The Rights of Software Makers and Consumers

Imagine if with the purchase of a brand new television set came attached an EULA specifying that only channels and movies authorized by the product's maker could be legally viewed on the T.V. Or imagine if a car dealer forced you to sign an agreement on purchase of a new car requiring the purchaser to only buy gas and replacement parts at locations authorized by the dealer. These ideas are absolutely ludicrous, yet software companies continue to attempt to enforce similarly ridiculous constraints on their products. For example, Apple has recently placed severe restrictions on the iPhone that disallow installment of a number of software packages that compete with products of Apple or its affiliates. Skype, a direct competitor to services provided by AT&T, who has an exclusive contract with Apple, cannot be installed because of VoIP restrictions on the phone. Neither can Firefox, an alternative to Apple's Safari, be installed because of other software restrictions. While some acts such as software piracy have direct illegal analogs in the concrete world, restrictions like those above serve no one's interests but the companies making them, and we are fortunate that modern government agencies like the EU are taking an interest in protecting the rights of consumers and competing companies. Much work remains to be done in defining the rights of a software IP holder versus the rights of a software purchaser.