Linked by Thom Holwerda on Sat 4th Jul 2009 00:40 UTC
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Member since:
2005-07-06
You are not buying a license, because the seller gives a copy of the software and the buyer gives money in return. Therefore by defition of the law a you have bought a copy of the software (a cd with content) which you become legal owner of. Note that this is a fundamental concept of a law system based on Roman law: A transaction happens that matches a definition in the law, therefore a legal fact is achieved. In this case, because the transaction matches the definition of "buying a copy", it is suddenly legal fact that you have bought a copy. It doesn't matter at all what seller (Apple) thinks it did. It doesn't matter at all what the EULA says, if it says "licensed not sold" this is nonsense, the very fact that interactions between both parties match the definition of a "sale" means it was "sold, not licensed".
Being your property you can do with your CD what you want, including putting the CD into a computer and doing the installation. This is not prevented by any law. Copyright law will prevent you making copies, but installing does not violate any copyright. Therefore copyright wise, nothing of interrest happens.
Edited 2009-07-07 23:01 UTC