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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alcibiades
Member since:
2005-10-12

"....you will need to prove to a judge that those parts are unreasonable...."

No, not in the US or the UK or probably Australia etc. You will only have to prove that those clauses are incompatible with either competition law or consumer protection law. In the UK, that will be the Sale of Goods Act and successors, the Competition Act, and also the law on unfair contracts. Unfair in Common Law is not the same as unreasonable in Code Napoleon.

Not a lawyer, but I don't think it has a hope of flying in the UK - the restraint, that is.

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