Linked by Thom Holwerda on Fri 25th Apr 2008 15:01 UTC
Legal When PsyStar announced they would be offering their own Macintosch clone, pre-installed with Apple's Mac OS X Leopard, they opened up a whole can of worms. Despite the fact that the company itself was shrouded in mystery and dubiousness, the possible implications of their actions sparkled an interesting debate here on OSNews as well as other discussion venues: can PsyStar and its users just discard Apple's End User License Agreement for Leopard? Instead of relying on my own limited layman's understanding of Dutch Common Law, I decided to contact Dutch legal experts, and ask for their opinions on Apple's EULA, and EULAs in general.
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Comment by puenktchen
by puenktchen on Fri 25th Apr 2008 17:11 UTC
puenktchen
Member since:
2007-07-27

you can't speak of dutch "common law" - common law is the british case law and the derived law systems. iirc the dutch burgerlijk wetboek has been inspired by the napoleonic code civil which is heavily influenced by roman law.

psystar should move over to europe. i'm quite sure they'd be safe from apple's lawyers wrath in all member states of the european union because coupling two products together like this is illegal according to european competition and consumer laws.

ed: so the eula would even been illegal if the buyer signed it at the purchase.

Edited 2008-04-25 17:13 UTC

Reply Score: 1

RE: Comment by puenktchen
by Thom_Holwerda on Fri 25th Apr 2008 19:30 in reply to "Comment by puenktchen"
Thom_Holwerda Member since:
2005-06-29

you can't speak of dutch "common law" - common law is the british case law and the derived law systems. iirc the dutch burgerlijk wetboek has been inspired by the napoleonic code civil which is heavily influenced by roman law.


The best translation I could find of burgerlijk recht (=civil law) was common law. Adding the adjective "Dutch" makes it clear it's not English Common Law I'm speaking of.

But yes, the term is troublesome.

Reply Parent Score: 1

RE[2]: Comment by puenktchen
by puenktchen on Sat 26th Apr 2008 18:13 in reply to "RE: Comment by puenktchen"
puenktchen Member since:
2007-07-27

The best translation I could find of burgerlijk recht (=civil law) was common law.


why not just civil law?

Reply Parent Score: 2