[OT] EULA and legality

Bob Sneidar bobs at twft.com
Wed Sep 12 11:15:28 CDT 2012


Do you know what the US Supreme Court would say if we brought all this before them? "Has there ever been a case where Apple enforced this part of the EULA you object to? No? Then get out of our courtroom and stop wasting our time." Courts in the US cannot rule on something unless there is a case pending that is being appealed. 

My point is, all this is moot until Apple (or anyone) tries to enforce the particular bit of the EULA some object to. I have a way of looking at the law that some of you may have heard before. Think of three great pillars upon which a platform rests, large enough to support a city. One pillar is called Legislation, another Enforcement, the third Prosecution. 

If any one of these pillars fail, the other two fail. Where no law is codified, nothing can be enforced or prosecuted. Where no enforcement is actively pursued, no legislation will have any effect, as no violators will ever be taken to task. Where no prosecution is undertaken, no legislation or enforcement will have any weight, as there will be no consequence. 

Until Apple and Microsoft or anyone else never choose to actively catch and enforce their EULA's, or enforce the particular bits of their EULA's we may have an issue with, there is no point in belaboring the issue. Has anyone ever been taken to court for running Windows in a VM? I honestly don't know, but if the answer is no, then why fret? 

Bob


On Sep 12, 2012, at 6:45 AM, Kay C Lan wrote:

> On Wed, Sep 12, 2012 at 9:24 PM, Richard Gaskin
> <ambassador at fourthworld.com>wrote:
> 
>> 
>> That's one question, and it may be interesting to see how it plays out if
>> Apple ever enforces the "Apple branded hardware" clause in their EULA.
>> 
>> Why is it assumed that Apple must be the one to go to court to enforce
> it's rule.
> 
> If the EULA is so horribly unethical then why isn't there are groundswell
> of anti-EULA sentiment. It certainly worked for the Focebook ToCs that
> caused a public outcry last year, and they were subsequently changed. Apple
> had a similar episode with it's iBooks EULA and it was subsequently changed.
> 
> Millions of people, including many all over Europe are more than happy to
> abide by the EULA as it stands now.
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