Linked by Thom Holwerda on Mon 14th Apr 2008 21:44 UTC
Apple The website of a Miami-based networking and security solutions reseller became inaccessible Monday, shortly after the company began advertising an unauthorized Mac clone for a fraction of the cost of Apple's cheapest system. Dubbed OpenMac, the USD 400 offering from Psystar Corporation is described as 'a low-cost high-performance computing platform' based on the ongoing OSX86Project - a hacker-based initiative aimed at maintaining a version of the Mac OS X operating system for everyday PCs. The website is back online now, and the machine has been renamed to Open Computer. Update: Psystar says they will continue to sell the Open Computer system, despite the fact that it appears to violate Apple's EULA. "We're not breaking any laws," they insisted.
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Again, you DON'T purchase software, you LICENCE it, and when you agree to the EULA, you are SIGNING a contract with the software company under what conditions the software is being licensed to you for!

So what is it? A license? Or a contract? Can't be both at the same time. Since the misnamed EULA puts restrictions on the end user outside the scope of Copyright law, it must be deemed a contract.

Since it is a contract, most serious countries have safeguards against one sided and unenforceable contracts. On of the stipulations is that a contract needs to be signed by both parties, with a valid signature.

Since clicking OK does not constitute a unique and authentic signature, most EU countries deem shrink wrap EULA's unenforceable.

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