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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Koopovereenkomst
by dmantione on Tue 29th Apr 2008 06:27 UTC
dmantione
Member since:
2005-07-06

An EULA might be a valid legal agreement, however, that does not mean the principle "licensed, not sold" mean.

Purchasing software in a store is a purchasing agreement "koopovereenkomst", as meant by the "Burgerlijk Wetboek". If your invoice (legal proof of the "koopovereenkomst") states you bought a MS Office, you have bought (a copy of) MS Office, and not a right to use MS Office.

The findings of the Finish court are not contradictory to what has been written in this article. I'm confident a Dutch court can rule the same, and I'm condifident conditions on the use of software can be made in Finland.

Reply Score: 1

RE: Koopovereenkomst
by tupp on Tue 29th Apr 2008 09:27 in reply to "Koopovereenkomst"
tupp Member since:
2006-11-12

Purchasing software in a store is a purchasing agreement "koopovereenkomst", as meant by the "Burgerlijk Wetboek".

Don't know much about Dutch law, but it sounds like you are referring to laws that apply to all purchases, regardless of any stipulations contained in the separate, private contract that is an EULA.


If your invoice (legal proof of the "koopovereenkomst") states you bought a MS Office, you have bought (a copy of) MS Office, and not a right to use MS Office.

So, given that I bought a copy of MS Office and not the right to use it, what law prevents my right to use it?

Reply Parent Score: 1

RE[2]: Koopovereenkomst
by dmantione on Tue 29th Apr 2008 20:32 in reply to "RE: Koopovereenkomst"
dmantione Member since:
2005-07-06


Don't know much about Dutch law, but it sounds like you are referring to laws that apply to all purchases, regardless of any stipulations contained in the separate, private contract that is an EULA.


Correct, all purchases, regardless wether they are about software, cars or food are subject to the terms in the Burgerlijk Wetboek. They regulate the rights of the buyer (i.e. right of warranty) and the rights of the seller (i.e. right to get paid in a reasonable amount of time).

An invoice is a proof that a purchase agreement between two parties exists, and it states the goods that have been purchased. So, if the invoice states "MS Office", you have purchased (a copy of) MS Office.


So, given that I bought a copy of MS Office and not the right to use it, what law prevents my right to use it?


No law prevents you to use it. Just as no law prevents you reading a book, no law prevents you using software.

However, the software won't install without that you enter in to an agreement, which says you shall use the software only under some conditions. As soon as you click "accept" there exists an agreement between you and Microsoft.

Now back to the purchase agreement. It has to be clear from the start, that you will be bound to usage limitations by means of an EULA. Otherwise you don't know what you buy. So, if it is written on the box that an EULA needs to be accepted, the buyer is fully informed about what he is going to purchase, he knows that he buys a product that will require him to accept an agreement.

If there is nothing on the box, the buyer will get an unexpected surprise when he tries to use the copy of the software he bought. Then he can either nullify the purchase agreement and get his money back, or force the seller to comply to his obligation in the purchase agreement: Supply buyer the product he has been paid for (which would be without EULA in such a case).

Reply Parent Score: 1