In the US not all licenses are transferable, and that includes things like “accounts”.
That’s maybe a service that you can’t transfer but it’s still holding property of the account holder. More like escrow.
As to lawyers, well, they aren’t hiring lawyers to follow the intent of the law but to write terms that they think they might get away with, at least for a while, and if not, not be nailed for fraud or such. Corporate lawyers are just as slimy in the EU as they are elsewhere.
The lawyers are definitely there to protect the company. No lawyer is ever there to follow the intent of the law, because it’s the letter that matters in almost every circumstance.
Knowingly adding an illegal term to the terms of the agreement is a great way to not only fail to protect the company, because the entire thing might get tossed out, but to risk professional consequences.
Even the Microsoft terms of service say “non-transferable unless you’re in Germany or other EU jurisdiction where such clauses are unenforceable”.
That’s maybe a service that you can’t transfer but it’s still holding property of the account holder. More like escrow.
As to lawyers, well, they aren’t hiring lawyers to follow the intent of the law but to write terms that they think they might get away with, at least for a while, and if not, not be nailed for fraud or such. Corporate lawyers are just as slimy in the EU as they are elsewhere.
I don’t know what to tell you beyond “in the US, not all licenses are transferable”. Different countries have different laws.
It’s a pretty well trod area of law, so it’s not really contentious that it’s a legal license term in the US.
https://www.shadesofgraylaw.com/2009/12/14/cant-transfer-this/ is an example. It’s less tested for consumers.
The lawyers are definitely there to protect the company. No lawyer is ever there to follow the intent of the law, because it’s the letter that matters in almost every circumstance.
Knowingly adding an illegal term to the terms of the agreement is a great way to not only fail to protect the company, because the entire thing might get tossed out, but to risk professional consequences.
Even the Microsoft terms of service say “non-transferable unless you’re in Germany or other EU jurisdiction where such clauses are unenforceable”.