Linked by Thom Holwerda on Tue 2nd Dec 2008 22:42 UTC, submitted by anon
Legal The legal back-and-forth between Apple and clone-maker PsyStar continues to develop, with the latest news being a move by Apple - the Cupertino company has invoked something with many already predicted Apple would call upon: the DMCA, or the Digital Millenium Copyright Act. This was done in an amendment to the original suit, filed in July this year.
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RE[2]: Um, reaching a bit?
by tupp on Wed 3rd Dec 2008 06:00 UTC in reply to "RE: Um, reaching a bit?"
tupp
Member since:
2006-11-12

*Illegal if you count EULAs as law. Some people of the GNU extremist type will dismiss EULAs, contracts, licenses, copyrights, trade secrets, and anything proprietary as invalid.

The term "illegal" describes something that violates a law.

An EULA is definitely not a law -- it is a private contract, usually unsigned.

A civil contract is definitely not a law -- it is a private agreement between one or more parties.

A civil license is definitely not a law -- licenses are private contracts that grant permissions. However, a license from the government (like a driver's license) can be controlled by laws.

Copyright statutes are definitely laws.

Trade secrets and proprietary entities are definitley not laws.

Got it?

Reply Parent Score: 6

RE[3]: Um, reaching a bit?
by joshv on Wed 3rd Dec 2008 14:27 in reply to "RE[2]: Um, reaching a bit?"
joshv Member since:
2006-03-18

"The term "illegal" describes something that violates a law."

So, breach of contract has no legal repercussions? It is indeed "illegal" to violate even a private contract, as the law specifically dictates that we abide by the contracts we enter in to.

Reply Parent Score: 4

RE[4]: Um, reaching a bit?
by Soulbender on Wed 3rd Dec 2008 14:42 in reply to "RE[3]: Um, reaching a bit?"
Soulbender Member since:
2005-08-18

It is indeed "illegal" to violate even a private contract


The terms "legal" and "illegal" are most commonly used with criminal law, not civil law. It's a bit of a split hair though. It is, however, not a crime to violate a contract.

as the law specifically dictates that we abide by the contracts we enter in to.


It also dictates what can go into a contract and what constitutes valid (or legal, if you wish) contract clauses.
It's not "illegal" to violate an "illegal" contract.

Reply Parent Score: 2

StephenBeDoper Member since:
2005-07-06

So, breach of contract has no legal repercussions? It is indeed "illegal" to violate even a private contract, as the law specifically dictates that we abide by the contracts we enter in to.


Not if a contract is challenged in court and found to be legally-unenforceable.

Reply Parent Score: 2