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 melkor
by melkor on Sun 27th Apr 2008 13:47 UTC
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I would argue that Dutch contract law (and many other countries) does not make sense, but then again, most *law* does not make common sense.

I would consider being able to only use said software on an Apple computer monopolistic and anti competitive, imagine if Microsoft said you could only use Windows on a MS made machine!!!

For this reason, I consider Apple a greater monopolist than Microsoft, even though it has a smaller market share.

It is quite obvious to me that the laws are made to protect big business, and not the individuals of the state in question, and this is in direct contravention to what a democratic government is elected for! Big business pays big money to buy it's legal way, let's consider the OOXML debacle. Those decisions were made by heads of government business related departments. Odd?

The sooner businesses are removed from the ability to influence governments and thus laws in any way, the better imho.

As an example, I recently posed this very question to Phase One in regards to Capture One pro. As far as they are concerned, I am not allowed to sell my copy of Capture One pro to another individual, i.e. license is not transferable. How unreasonable is this? It is a severe restriction of trade for starters. Why is software the ONLY industry that is not effectively governed by consumer bodies? I mean, let's imagine car manufacturer XYX said you can't resell their car!!! Why should software be any different?

Software laws must be introduced, and it must be policed far heavier than it is now. Software laws MUST be severely evened up to empower the consumer.



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