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fluoridationtoday at 2:30 AM1 replyview on HN

Copyright law has been playing semantic games with "buy" and "own" for decades. When I buy(1) something, it's mine, and I can do what I want with it. The person whom I buy it from doesn't have the right to rescind my rights over the thing I bought. When I buy(2) a software license, does the seller have the right to claw back the license? If not, then buy(1) and buy(2) are conceptually identical, and there's no difference between buying a license and buying the (copy of the) software. If yes or unknown, then buying(2) is not buying(1), as it does not grant ownership, but something else; not even over the license.

So what kind of transaction is buying(2) something? What do you get in exchange for money? It's clearly not a good, so is it a service? Is continued permission to use the software a service? Then if that service is interrupted the consumer should be entitled to some kind of reimbursement from the provider, right? Because otherwise the provider has an incentive to stop the service.


Replies

LocalHtoday at 4:12 AM

Clearly, in Sony's case here it is buy(2), and they've reached into people's accounts and removed content (even using the term "purchased" in the notice email).

This should be criminal. If the sale copy says "buy" "own" "purchase" then they must not be allowed to remove your license to that content by any means.

I'm fine with them removing content from storefronts. I'm even okay with them saying "you're responsible for your downloaded copies, if we decide to discontinue licensing you won't be able to redownload". I'm not fine with them saying "buy" "own" "purchase" and then coming in later "oh we decided to change the licensing situation and so you no longer have access to what you have 'purchased'". That is theft, more than copyright infringement ever could be.