Linked by Thom Holwerda on Wed 22nd Oct 2008 07:33 UTC
Earlier this week we reported on the court case between Apple and PsyStar, stating they went into settlement negotiations. Details, however, were sparse. The law firm representing PsyStar has now replied to the matter, and there's good news for those of us who hope to see crazy EULA clauses tested in court.
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Member since:
2005-12-02
"If apple win this in a judgment there will then be precident to enforce all EULAs! I fear that will turn into a free for all.."
Actually no. Some EULA's have already been tested in court and proved valid. Each EULA is it's own entity, and will need to be tested separately. The most this will do is test Apple's EULA, nothing more.
http://en.wikipedia.org/wiki/ProCD_v._Zeidenberg
Note that "clicking through" has been legally enforced as valid.
Some of you really need to read this link. Precedents have already been set. Granted this is only in the US, however that is where this case will be tried.