[OT] EULA and legality

[François Chaplais]

Pay yourself a lawyer, Peter, instead of trolling this list. It's not a judge's opinion on the law, but it is better than your mixture of ill supported arguments.
Le 12 sept. 2012 à 14:59, Peter Alcibiades a écrit :

> The question isn't whether EULAs are contractually enforceable.  As a class,
> the answer is that they are.  That means that consenting to them can lead to
> a valid entry into a contract.  CAN.  That is not an issue.
> 
> The question is whether some particular terms in a contract, whether entered
> into by EULA or other means, are enforceable and lawful in the jurisdiction
> one lives in.
> 
> It is my belief, and i'd be very interested to hear of cases on this either
> way, that in the EU under the terms under which OSX and Windows are sold,
> they are sold and not licensed.  Regardless of what is in the EULA, and
> regardless of whether the delivery is accompanied by a signed assent to the
> EULA or a click through. 
> 
> I also believe that post sale restrictions on use are unenforceable in the
> EU.  Regardless of whether they occur in a EULA or in a condition of sale
> document which one signs.  I don't believe anyone can sell you a CD recorder
> and stipulate in the conditions of sale that you only use their own brand
> blanks.  For instance.  I don't believe Wolfcraft can stipulate as a
> condition of sale that you shall not use someone else's hoe attachment.  Or
> the hose and tap people can stipulate as a condition of sale that you shall
> not connect someone else's tap or coupler to theirs.  
> 
> Just because a given form of entry into a contract may be OK, it does not
> follow that all contracts entered into in this way are valid and binding. 
> its not really about EULAs.  Its about the law in your country and the
> clause.
> 
> In the EU, for instance, one can swear a contract in which he gives up his
> consumer protection rights in exchange for an extended warranty or some
> other reason.  The act is not valid, because it is contrary to consumer
> protection law, and you do not have the power to do that.  It will not be
> enforceable. 
> 
> What is needed is an EU case in which either running the thing in a VM or on
> the wrong sort of hardware was ruled breach of contract and some kind of
> ruling made.  I don't know of one.  Maybe someone else does.  Lets hear it.
> 
>