back to article Google Glass will SELF-DESTRUCT if flogged on eBay

Buyers of Google Glass have been warned they cannot sell their pricey new techno-spectacles on eBay or anywhere else. In terms of sale posted on its website, the advertising giant said a Google Glass was for life, unless you wanted to give it away for nothing. Anyone who failed to follow the rules will have their devices …

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Anonymous Coward

Re: What gives ANY company the right...

You did.

You gave them the right when you voted (or failed to vote) and didn't care what your representative's views were on this.

You did it every time you accepted a EULA without reading it because you wanted the software.

You did it every time you downloaded an app or an ebook.

You did it every time you traded your rights for the convenience of the next shiny shiny.

You give away your rights all the time.

Eventually (like about right now) they cease to become rights at all.

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Anonymous Coward

Re: What gives ANY company the right...

Dave Fox is thinking. Good man. To rest of you I say, do as Dave does.

Glass is not a HUD. Glass is a portal. You can sell the hardware. They are saying that if you do, your account will be disabled. I find it odd that they don't have some kind of ID swapping in ability. Perhaps it's to make theft more difficult. I'd hate the portal bit anyway. So if anyone ever roots the things, be careful when I walk buy and take 1'500USD worth right off your face.

In any case, what a piece of crap for 1'500USD? Can't that fetch a some gen1 night vision goggles these days? Much more useful if you ask me.

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Anonymous Coward

Re: AutoDesk products being resellable....

"The upside is, for the casual user or student is that their licensing software is a joke. :-D"

This is the same strategy as weak anti-copy schemes. Make it easy to pirate. All the kids will learn it. The companies will have to buy it. What a bunch of wankers. Please wank somewhere else.

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Anonymous Coward

Re: What gives ANY company the right...

At least it guarantees us that no one will BUY this knowing what will happen.

I would hate someone having a Call of Duty movie theater view of my life.

What has the world come to? next we will be banning curtains and mandating in-house CCTV for private residents, of course this will be outsourced to Google.

1984 is real albeit 30 years late.

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FAIL

Re: What gives ANY company the right...

Yes, a rather crude, intimating (very un-google) EULA. Why not "lease" the device indefinitely rather than sell it. Then the EULA is (more) acceptable.

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Silver badge

Re: What gives ANY company the right...

>If you buy a car and sell it on, usually the services it came with like warranty are not passed on.

I assume car makers will try that next.

You buy a BMW but have a non-transferable licence to the software in the engine management system which is disabled if you don't have it serviced at a dealer.

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Happy

Re: What gives ANY company the right...

as long as it's not in the fine print, it is fine.

there is a site in Switzerland qoqa.ch which has offers every week. One week they had a Porche Carrera for a very reasonable price. You could buy only one and you had to keep it for 12 months.

It was printed in normal sized letters on the offer and no one could have missed the message. I see nothing wrong with that.

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Happy

Re: What gives ANY company the right...

that would be the law

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Unhappy

Re: What gives ANY company the right...

....all very interesting, there is a loophole in Oz on swimming pool warranties. the original warranty is for say 15 years BUT if you sell the house with the pool after 3 4 years the warranty is void......

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Anonymous Coward

Re: What gives ANY company the right...?

YOU give a company the right! (by agreeing to the purchase)

Don't like the EULA? Don't buy. Problem solved.

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Anonymous Coward

Re: What gives ANY company the right...

Buy from a different vendor, or stifle your childish need for the latest toys or to be constantly entertained.

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Re: What gives ANY company the right...

HEY I'VE GOT A GREAT PLAN!!! How about we not buy the damn thing to begin with?

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Re: What gives ANY company the right...

Right you are Graham, companies try to skirt around it but their efforts don't withstand legal scrutiny

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Devil

Re: What gives ANY company the right...

Here in Germany the Contract would be considered an "agreement contrary to public policy". Basically that means that Googles "Condition/Contract of sale" would be completely invalid, especially if as mentioned here that there are a lot of flaws in the Contract. In fact Google would have to continue to provide the services that the original buyer received, otherwise they would not be allowed to sell it. I believe also that the Contract breaks a number of E.U. laws regarding the restrictions.

Yes Google & all the other United States Companies (ie Amazon, Microsoft, Apple etc) that keep trying to push on to us in Europe, their ideas of fair business keep running into a brick wall. Rightly so I would suggest.

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Anonymous Coward

Re: What gives ANY company the right...

