[OT] EULA and legality

Peter Alcibiades palcibiades-first at yahoo.co.uk
Tue Sep 11 09:56:28 EDT 2012

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.

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