Linked by Thom Holwerda on Wed 20th May 2009 13:27 UTC
Hardware, Embedded Systems Hot on the heels of the Russians, we have another clone maker popping up, this time in fish & chips country: Freedom PC. "Powerful and versatile, environmentally friendly yet inexpensive computer systems compatible with any and all of the main operating systems: Mac OS X, Linux or Windows. So YOU can decide which one to use for what YOU want to do. And we give you a choice of models, too - from the low priced and good looking office machine, the ideal choice for business, to the high powered, sleek, gaming media centre. All, with the operating system of your choice pre-installed - or none at all - at prices accessible to all." They offer various models pre-installed with Windows, Linux, or Mac OS X.
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RE[6]: Comment by darknexus
by Gunderwo on Thu 21st May 2009 07:11 UTC in reply to "RE[5]: Comment by darknexus"
Gunderwo
Member since:
2006-01-03

Calm down buddy. Maybe you should look a little deeper before you start getting all worked up. But seeing as how you're a little too jumpy for that allow me to explain in more detail.

Student Copies: Student copies are sold as such. The box clearly states that the copy is for students only and then there is generally some sort of documentation indicating what constitutes a student. Hence student copies aren't determined by some clause in a EULA, the box itself tells you you must be a student to use it. Also, In order to determine the legality of charging a different amount of money to different people the courts would have to decide if there are any sort of constitutional rights being violated by segmenting a market by your educational status. Precedents such as charging different amounts for seniors or children may be brought up. All the above are unique circumstances to the case of selling student copies.

Upgrade copies: One would need to ask how is the software determining that there is an existing installation. Is it using software detection? Has a user done something to circumvent or fake an old copy? Is altering software to satisfy the condition acceptable? See a whole another *SEPARATE* set of circumstances.

So yes these 2 arguments you have brought forth are not *EXACTLY* the same. I have just listed several circumstances that are different for both and I likely have only scratched the surface. So yes, if you would like to believe that because one clause in the EULA being overturned would also mean that other similar clauses will be null and void then you are "throwing the baby out with the bath water." And trying to bring up these other similar but not exactly the same examples is making a straw man argument because those cases really have nothing to do with the case that is being discussed.

Sorry I wasn't clear enough Kawai, you generally seem to be pretty good at thinking things through but apparently you're a little off tonight because to anyone with a modicum of logic would understand that these are not identical cases.

Edited 2009-05-21 07:15 UTC

Reply Parent Score: 3