1. Don't buy these things until Google changes it's mind. When big business gets the idea that you own

nothing, private property will be history

2. Remember, in the United States, conservative Republicans represent big business, not the people. When

you elect a conservative, you are voting against yourself.

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Anonymous Coward

Re: What gives ANY company the right...

They can not stop you from selling it. They can stop you from using it.

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Re: What gives ANY company the right...

How can they know who they're spying on if they are sold outside their control?

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Megaphone

Re: What gives ANY company the right...

Here is what Google says these days. It used to be far more evil.

"When you upload or otherwise submit content to our Services, you give Google (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to Google Maps). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services. "

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Happy

Re: What gives ANY company the right...

You aren't purchasing the equipment or own it. You are entering an agreement with Google the terms of which you are agreeing to be paying a sum of money. seems pretty clear to me...

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Facepalm

Re: What gives ANY company the right...

Just because a company has a contract and you sign it in your own blood, and give your fingerprints, voice identification, and promise your first born child --- does NOT mean it can be legally upheld !

A consumer has rights and this actually VIOLATES THE COPYRIGHT MISUSE DOCTRINE!!

In fact such misuse of destroying property sold to its customer might actually be grounds for a class action suit against Google.

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FAIL

so if I don't like it

I can't sell it on? Really? They're not offering a try-before-you-buy, and there's no word on returns.

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JDX
Gold badge

Re: so if I don't like it

You can return under statutory rights surely?

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Silver badge

Re: so if I don't like it

They can take away a lot of your freedom in an EULA, but they can't touch your statutory rights.

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Anonymous Coward

Re: so if I don't like it

Yup you can in the UK, it's called the distance selling act, you only have a limited period though. Doesn't apply if you pick up the goods from a store.

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Silver badge

Re: so if I don't like it

DSA doesn't apply if you've opened the box. It's meant to cover the situations where you order something, it arrives and you think "Wait, what? I thought I was getting a XYZ". It's not meant to cover the situation where the thing is what you are expecting, but doesn't quite work as well as you want.

The intention is that it gives you the same chance to back out as if you were in a store, all the goods have been rung up and it is time to pay.

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Anonymous Coward

Re: so if I don't like it @Tom 38

>DSA doesn't apply if you've opened the box

Yes it does. The intention is to give you the same chance to inspect a product as if you were in a store which you can't do unless you take it out of the box.

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Silver badge

Re: DSA doesn't apply if you've opened the box

Yes it does. I've recently had to return a mobile phone handset to Virgin Media, and they said they'd be quite happy to accept the return even if the security seal on the box had been broken.

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Anonymous Coward

So you don't like post-sales (mind) control..

.. well done.

You just gave yourself an excuse not to waste that money, but rather spend it on women/men and booze :).

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Happy

My Grandpa taught me the secret to a happy life,

"Spend all of your money on wine, women and fast cars and squander the rest foolishly on real-estate."

The old coot was absolutely right. :-)

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Thumb Up

Re: My Grandpa taught me the secret to a happy life,

He was so right!

Can't go wrong with those, well assuming you know what wine to buy :-D (hint spend MORE than £5 a bottle)

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Silver badge

Once I've bought it, it's mine.

This is like a car manufacturer putting sugar in the tank of anyone that dares to sell their car second hand.

It's vandalism.

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Meh

Re: Once I've bought it, it's mine.

Actually its more like this

When you buy a car from the manufacturer they take your bank account details, and when you go to get special petrol to use your car you have to pay with said credit card which is linked to your bank account. If you don't use the same bank account then petrol will not be provided.

This does not stop someone from hacking the car engine from using standard petrol which may not be as efficient but still works. Also this does not stop someone from giving the car to another person with the bank account selling the car and also giving the new owner the bank card, however making so many bank accounts will eventually put you into having bad credit, which would probably be the main dissuading practice (but not for the poorest of the poor) of black market resellers.

It's one way of dissuading middle men buying in bulk and selling at greater cost, however it cannot stop the practice, as it just increases the time taken/effort/risk to resell it, a china man living off £1 a week with £1500 savings would probably risk giving someone his Google wallet, with time and effort to sell it at £3000 for instance.

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Silver badge
FAIL

Re: Once I've bought it, it's mine.

*sigh* You could have at least written "I am not a lawyer"....

Actually, come to think of it, it's pretty obvious. Silly car analogies (Did you think you were on slashdot?) don't a law make.

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Re: Once I've bought it, it's mine.

