Linked by Thom Holwerda on Wed 2nd Sep 2009 19:20 UTC
Legal Apple has responded to Psystar's new lawsuit today, stating that it is nothing but a stall tactic on Psystar's end. While I could just paraphrase whatever the filing reads, I decided to take this opportunity to address a number of sentiments and analogies often made in comment threads (not necessarily on OSNews).
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RE: Are you serious?
by Drumhellar on Wed 2nd Sep 2009 20:45 UTC in reply to "Are you serious?"
Drumhellar
Member since:
2005-07-12

It's not rubbish, those are all very valid points. Did you even apply critical thought to the article, or did you just respond in the most Apple-friendly way?

They are all valid points, but the most important point is the validity of the EULA. Restricting use of a PURCHASED product after sale is against the Uniform Commercial Code. While such restrictions aren't illegal for something that is truly leased or licensed, software is not exchanged in that manner. They are regular purchases, just like a book, a shirt, or a cheeseburger. Whether or not Apple calls it a lease is irrelevant. The manner of purchase is what is important, and several courts have agreed that buying software is a sale and not a lease or license.

The Softman v. Adobe case is probably the best and most recent example of such thinking. However, I think the judge was incredibly short-sighted in his decision. While he nearly says EULAs are not enforcible due to the type of transaction involved, Softman was distributing software in a way where the EULA was never presented or agreed to, and because of this, he wrote that the decision should not be used to say anything about the legality or validity of EULAs in general.
I think that is a shame. Ruling that EULAs are not valid would have done so much good for both consumers and the computer industry in the US, at least until the lobbyists wrote a new law allowing enforcement.

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