medv4380 said:
You say that, but if my NES Zelda cartage stops working I can't just download a new one for free legally, and the same goes for my Skyrim PS3 Disk. The licence for Consoles are usually tied to the condition of the physical media that they are sold on. Now if it was a Download only or a PC game I'd agree that you're paying for the license and the license only.
Cartridges are a bit different, as there is copyrighted and specific tech involved inside the cartridge itself. In that case, you're actually paying for both, and it is effectively a physical product, as the game is irrevocably tied to the cartridge.
With the PS3 disk, you're actually legally allowed to download an ISO (read: exact copy) of the disc data and create a new one. The problem is that the developer is not obligated to provide you with an ISO, and uploading/sharing the data is technically illegal. You can legally make back-up copies of your disc-based games and use those infinitely however.
medv4380 said:
Here's also another catch with Cars. You're actually getting a License there too. They are actually granting you License Rights to the car for each and every patent in the car. Otherwise you couldn't legally use most of the Tech in your Car, and those licences must also be considered transferable since you're allowed to sell your car to someone else.
The difference there is that those licenses are tied to a physical, tangible product, which changes hands.
Software is a mathematical concept, and has no physical aspects tied to it. It's kinda like the difference between a SNES cartridge and an Xbox360 DVD or PS3 blu-ray. One has licenses for copyrighted data that's intrinsically part of the physical product, and the other has no physical properties at all.
Again, like I said in my last post, I think software licenses should be treated exactly the same as physical products (read: can be traded, borrowed, sold, etc, but not duplicated, nor is the producer obligated to replace it if somehow lost), but there are several differences between the two, and there is a logical basis for wanting separate rules for each.