Thursday, October 8, 2009

Do You Own Your Software?



The increased accessibility of broadband internet connection and high-capacity data storage drives have had an incredible effect on the entertainment industry in the past few years. Movies and television shows can now be seen à la cart, either through digital recorder boxes or streaming over the internet. Video games and other computer software are available through direct download services, without the use of install discs.

This new stage of multimedia evolution shows great potential in benefiting the consumer. Folks in the mood for some entertainment can order movies and games on demand without having to leave home. Users also need not worry about running out of shelf space at home when their entire library can be stored on one or two hard drives.

However, there is danger over the horizon... Consumers need to be aware of both the advantages and the trade-offs of these new types of business model. You may be eager to embrace this new technology, but if you're not careful, you may lose very important rights over the things you purchase.



Have you ever read the End User License Agreement for any piece of software you own? Chances are, you haven't. Most EULAs are notoriously long and filled with legal jargon, so it's no wonder why most people simply skip it and aim their pointer straight for the "I Agree" button. An EULA is a contract that you have with the software's manufacturer, and clicking that button is your legal signature.

You may find that in most EULAs, you don't actually own the software. You are agreeing to a license to use the software, not own it. As such, the publisher retains the ownership rights of the software while you have permission to use it, just so long as you use it only as the publisher intends.

One of the top no-no's in the typical EULA is sharing or selling your software with others. As far as any publisher is concerned, the only person allowed access to their product is the person who paid for the license. While piracy is a genuine concern for the multimedia industry, publishers in the past decade have begun to cut off their nose to spite their face by punishing the consumers who have acquired their products legitimately.

Luckily, a court ruling this week determined that software that is purchased should be owned by the buyer. Software developer, AutoDesk, sued Timothy Verner for selling legitimate copies of their software over online auction, claiming copyright infringement. The court used a previous case involving the ownership rights of motion picture film as precedent for this case, since they were based on similar principles. This was a great victory for Verner, and while it may appear so for consumers as a whole as well, it's more likely that software companies will adjust their EULAs to avoid these legal loopholes in the future.

The video game industry has taken the greatest strides in shifting to digital distribution. They may site piracy as their primary concern, but it's no secret that they've also vilified the second-hand market for disappointing sales of new products.



This month, Sony launched their new portable handheld console, the PSP-Go. The PSP-Go is a revised version of their now-five years old PlayStation Portable platform. What sets the PSP-Go apart from its older siblings is that it lacks the UMD disc drive required to play most PSP games. Instead, the new handheld contains a storage bank of flash memory (launch versions hold 16GB) to store downloadable games, music, and video. Most of the PSP game library, as well as a collection of movies, TV shows, and original games are available to download from the PlayStation Store on the PlayStation Network.

Sony claims that the UMD format was a failure (and it was) that was holding the PSP platform back, again blaming those who pirated ripped data from game discs. However, there is more than meets the eye. Many believe that this is Sony's big push to not only eliminate the secondhand market, but video game retailers altogether. In the future, video games may only be available for purchase directly from the publisher, and the benefits of traditional commerce may be lost: Refunds, reselling, or even just giving it away to someone.

Digital distribution, for the moment, has provided a fantastic alternative to purchasing multimedia. Smaller, independent software developers and filmmakers have an easier opportunity to get exposure for their work. Without the expense of physical media, the savings on production can be passed on to the consumer. Rental services like NetFlix or Xbox Live Marketplace allow for cheap, temporary access while eliminating late fees or poorly cared discs.

Unfortunately, it's unlikely that movie and software companies will be satisfied with that. If they're successful in transitioning the distribution of multimedia to a strictly direct platform, then we as a people lose the right to obtain property. Rather than being a low-priced alternative, digital distribution will become the standard where publishers will be able to charge whatever they want for products that you'll never truly own. Examples of this have already been shown in PSP game price comparisons between PSN and Amazon.

Fear not, for there are groups at work to protect our rights from being stripped from us. The Entertainment Consumers Association is a non-profit organization designed to spread awareness and fight for consumers' rights.

If the software end of multimedia is allowed to fall outside our control, it may be a matter of time before hardware follows. Companies like Hewlett-Packard is already working on ways to make their overpriced ink cartridges proprietary, so that third-party companies are unable to sell compatible toner cartridges at competitive prices. This could expand to include any replacement parts of accessories that you may need for your laptop.

Triangle Laptops wants to offer necessary replacement parts and repair services to those who don't want to pay inflated prices from the manufacturer.

For more information about the laptop parts and services that we offer, please check out our online store or call toll-free at 1-877-456-7869.

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