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Cake day: May 19th, 2024

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  • EULAs don’t have to say “you own this forever” because it’s implicit. Just like when you buy bananas at the grocer you aren’t forced to sign a EULA that says you can eat the banana or make a smoothie with it but can’t use it to make nuclear weapons or commit war crimes.

    Let’s break this down: a product is an object that is delivered to a buyer. A service is an action or group of actions that is performed for the buyer. If I have to keep running my servers for your game client to connect to, push updates or offer tech support, I am providing a service because it requires me to keep doing something for the thing to work. If, on the other hand, all I do is give you some code you can run entirely on your machine - and it doesn’t matter if I give it to you on a CD, a floppy, via digital download or if I print it out as a big book for you to type yourself into a hex editor - then our transaction is finished when I deliver it to you and you pay me. There isn’t anything to license because now you own that copy of the code. My participation in what you do with it is finished, just like the grocer’s is finished when you leave his store with the bananas.

    Do you understand now?