[OT] EULA and legality

Kay C Lan lan.kc.macmail at gmail.com
Fri Sep 7 20:59:57 EDT 2012


And people complain that Apple is a walled garden. I've never had that
happen with any Apple products.

As Peter said, unless you live in the State of California, then this
portion of the EULA would apply:

i. The laws of the State of California, excluding its conflicts of law
rules, govern this license and your use of the Licensed Application. Your
use of the Licensed Application may also be subject to other local, state,
national, or international laws.

Isn't this where MS came unstuck a while back with Explorer being embedded
in Windows? If I remember, the Europeans were particular upset about it.

The recent uproar about the iBooks EULA (and I guess Facebook's similar
wording about a year ago) also suggest that just because a lawyer writes
it, doesn't mean that when blatantly silly, the user community can't have
it changed.

There is also the classic case of the Apple EULA stating that you can't
install Apple Software on non-Apple labeled hardware, This included Safari
for Windows! It was ages before anyone actually read the EULA and
discovered Apple's attempt to break IE's dominance was illegal based on
it's own EULA :-)

Which I guess suggests that no one actually reads EULAs, including the
Company or it's lawyers that wrote it.

On Sat, Sep 8, 2012 at 4:41 AM, Colin Holgate <coiin at verizon.net> wrote:

> In the case of Windows, it's sensitive to the machine it's running on. A
> couple of times I've had to get in contact with Microsoft because I had
> increased the size of my hard drive, switched from using Fusion to
> Parallels (or vice versa), or upgraded my Mac. In those kinds of cases the
> OS stops working, and you have to get them to reactivate you. I dare say it
> would be a similar thing if you changed the motherboard on a PC. What I'm
> referring to may only happen in Vista and later, I don't think XP or
> Windows 2000 had the same kind of activation system.
>
> With OSX I think you only have the question of whether you care about
> disregarding the license, the software should work.
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