Linked by Thom Holwerda on Wed 2nd Sep 2009 19:20 UTC
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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Member since:
2005-07-27
The MDY v Blizzard case didn't deal with legal arguments related to shrink-wrap licenses (most of the legal arguments in fact didn't touch contract law - they focused on copyright law, and DMCA in specific).
The two Gateway cases (Klocek v Gateway and Brower v Gateway if my memory serves well) clearly underscores the lack of a consensus in the judiciary on shrinkwrap licenses.
I'd agree that the courts will probably rule that shrinkwrap licenses being legal contracts (business efficacy argument), but I don't think it is a settled issue. Therefore, it could go either way.