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[3]: Um, reaching a bit?
by joshv on Wed 3rd Dec 2008 14:27 UTC 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

RE[5]: Um, reaching a bit?
by DrillSgt on Wed 3rd Dec 2008 16:21 in reply to "RE[4]: Um, reaching a bit?"
DrillSgt Member since:
2005-12-02

"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."


Finally, someone who has a clue.

That is exactly what this case will determine, the validity and legality of Apple's EULA.

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