This article is about new aspects of the never-ending story of how Apple is protecting MacOS X for running on different hardware than Apple's. The keyword is virtualization, which allows running unmodified version of Mac OS X as virtualized instance.
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Member since:2006-03-29
The § I posted are Austrian law. I did not post the text of law here, neither am I a lawyer, so there are likely more § on that matter.
The KSchG handles contracts between a consumer and a corporation. The ABGB on the other hand is in force for everybody.
First on the contract part.
As a consumer you buy something in a store. The contract is that you go to the cash and pay for it. (§ 863 ABGB)
Both, the cashier and the consumer accept the contract, that has to include at least a product and a price, by paying and accepting the money.
In a restaurant the contract would be if you order something.
Everything that should be in the contract has to be mentioned/written down, otherwise it won't be in the contract. So if you order a steak in a normal restaurant and don't say you are vegetarian and wanted a vegetarian "steak" it's your problem.
You have to be able to read AGBs before that -- so that it could be part of the contract -- in a store a big sheet of paper at the cash "These is our AGB", or a note of the cashier should be enough. The AGB would be void if it was only on the back of the bill, because you allready negotiated a contract. So the problem with EULAs is that you see them after you bought the product, after you negotiated the contract.
contracts: § 859 ff ABGB
If you accept the EULA as contract, because you buy something online and there you have to click a "I have read the EULA" button, before you can do so. (in this case it would be an AGB):
§6 KSchG
§ 864a ABGB
§ 879 (3) ABGB
could make some of the points void -- in a court case in fact.
Generally for Austrian consumers it is helpful to contact the "Konsumentenschutz" (a part of the "Arbeiterkammer"), they have lawyers there and they sometimes sue companies because of their AGBs (they can do that because of § 28 f KSchG).
Member since:
2006-01-10
Please do. It's what I'm looking for. I don't trust Wikipedia for such controvercial topics as EULA vs GPL for obvious reasons, so getting actual legal text would be good for understanding it.