Linked by Nescio on Mon 9th Mar 2009 08:05 UTC
Apple Numerous irrelevant issues and feelings about them are ventilated in comments on the case. However, there are only two important issues. One is what the law is, the other is what we think the law should be.
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EULA as a second agreement
by aahjnnot on Mon 9th Mar 2009 14:11 UTC
aahjnnot
Member since:
2008-07-24

This article is written from a US perspective, but most common law countries (England, Scotland, Canada, Ireland, Australia, etc) will see things from a similar perspective and would also regard the EULA as a second agreement that Apple is attmepting to enforce post-sale. What's not exactly clear to me is how the EULA can be enforced and what remedy would be available to Apple if I should breach it.

Under English law, a legally enforceable contract requires all of the following: offer, acceptance, consideration (something of value) and an intention to create legally binding relations. It's not remotely clear that all of these conditions are met when I click on the EULA acceptance button; in particular, as no consideration has been exchanged between Apple and me, I cannot see how the agreement could be enforced under our contract law.

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