Linked by Thom Holwerda on Tue 28th Jul 2009 22:21 UTC
Hardware, Embedded Systems We haven't discussed Psystar in a while, have we? In case you've been living under a rock for a while, Psystar is a Mac clone maker entrenched in a legal battle with Apple. Recently, Psystar changed lawyers, and today they posted a vigorous entry on their website about how ready they are for the fight with Apple.
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RE[8]: Comment by Moulinneuf
by middleware on Wed 29th Jul 2009 15:26 UTC in reply to "RE[7]: Comment by Moulinneuf"
middleware
Member since:
2006-05-11

None of the cases you raised was really render EULA illegal. In all cases there was other more decisive factor to let judges made decision. For example, in Adobe's case, the EULA's legality is not the decisive reason, the reason is the EULA is not applied because the software was not installed.

And no contract is agreed by reading. It is agreed by something made independently after reading and understanding. OK, my EULA may be something you need pay me by replying this. Just kidding.

Reply Parent Score: 1

RE[9]: Comment by Moulinneuf
by Adam S on Wed 29th Jul 2009 15:29 in reply to "RE[8]: Comment by Moulinneuf"
Adam S Member since:
2005-04-01

Honest question: if no contract is agreed by reading, as you say, then how does one agree to a EULA?

The answer cannot be "when you install it," because the installation can be automated, and if that's not reasonable, then certainly you'd agree that the discs can be resold before they are used.

Reply Parent Score: 1

RE[10]: Comment by Moulinneuf
by middleware on Wed 29th Jul 2009 15:41 in reply to "RE[9]: Comment by Moulinneuf"
middleware Member since:
2006-05-11

Do you mean non-interactive installation by "be automated"? But I don't see in any case I experienced the installation is automated, for every PC and Mac I purchased and my friends purchased, it always ask you press a button to agree or reject the EULA. I believe any automated installation solution, like managing a big cluster, should make user aware of what they need to agree. So "being automated" is not necessarily means you have to agree by reading. And I think Apple will not have any problem if Pystar just sell uninstalled OS X.

Reply Parent Score: 1