Re: OK --- a question of ethics

Ben:

Interesting. That would put a new wrinkle in this scenario, if the store
refused to accept a return.
Circuit City, where I bought the product, said I could return the item
within 30 days.

If they didn't allow this, then as far as I'm concerned the license would be
null and void. How could it be a valid contract in any sense of the word???
Seriously, it would be unenforceable, I would think.

Mel


<ben_myers_spam_me_not @ charter.net (Ben Myers)> wrote in message
news:434dc1b7.21606746@xxxxxxxxxxxxxxxxxxx
> This is a perfect example of what is called sneakware. You get a software
> product and do not find out the terms, conditions, and limitations until
> you go
> to install it. By then, it's too late to return it, 'cause the place
> where you
> bought it won't accept returns of software that has already been opened.
> So
> you're screwed if you adhere exactly to the terms of the license.
>
> This country once had various entities that looked out aggressively for
> the
> interests of the man-on-the-street. Manufacturers and retailers dealt
> with
> consumers on a basis of respect with some healthy caution thrown in.
> Never
> more... Ben Myers
>
> On Wed, 12 Oct 2005 13:45:23 -0400, "MZB" <moo@xxxxxxxxxxxxxxxxx> wrote:
>
>>VERY interesting responses--- from the "holier than thou" types to the
>>"I'll
>>steal anything if it's not nailed down" types.
>>
>>I appreciate your honesty.
>>
>>I think there is an interesting dichotomy between what one "should" do
>>versus what one WILL do.
>>
>>I find it hard to get around the fact that the license is clear (let's
>>assume that). The fact that others do it and that it's done all the time
>>and
>>maybe big companies can also act unethically does not change the facts. As
>>Tom says, ahhh....rationalization.
>>
>>Let me put it this way: if we all knew that we would get CAUGHT, would we
>>do
>>it? The answer is NO.
>>
>>ALL that being said, if the license is perceived as outrageous BS, and
>>coupled with the fact that one doesn't know the details until AFTER buying
>>the product (unless one goes to the site and maybe carefully reads the
>>license -- but for me in this case it just never occurred to me that there
>>would be a restriction), and perhaps the additional fact that one had to
>>put
>>some effort in getting the product (in my case it was on sale at Circuit
>>City, 30 miles away), then one MIGHT be suitably pissed and therefore
>>decide
>>to use the drive on the 2 computers (yes, still rationalization).
>>
>>Sometimes, something might be "technically wrong," but certainly not be
>>perceived that way (and I'm sure some sicko murderers also might think
>>that
>>way).
>>
>>Anyway, thanks for your responses. It is an interesting topic.
>>
>>BTW, I definitely know what I'm going to do.
>>
>>Mel
>>
>>
>>"MB_" <mel@xxxxxxxxxxxxxxxxxxx> wrote in message
>>news:SnU2f.17377$dO5.16107@xxxxxxxxxxx
>>> Just curious as to your opinions.
>>>
>>> Just a very quick summary as my saga has been memorialized in a bunch of
>>> threads.
>>>
>>> I have a desktop and a newer laptop. I wanted to back both of them up. I
>>> had a very hard time getting the CD/DVD s-ware to mesh on both
>>> computers.
>>> Long story-- but I eventually gave up on that (too unreliable) and
>>> decided
>>> to get an external USB drive. I got a very good deal on a WD 120 GB
>>> drive.
>>> The 2 drives for my computers are both 40 GB, and they have about 60%
>>> free
>>> space, so my ext. hard drive has plenty of room to back up both.
>>>
>>> I then ran into problems with their bundled B/U s-ware, Retrospect
>>> Express. I would completely B/U one computer. When I went to the other
>>> one, it would erase the other B/U set. I could probably fool the program
>>> by screwing around and changing folder names, moving files, etc. but I
>>> didn't want to do this for fear of screwing up the RESTORE feature
>>> should
>>> I ever really need it.
>>>
>>> I called WD tech support. They said the license only allows me to B/U
>>> ONE
>>> computer. Hence, the erasing is a licensing protection device in their
>>> s-ware.
>>>
>>> Well, frankly, I am really quite ticked off. I spent a LOT of time
>>> trying
>>> to solve the CD issue and then I decided to go the ext. drive route.
>>> There
>>> was nothing on the outisde box saying it should only be used for one
>>> computer. But, after installation, I guess the fine print of the
>>> licensing
>>> agreement does say that (let's assume that's the case -- like many of us
>>> who install a variety of programs I admit to not reading the license
>>> before clicking the I Accept tab).
>>>
>>> OK, now for the ethical part. I reformatted my USB hard drive and made
>>> TWO
>>> partitions, E and F. I can now successfully back up my two computers
>>> (one
>>> to E drive and the other to F drive). The s-ware does not look beyond
>>> one
>>> partition,
>>>
>>> I can do this, but should I? The argument against it is that I'm in
>>> effect
>>> stealing. OTOH, it is quite annoying when the license information occurs
>>> AFTER you install everything. Had I known about the license beforehand,
>>> I
>>> could have looked at other products. But, realistically, I can also
>>> return
>>> the product for a full refund. But it does seem like a bunch of BS that
>>> I
>>> am not supposed to B/U my two home computers.
>>>
>>> OK --- I would really appreciate your comments. I suspect we have
>>> reached
>>> that crossroads where we know what might be the proper/right/ethical
>>> thing
>>> to do (ie: either return the package or look into either upgrading the
>>> license or buying another drive). In fact, I'm really not sure whether
>>> this restriction to one computer is the s-ware license or the hardware
>>> license (I should check).
>>>
>>> The crossroads: what would you HONESTLY do???
>>>
>>> Mel
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>
>>
>


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