[DUG] Off topic but...

[Jolyon Direnko-Smith]

aiui anything that specifically penalises that one customer is potentially
discriminatory, not *just* outright refusal to serve.

On 16 January 2017 at 09:50, Robert Martin <rob at chreos.co.nz> wrote:

> Hi
>
> I suspect all the Jolyon says is true.  However nothing stops you
> increasing the price of the license to cover additional support costs for
> the user in question.  I am guessing they are a difficult customer, you
> could encourage them to make the decision themselves :)
>
> Cheers
> Rob
>
>
>
> On 16/01/2017 9:44 AM, Jolyon Direnko-Smith wrote:
>
> IANAL but I would say that unless your terms of sale include an explicit
> reservation to refuse to provide a license in exchange for the advertised
> price then you would need to be able to provide a substantive and
> legitimate reason to refuse.  The fact that you have already sold them a
> license and now wish to effectively rescind and reverse that decision makes
> it even harder I would suggest, unless you can establish a violation of the
> license terms to support that decision.
>
> Bear in mind that "Management reserves the right to refuse" has to be
> taken together with obligations under the human rights act (including
> prohibiting discrimination on basis of ethics and/or politics as well as
> more obvious reasons or race, gender, religion or sexuality etc).  So you
> would need non-discriminatory reasons to, uh, discriminate.
>
> Retail stores have a slightly stronger case in that they are also private
> property and as such are able to exercise a right to refuse entry to the
> store as a matter of trespass (though human rights observations still
> apply), but I am guessing this does not apply in the case of a license sale
> which presumably does not necessitate or involve the customer physically
> entering any premises in order to complete the purchase of a license.
>
> But again, IANAL and would should probably take proper legal advice on the
> matter.
>
> On 15 January 2017 at 20:22, Gary T. Benner <gary at benner.co.nz> wrote:
>
>> *[Reply]*
>>
>> HI Jeremy,
>>
>> The issue will come down to the exact terms under which you sold the
>> licence. Not just the payment terms.
>>
>> Be careful because if the customer is reliant on the software for their
>> business, and not "transgressed" the terms of the licence in any way, you
>> should be prepared to justify your actions in Court, should they decide it
>> is worth the cost to them.
>>
>> Usually you really need to give a years notice of ceasing support,
>> allowing them time to move to another product.
>>
>> Happy 2017
>>
>> Gary
>>
>> A*t 19:57 on 15/01/2017 you wrote *
>>
>> >To : delphi at listserver.123.net.nz
>>
>> >CC :
>>
>> >From: Jeremy Coulter, jscoulter at gmail.com
>>
>> >Content Type: text/html
>>
>> >Attached:
>>
>> >
>>
>> >
>>
>> >
>> >Hi All. Sorry i know this is off topic but I cant remember the offtopic
>>
>> >email address.
>>
>> >
>> >I provide my software on an annual license fee.
>> >I have a customer who I would prefer NOT to provide a new license too
>> when
>> >their license expires, giving them ample notice of course... for various
>>
>> >reasons.
>>
>> >
>> >I would assume there are no real issues from a legal point of view? I am
>> >the one issuing the license (as software owner) and I would therefore be
>> >able to issue to whom I wish too, or not in this case.
>>
>> >
>> >I just wanted to know if there is something I havent thought of and I
>> dont
>> >and up make a tit of myself :-)
>>
>> >
>>
>> >Thanks, Jeremy
>>
>> >
>>
>> >
>>
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