OSNews

Software is a service: acquiring a CD of software is not the same as acquiring usage rights to that software.

Actually, software is a product. It was just recently reported here that there's a case in the US where a person was selling forward the software he had bought and court said it was indeed legal as the software was a product, not a service.

It's the same here in Finland too; several years ago already a similar case went to the court and the judge clearly ruled that software sold as a product is a product, not a service. If they wanted it to be a service they'd have to market and sell it as a service.

This is a double-edged sword: if apple cannot enforce their right to license how they want, should open source licensing be also be unenforceable.

Apples and oranges. You apparently don't understand the difference so I'll explain: open-source licenses are all based on the copyright law. They grant you permission to use and distribute copyright work; a permission you would not have without the license.

Commercial EULAs however try to imply that copyright law also allows you to dictate how, where and when your work can be used. The problem is that that is not part of the copyright law. Copyright law only handles about making copies of and distribution of copyright work, not how one can use it after one has legally obtained it.