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[IANAL]

The big play isn't about ownership. It's about liability.

If you own the tractor and something bad happens, it's product liability. Our intuitions of responsibility go back to the Code of Hammurabi.

If a builder build a house for some one, and does not construct it properly, and the house which he built fall in and kill its owner, then that builder shall be put to death.

If you license the tractor, well that's not quite so intuitive and there's lots of room to argue over the terms of the license rather than the arguing over legal precedent.



Ownership vs license doesn't really have much to do with negligence/torts


[IANAL]

It does in regard to who can have standing. A license can prohibit transfer to a third party by the purchaser.

A license also moves what is provided from product toward service and consequently from defects toward errors and omissions.

The applicable case law is different. The applicable statutes are different. People can't usually sue Microsoft every time Windows crashes.




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