Australian Consumer Law and Roon License questions

Possible, but doesn’t look likely. Roon seems to have zero interest in updating the ROCK platform and is purely interested in the Nucleus sales.
Let’s face it, Nuc 11 has been out for a few years now and Nuc 10 is obsolete. Yet, even after a couple of years, I’ve had multiple updates to Roon yet no Rock update.
I no longer recommend Roon and have since streamed direct to my DCS network bridge via tidal connect to the dCS mosaic app. Also gives me better sound.
Unfortunately, I believe, with the release of Nucleus, Roon has lost some intentions of being a software company only to now having hardware interests, so why would they want to update a free open platform like Rock? Highly disappointing from my point of view. I will soon endeavour to sell my license as it is now a music search engine at best.

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I believe you will find in the small print that you are not actually allowed to “sell on” your license . This has been discussed many times here and Roon Management have commented on it (Somewhere)

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Roon’s Nucleus is almost as old as the software. Roon is first and foremost a music software company.

This is illegal, if you care.

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Illegal? That’s a laugh. What, are the police going to knock on my door and handcuff me? If Roon can’t update their software to operate efficiently and effectively on current operating systems, then I’m allowed to sell on a defunct app. I paid for it, it’s mine, and I’ll sell it.

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Maybe a bit brash. I’ll see how I feel in the morning. All I know is, by Australian consumer law, I’m allowed to sell my license.

Impunity shouldn’t be the deciding factor about committing illegal acts.

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If I own the product, I’m within my rights to sell it.

I’m afraid you don’t “own” the product; you are granted a license to use it, and the license is not transferable. From the Terms and Conditions:

1.1 Subject to the terms and conditions of this License you are hereby granted a limited non-exclusive, non-transferable license to use the Roon Software and the Documentation on the terms of this License.

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Maybe an Ozzian attorney can weigh in. @andybob, care to comment?

You cannot sell a license to use Roon. If you did, Roon could disable it.

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I’d be interested to see what the consumer laws in my country would dictate.

I’d be very interested.

The Australian Consumer Law contains consumer guarantees in relation to the supply of goods or services that cannot be contracted out of, even by foreign suppliers. Computer software is defined as goods.

Section 51 describes the guarantee as to title, which is limited as set out in s.51(2) and (3):

51 Guarantee as to title
(1) If a person (the supplier ) supplies goods to a consumer there is a guarantee that the supplier will have a right to dispose of the property in the goods when that property is to pass to the consumer.
(2) Subsection (1) does not apply to a supply if an intention that the supplier of the goods should transfer only such title as the supplier, or another person, may have:
(a) appears from the contract for the supply; or
(b) is to be inferred from the circumstances of that contract.
(3) This section does not apply if the supply is a supply by way of hire or lease.

A contractual licence to use software has been held to be a hire of goods without a bailment (bailment means a transfer of possession) for the purposes of the ACL (see [143] to [150] of Edelman J’s (as he then was) judgment in ACCC v Valve). Justice Edelman was Professor of the Law of Obligations at Oxford and now sits on the High Court. When you are able to relevantly cite a 1673 authority in a discussion about computer software you know you’re a pretty good lawyer.

Section 51 is directed to the title the consumer receives, rather than the title they can pass, but a hirer of goods doesn’t own them and, ordinarily, cannot pass title.

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Leaving aside the illegality of selling your licence, your point regarding Roon only having hardware interests makes no sense. Roon for Mac is currently in beta testing prior to being released as an ARM native version, while Roon on PC and Linux has been updated to run on .NET rather than Mono. There are hundreds of thousands of people using this software, which continues to be developed. I don’t know how many people own a Nucleus, nor how many more they expect to sell, but I suspect it’s a tiny percentage of the user base.

If you can no longer play music from your core you should raise a support ticket :wink:

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I’ve been asked to step in a few times on this matter, and although I’ve made similar statements elsewhere on our community site, I will reaffirm our position on this.

Our license agreement states in plain language that the license is not transferrable. If we determine a license was transferred, the new owner would be in jeopardy of being in violation of the terms and the license in question could be disabled at any time.

No one is stopping you from selling your license, but I could imagine that only an uninformed person would buy it anywhere near sticker price, and you’d be taking advantage of their ignorance.

It’s also worth noting that violations of our Terms and Conditions occur daily and the most we ever do is terminate licenses, when possible. A small company like ours can not afford to spend too much time on these matters.

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ROCK works on the supported models, and it is well documented here that the NUC11 doesn’t support legacy boot. If you purchased an upsupported model, the onus is on you for not doing your research.

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FWIW I can’t see how to justify this argument. Roon’s a broad church covering well heeled appliance buyers through to inveterate “tinkerers” like myself. You can run the software on a huge variety of kit in some shape or form. This does have support implications, if everyone used a Nucleus/ROCK diagnosis of faults would be an easier job.

@Glen_Goodwin , Roon sells ONE piece of hardware the Nucleus. They are most certainly a software company, with far more software offerings than the Nucleus. BTW, your license isn’t transferable or sellable.

Fire up some music and enjoy. Cheers.

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illegal!!! give me a break

What about respecting the developers and their choice of licence agreement, to which you agreed as well?

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