European Union court: Consumers have the right to re-sell their Digitally Distributed games

[NJ5]

SamuelRSmith said:

Depends.

If, when you exchange the property, you sign a contract stating that you must use the property in a certain way, then you must stick to that contract.

Also, if you buy a license (which most software is sold as), the software is still not your property. You may be able to sell the license, unless it is part of the agreement that you signed (clicking I Agree, or whatever).

You can't sign your rights away in a contract (even if you do so willingly and voluntarily). Companies like to pretend that what they write in these "license agreements" is gospel, but it's only gospel as far as it doesn't contradict the law.

To give the usual example if I sign a contract saying that you will torture me, that doesn't cease my right to live without being harmed by you.

I don't see the distinction between buying a "software" and a "license". Either I can re-sell the "software" to someone else or I can sell the "license". The effect is the same, after I sell it I can't use it and the other person can.