[OT] EULA and legality

François Chaplais francois.chaplais at mines-paristech.fr
Tue Sep 11 10:14:16 EDT 2012


Le 11 sept. 2012 à 15:56, Peter Alcibiades a écrit :

> Lynn, the problem is that (I believe) in the EU the EULA so called license is
> actually going to be held, should it ever come to court, as a sale.  And
> that all the post sale restrictions on use will be thrown out.
> 
> I know of no case, and think that is revealing.  It would be really great to
> see a test case brought against someone either for running a purchased copy
> of Windows in a VM when the license says you cannot, or installing OSX into
> a non-Apple machine.  I don't believe there are any, and the reason is, both
> companies know what would happen if they tried.
> 
> As to how Apple etc should be fair to the various factions, that is not an
> issue.  Just do not seek to enforce prohibitions incompatible with the
> jurisdictions in which you operate.
> 
> They are not.  The case is basically being conceded by default.
> 
> A car lease, if you look at it in any detail, is completely different from
> these so called software licenses.  Think about it, one off payments, whose
> books is the asset on, what is the reversion at term....?
> 
> Go into a store and buy OSX or Windows, you bought it.  That, I believe, is
> what any EU court will rule if it ever comes to that, and that, I believe,
> is why it never will come to that.
> 

Jou just *do not* go to to a store and buy OSX or Windows. OX and Windows are NOT for sale. Put that into your brains, trollers.


> 
> 
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