The thing is, the current edition of Google Glass (the Explorer Edition) is meant for developers and not regular consumers so that devs can start developing apps. This makes sure that those people buying Glass are real developers and not just people trying to make money off of it. If Google doesn't do this, a lot of phonies would pretend to be developers and then sell it to random people. This wouldn't apply when Glass does get released for regular consumers though.

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Trollface

Includes free gift

For sale, one bespoke USB cable. Bidding starts at $3000. Winning bidder also receives one set of Google Glass as a gift, absolutely free of charge.

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Anonymous Coward

Re: Includes free gift

You are bidding on a box, inside this box i shal place a google glass

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JDX
Gold badge

Re: Includes free gift

You can do that but they'll still reserve the right to deactivate it. Maybe each unit is tied to a google id so you'd have to sell the google id as well.

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Stop

Overreaction?

Isn't this just for these early adopters, before the device is on general sale? Which makes some sense since with them only available invite-only, there will be plenty of people willing to pay well over the odds for them.

If this is part of the retail TOS then I agree there is an issue, but I don't see any reason to assume it is - there would seem to be legal issues apart from anything else.

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Re: Overreaction?

Pretty sure that this wont stand up in court if it was on the commercial device. Just because they put stuff in their terms of sale/service, it doesn't automatically make it legal and binding.

If that was the case then I could sell a product, include a huge terms of service document and put "by buying this device, you agree to sell me your home and car for £1 whenever I want" in tiny writing in the middle of the ToS.

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Stop

Re: Overreaction?

This seems to me just a way to prevent scalping. True, it comes across as horridly totalitarian, but how else do you prevent people buying up the (limited) stock for their personal profit?

The purpose of the first release is to get the device in to the hands of devs so that they can create cool stuff for it, which would be hurt by allowing anyone to buy and resell them.

Arguably, "free market" blah blah blah, but they have a point.

Caveat: the above is void if this clause remains for the final product.

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Facepalm

Re: Overreaction?

Do not sell: lease it, with a buying option at the end of the contract. Problem solved, and no one would get annoyed.

With the right values, it would cost the same 1500 at the end of the projected beta period.

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JDX
Gold badge

Re: Overreaction?

I can't see a good reason Google would want to block 2nd-hand sales of the regular retail version. It's surely similar to an iPad or Kindle - it is tied to a personal account BUT you can change which account it is linked to.

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Big Brother

Re: Overreaction?

FIRST SALE DOCTRINE... should roll over anything Google has to say about the hardware. These are not rented, they're sold.

But that only applies to the physical hardware. The courts have shown precedent (I suspect due to lobbying/bribes) that the software is not be sold, but licensed. Google can just terminate their side if the connection to the hardware, sales doctrine intact.

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Thumb Up

Well I think they're cool and want one!

Or should I just wait until the implantable version comes out? ;-) Science Fiction becomes science fact before our very eyes. So what if they monitor where I am and what I do on the web, this happens anyway, I carry a mobile phone around with me and use Google to search for stuff. I just think the idea of a computer that you wear that you talk to is just amazingly cool.

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Anonymous Coward

Re: Well I think they're cool and want one!

Yes, but everyone else will think you look like a dick.

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Re: Well I think they're cool and want one!

come out from behind your AC shadows and tell us we look like dicks to our faces (but please don't say "google" before you say "dicks").

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Anonymous Coward

Re: Well I think they're cool and want one!

I just think the idea people that you talk to is just amazingly cool. I really actually do. I understand machines. So they are not as fascinating as people. ;)

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Anonymous Coward

Am I the only one that thinks this is good?

First - let's put this in context. The first glass owners have been chosen by raffle and have asserted themselves as hardcore tech addicts, and they've had to put down a lot of cheddar to get them. Google wants to sell the first batch to these enthusiasts to trail the tech and generate word of mouth.

What Google don't want is for the usual profiteers to buy up the first batch and flog them on ebay for a massive profit. This will annoy those tech addicts who lost out in the raffle and will feel upset when they feel they have been passed over in favour of people trying to make a quick buck. This policy will deter such buyers.

Once the first few batches have been sold and supply is ramped up, this restriction will probably be destroyed and you can flog your glasses to whomever you desire.

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Silver badge

Re: Am I the only one that thinks this is good?

I hope you're right. If it's a temporary restriction to prevent scalping, that's entirely acceptable. But if not, that would basically reduce or eliminate interest in the product.

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Anonymous Coward

Re: Am I the only one that thinks this is good?

Let me guess, You work for Google?

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