End User License Agreements

[telecomdude]

If anyone is familiar with EULA's and manufacturing practices related to software manufacturers then this question is for you. I recently purchased a software package and as always for safe keeping practices I attempted to make a legal backup of my software package. Upon creating my backups I always test them to be sure that my copy was successful. On this instance I tried several times to use the software and was unsuccessful. I tried to create another copy thinking that my hardware might not have functioned correctly, but received the same result. I did some very careful research and discovered that the particular manufacturer was using a securerom application that destroyed the software's ability to be copied. I then turned to that manufacturera End User License Agreement and discovered that even by their own EULA I am entitled to make one (1) backup copy of my software for archival purposes, which was my intent to protect against damage. I sent correspondence to the manufacturer and was told that yes they do use a securerom copy protection software and that even though I was legally able to make a backup of my software, I would not be able to unless I "hacked" into the protection application to make a backup. Now I'm not sure if there is really anything that can be done legally, but it seems as though I bought car without a key and would have to hotwire it to use it.

 

[lawrat]

I am a law school graduate. WHat I offer is mere information,not to be construed as forming an attorney client relationship.

Your analogy is a bit skewed. You bought a brand new car but only with one key -- dealer too cheap to give you the extra key/valet key.

Even by the software provisions in Copyright Act, you are entitled to one backup copy. As such, I say ask the manufacturer for a new one on the house or you will contact the FTC/FCC for this breach of the agreement (end user license) and fraud.