Linked by Thom Holwerda on Sat 4th Jul 2009 00:40 UTC
Hardware, Embedded Systems Now this is interesting news that hit my inbox at 2:22 AM (don't ask). It seems like the concept of selling Mac clones is more lucrative than many have anticipated, as I've just been informed via email that the German PearC has expanded its business into the BeNeLux (Belgium, The Netherlands, Luxembourg) and France. Together with the news that Psystar emerged from chapter 11, it looks like the market for Mac clones is more lucrative than many of us had imagined.
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WereCatf
Member since:
2006-02-15

In most countries post-sale means on delivery of the product. The product in question being the physical medium and the service it delivers. You may have noticed you don't get the service if you don't agree to the contract but are free to return the product.

Subscribing to a service and buying a product are two different concepts. And as Thom already said, EULAs can't dictate post-sale restrictions in many European countries. Here in Finland atleast if the EULA tries to limit what hardware you can use in combination with the product, whether you are allowed to sell your copy of the product when you don't need it anymore or such similar clauses then those clauses are rendered invalid. And yes, it has already been tested in court.

Reply Parent Score: 2

gustl Member since:
2006-01-19

Totally true.

In Austria, Microsoft wanted to keep stores from selling OEM software without accompanying hardware.

It turned out, that the highest court told Microsoft to go weeping in the cellar. The resellers are selling CDs. That is it. They do not sign a contract with Microsoft when they resell any OEM Software with a funny sticker on it saying "only for use with accompanying hardware" or some such.

And the same is with the EULA. A customer can rightly challenge any terms of the EULA which are to his disadvantage, because the Software was ADVERTIZED and SOLD without the disadvantages you might only discover when reading the EULA.

More so, you might have bought some hardware, in the expectation to use it with OS-X. Because of this you did took compatible hardware which was 50,- € more expensive than the cheapest but otherwise comparable hardware. Now you buy at a different store an OS-X CD, and at the time of installation you find out, that you are not allowed to use it on that hardware.

Now you bring back the OS-X CD and get your money back. So far no damage.
But if you now want to bring back the hardware, to get something equally fast, but cheaper by the afore mentioned 50,- €, you are out of luck. Because the hardware vendor does NOT have to take back the hardware. So in effect, the customer was screwed over for an amount of at least 50,- €.

Many countries in the EU will not let the customer stumble into such a situation. If you want to put restrictions on the ways how to use your product, make those terms clear whenever the contract is signed, not afterwards.

Reply Parent Score: 2