Apple Fails in Bid to Dismiss Cydia Creator's Amended Antitrust Lawsuit

[redbeard331]

This is bad and shows how little some people truly know or understand about technology or privacy etc.

Oh right because having the same control of our phones that we do our Macs would be terrible.

Back up your statement with some actual facts.

 

[Sophisticatednut]

True, which is why I said “and sell them.”

Indeed

The thing is owning a physical object does not mean you own the rights to anything beyond the physical object, even if they are embedded in the object.

Legally there is no difference in EU. Anything the physical object contains on point of sale is included unless agreed upon before on a contract.

A lot depends on the circumstances and the law. A signature is not needed to be a valid and binding contract.

I’m just talking about the EU area and rulings by the EUCJ on laws and cases.
A perpetual license agreement= Transfer of ownership.

The most important is a contract must be presented before purchasing a goods to be valid.

The first sale doctrine is not absolute either, depending on the law and jurisdiction.

In eu it is completely different. The right name is.

Exhaustion of intellectual property rights.​

Instead of first sale doctrine.
After a product covered by an IP right, such as by a patent right, has been sold by the IP right owner or by others with the consent of the owner, the IP right is said to be exhausted. It can no longer be exercised by the owner

The same applies to software patents. If a piece of software containing a patented algorithm is redistributed by the patent owner, for example by Microsoft via GitHub, the patent is exhausted.

 

[jlc1978]

Legally there is no difference in EU. Anything the physical object contains on point of sale is included unless agreed upon before on a contract.

Often the contract is presented prior to purchase, such as DVD's that state licensed for home use only; which means showing the video in a theater is not a right included in the sale, even if you do own the physical DVD.

I’m just talking about the EU area and rulings by the EUCJ on laws and cases.
A perpetual license agreement= Transfer of ownership.

The most important is a contract must be presented before purchasing a goods to be valid.

I was talking primarily US, but agree a contract must be agreed to prior to purchase. Of course, an EULA where you are offered the right to refuse and return the product for a refund *might* meet that requirement.

In eu it is completely different. The right name is.

Exhaustion of intellectual property rights.​

Instead of first sale doctrine.
After a product covered by an IP right, such as by a patent right, has been sold by the IP right owner or by others with the consent of the owner, the IP right is said to be exhausted. It can no longer be exercised by the owner

The same applies to software patents. If a piece of software containing a patented algorithm is redistributed by the patent owner, for example by Microsoft via GitHub, the patent is exhausted.

True, and the US has similar legal concepts, but that does not confer an IP right on you. You can buy the machine and resell that one, but you can't use the IP to build one.

But it still comes back to what constitutes a sale vs a license; and as a result "first sale" or "Exhaustion of intellectual property rights" is not clearcut as people often claim.

 

[duffman9000]

Oh right because having the same control of our phones that we do our Macs would be terrible.

Back up your statement with some actual facts.

Yes, I understand that I’m giving up substantial control. I’m fine with that.

I made that choice a very long time ago. That’s the choice you make when using iOS. If you don’t like that choose something else.