The law firm Fenwick and West (now Fenwick) did the first shrink/clickwrap EULA for Jobs and Wozniak in 1975. Their document
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https://www.fenwick.com/FenwickDocuments/Patent_Licensing.pdfspecifically states on page 9:
“Quiet Enjoyment”
Licensees, having paid for the right to use licensed technology, generally seek to ensure that
nothing interferes with the benefits they have received. For example, licensees are concerned
with their ability to obtain assistance from the licensor in fixing defects that are discovered in
the technology, to have the right to fix the defects themselves if the licensor is unable to do
so, to obtain periodic upgrades and other maintenance services from the licensor, to transfer
their rights if they sell their business and to continue enjoying the technology even if the
licensor becomes bankrupt.
From what I've seen, only the Microsoft EULA's discount “Quiet Enjoyment”
A licensor usually loses most of the rights to the license technology once they sell the license. For instance, in a passive activity like a recording, a record label cannot prevent you from selling the original copies of a recording as part of your estate. That fall under First Sale.
This is what Autodesk learned in the Vernor case. This is why they now "rent" software - SaaS.
For shiny shoes guys that don't care and just want to build then sell off a business and hang out with Sports Illustrated models in their Maserati after cashing in big time, cool. They don't care.
A contracting firm on a time limited contract - a body shop filling warm seats - again has no long term interest in accessing their IP generated with the tool.
But for smaller firms and companies that see access to their IP as a valuation of their company, then something needs to change - a legal precedent needs to happen to determine if theirs undue influence by these software companies, forcing a construed partnership in an unconscionable contract agreed to under duress.
That would start getting into anti trust laws.
https://www.ftc.gov/advice-guidance/competition-guidance/guide-antitrust-laws"These laws promote vigorous competition and protect consumers from anticompetitive mergers and business practices. The FTC's Bureau of Competition, working in tandem with the Bureau of Economics, enforces the antitrust laws for the benefit of consumers."
We need legal precedent to begin sorting out these issues.