’t like the EULA.
Deadly Accurate,
There hasn’t been a test case. Might be that EULAs are completely null and void, as they can’t be springing terms on you after you’ve already paid for it… or what happens if the 13 year old next door installs it? He’s the one that clicked “OK” to the EULA… Does that mean you aren’t bound by it? Is he? How can he be? He’s not old enough to enter a contract. Is a EULA even a contract?
Short answer, as much as they can. How much that is will vary depending on how deep your pockets are and how valuable your product is.
Except in this case their EULA is on their website. (I don’t want to link to their site and inadvertantly start problems on their messageboard).
That’s interesting that EULAs may not stand up in court, however.
Eula is a much better name for a girl than Apple.