Asked for so much and given so little in return...

[CrazedClerkthe2nd]

My company has raised our sales goals again. They've also made other changes like adding several more items to our daily cleaning tasks, increased the number of weekly inventory checks we must do and expanded our loyalty program and put even more pressure on us to get sign ups.

The new program is going to feature a free loyalty card, so we're under orders to give them to ABSOLUTELY EVERYONE who steps foot in our store.

My manager also encouraged us to take some off time and use it to learn more about upcoming games and accessories. He assured us he was not "asking" us to work unpaid, he was just making a "suggestion".

And for all these new requirements of us what do I get in return? NOTHING

A big fat zero. No extra pay, no extra hours, no commissions, no free games, no extra benefits whatsoever.

As I was being told about this, my manager wondered aloud why the only two full time employees in our store (who also get the best pay and best benefits) seem to be the only ones really giving it their all lately.

Gee, I don't have a clue why that could be...

[Hyndis]

I imagine things are going to very shortly get much, much worse for you.

http://arstechnica.com/tech-policy/n...e-licenses.ars

This means that it is currently illegal to sell used software. I imagine the business model is going to need to be drastically changed, or the entire business is going to go down the tubes.

[Irving Patrick Freleigh]

That's a U.S. Supreme Court decision. OP is in Canada, IIRC.

[Whiskey]

As I was being told about this, my manager wondered aloud why the only two full time employees in our store (who also get the best pay and best benefits) seem to be the only ones really giving it their all lately.

Gee, I don't have a clue why that could be...

I think what you're trying to infer here that a decent rate of pay and a good benefits package encourages employees to do more for their employer? Thats crazy talk!

[CrazedClerkthe2nd]

That's a U.S. Supreme Court decision. OP is in Canada, IIRC.

WAS in Canada. I've been living in the U.S. since mid 2008.

I think what you're trying to infer here that a decent rate of pay and a good benefits package encourages employees to do more for their employer? Thats crazy talk!

To put in simpler terms: If they want ME to work harder, they should at least do something to make it worth my while to do so.

[Pedersen]

This means that it is currently illegal to sell used software. I imagine the business model is going to need to be drastically changed, or the entire business is going to go down the tubes.

Actually, no, it doesn't. It means that, if you live in the jurisdiction of the Ninth Circuit, and you buy a program that has an end user license agreement, and that license states that you may not resell the software, and you have already accepted the license (by installing said software), then you may not resell the software.

Very few console games have such a license, and even fewer require the user to agree to the license. In other words, places such as the one the OP works in are completely unaffected by this ruling.

[Hyndis]

Actually, no, it doesn't. It means that, if you live in the jurisdiction of the Ninth Circuit, and you buy a program that has an end user license agreement, and that license states that you may not resell the software, and you have already accepted the license (by installing said software), then you may not resell the software.

Very few console games have such a license, and even fewer require the user to agree to the license. In other words, places such as the one the OP works in are completely unaffected by this ruling.

Nearly every PC game on the market has a EULA, and even consoles have a EULA too.


Article 14: Sale, Transfer and Assignment Prohibited

You may not assign all or any part of this agreement or sell or transfer any Content or your Wii Shop Account to any third party. Any attempt by you to do so is void.
http://www.nintendo.com/consumer/sys...rivacyEULA.jsp



This will be a very interesting legal situation, as the very existence of several companies are at stake. The court ruling basically shuts down these sorts of companies that sell used games. Possibly even the rental market as well.

[Pedersen]

Nearly every PC game on the market has a EULA, and even consoles have a EULA too.

The EULA for the Wii Store covers any content you download. It can legally prevent you from transferring the stuff you download on the Wii to someone else. Things it cannot do include: Preventing your reselling your Wii to someone else. Preventing you selling your on disc games to someone else. Probably quite a bit more.

Why? Because at least one of the following conditions was not met:

Actually, no, it doesn't. It means that, if you live in the jurisdiction of the Ninth Circuit, and you buy a program that has an end user license agreement, and that license states that you may not resell the software, and you have already accepted the license (by installing said software), then you may not resell the software.

Since the Wii device is hardware, it won't be covered by this ruling. Instead, it will be covered by first sale doctrine.

The discs are software. However, they do not get installed onto the internal storage of the console. You play them from the disc. Therefore, no installation occurs. You were not required to accept (or even be aware of) any form of EULA to play the game you bought. Since you have not accepted a EULA, they're not going to be able to force you to abide by its terms.

Therefore, console games (and I don't mean the downloadable content, since that can and does have a EULA that you would have to accept to even access) are going to be protected from this ruling, at least until such time as the manufacturers start including a EULA that you must take action to accept when you insert the disc.

PC games are screwed provided that they have a clause in their EULA specifically forbidding any resale at all. The clauses I have seen require that the user uninstall the game from everywhere it might have ever been installed before transfer.

Finally, this ruling only applies to the Ninth Circuit. This covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington. For the rest of the country, First Sale doctrine still applies, and will continue to do so until at least the time SCOTUS hears the case. Pretty likely they will, too, since this ruling is likely to influence similar cases in other circuits, and seems to run contrary to previous rulings regarding First Sale.

For now, at least, it will continue to be business as usual. And companies that might possibly be affected by this ruling are going to be filing amicus curiae briefs left, right, and center.

EDIT TO ADD: Oh, for frak's sake. I finally sat down and spent five minutes reading, and this whole issue is even dumber than I thought.

Vernor bought copies of AutoCard from CTA. CTA got upgrade copies of AutoCad under condition that they destroy the old copies. CTA agreed, then turned around and sold those copies to Vernor instead. Vernor was in possession of unlicensed material. In other words, they didn't own what they were selling. This has now gone to the point of being a complete non-issue. It won't affect First Sale at all. If you need an in-depth explanation, I'll give it. Suffice to say that the courts decided properly in this instance.

[draco664]

It won't affect First Sale at all. If you need an in-depth explanation, I'll give it. Suffice to say that the courts decided properly in this instance.

Which of course begs the question why (since this was an appeal against an earlier decision) the first court found differently...

It just goes to show that taking someone to court has less to do with the law and more to do with who has the better lawyer.

[malmalthekiller]

I think what you're trying to infer here that a decent rate of pay and a good benefits package encourages employees to do more for their employer? Thats crazy talk!

Nooooo it isn't. They'll just keep a revolving door of underpaid staff that they'll have to retrain after the last ones get fed up with working for assholes.

Makes sense.