Linked by Thom Holwerda on Fri 25th Apr 2008 15:01 UTC
Legal When PsyStar announced they would be offering their own Macintosch clone, pre-installed with Apple's Mac OS X Leopard, they opened up a whole can of worms. Despite the fact that the company itself was shrouded in mystery and dubiousness, the possible implications of their actions sparkled an interesting debate here on OSNews as well as other discussion venues: can PsyStar and its users just discard Apple's End User License Agreement for Leopard? Instead of relying on my own limited layman's understanding of Dutch Common Law, I decided to contact Dutch legal experts, and ask for their opinions on Apple's EULA, and EULAs in general.
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END USER licence agreement
by mallard on Fri 25th Apr 2008 16:04 UTC
mallard
Member since:
2006-01-06

Don't EULAs only apply to end users? (I remember seeing some case referring to that, but I can't find it now)
Since Psystar is selling the software (and hardware) on, surely the EULA would not apply to them.

Secondly, the article skimmed over the definition of "Apple-labelled computer", assuming it meant "made by apple". Could I not satisfy this requirement simply by scrawling "apple" on a post-it or using one of the stickers that came with my iPod?

Additionally, the legal systems and practices in continental Europe tend to be significantly different, influenced by Roman Law, as opposed to English Law (the system which most influences US Law).
Since English Law tends to take a more literal approach to the interpretation of statutes and contracts, I still find it unlikely that EULAs would be able to satisfy English-based contract law.

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