1.25.2008

Business Case Is...?

I'm trying to understand why in the world Fuji feels it is necessary to have a EULA on a camera. What's the legal basis? I'm going to sue you for someone taking a picture with your camera? That didn't work against the gun people...

"Fujifilm UVIR Digital Camera USA End User License Agreement:By breaking the packaging seal you acknowledge your understanding and acceptance of Fujifilm's Ultraviolet (UV) and/or Infrared (IR) sensitive digital camera firmware End User License Agreement. The camera firmware contained in each system package is fully activated to engage the camera's UV and/or IR capabilities and ready for use. No other firmware modifications are necessary in order to activate the camera's UV and/or IR wavelength sensitive CCD. THIS LICENSE IS NON-TRANSFERABLE. You hereby acknowledge and agree that your use of the camera's UV and/or IR light energy sensitive capabilities, as enabled by Fujifilm's camera firmware, will be purely to accomplish a legitimate business purpose in the medical, forensic, fire investigative, law enforcement, scientific, systems integrators, museum/antiquity, aerial photographic survey, astronomy, professional nature and fine art photography, photographic education and local and federal government markets. In addition, you further agree not to use the camera's hardware and firmware enabled capabilities to engage in unethical photographic conduct involving the violation of personal privacy, child endangerment, lewd photography, and or paparazzi like activities. "

link: http://www.fujifilmusa.com/JSP/fuji/epartners/proPhotoProductIS-Pro.jsp?NavBarId=item870325

Want to use this camera to take photos of your car for your website? Sorry, you can't do it. Want to use this camera to take folk art photos? Nope.
Want to use this camera to take photos for a tribal government? Nope.
UN Office of whatever, want to take pictures of a red light district full of human traffic victims? Sorry, go find a Kodak.

So, obviously, Fuji is insane.

But why the hell would you want to do this? There's arguments to be made that by writing this kind of agreement, you've said it is ok to use your OTHER Fuji cameras (w/o this EULA) for illegal uses... and that Fuji is ok with that. The EULA isn't just dumb, it opens them up to liability.

The EULA also says you can't resell your camera.

I don't get it.

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