Linked by Thom Holwerda on Fri 14th Aug 2009 22:34 UTC
Law and Order We've got some intriguing news about the Apple vs. Psystar case. The depositions where Apple asked questions to Psystar are now over, and now it's time for Psystar to hold depositions of several people in the very highest echelons in Apple. Psystar's new lawyer team takes a more open approach to the lawsuit, and has now published the list of Apple people that will be testifying, and is also asking for community input.
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RE[2]: Owning and licencing
by OSGuy on Sat 15th Aug 2009 13:20 UTC in reply to "RE: Owning and licencing"
OSGuy
Member since:
2006-01-01

The EULA is a post-sale restriction, and those are not enforceable in many jurisdictions. If Apple wants the EULA to be valid, they'll have to present it to me as part of the sales agreement. If not, then it is not valid.


Exactly my thoughts but this should not apply to Apple only. This rule should be applied to all software companies. What's the use of an EULA when you have to open up the packet in order for you to read the license ? When you open up a software packet there are *no* refunds or exchanges unless the disc is faulty and only then it may only be swapped for the same title. So you have no choice.

My solution? Have the disc enclosed in a sealed CD case within the carton box and have the license printed out separately and put it in the box (outside the sealed CD). The software key will be inside the sealed case with the CD and the license outside. I think some companies already do this?

This way, you can return the software even if the box is open because the sealed CD case is still brand new.

Edited 2009-08-15 13:27 UTC

Reply Parent Bookmark Score: 3

RE[3]: Owning and licencing
by darknexus on Sat 15th Aug 2009 18:18 in reply to "RE[2]: Owning and licencing"
darknexus Member since:
2008-07-15

Not good enough. They should present the eula as a part of the sale, not in the box but before you are able to purchase the software at least in the case of retail stores. I don't know many who still buy their software that way, but I'm sure some do. In any case, it should be presented at the time of sale and the customer would have to agree before they could purchase the software. The reason for this is that in many places, like here in the U.S, if you pay for an item and request a refund it can take weeks if not months to actually receive that refund, or often you will simply get store credit instead of a refund and they are under no obligation to give you a refund if their policy says store credit. This situation would need to be avoided, and requiring the eula be verified prior to purchase is the only way I can think of to avoid it.

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RE[3]: Owning and licencing
by dmantione on Sat 15th Aug 2009 21:20 in reply to "RE[2]: Owning and licencing"
dmantione Member since:
2005-07-06

My solution? Have the disc enclosed in a sealed CD case within the carton box and have the license printed out separately and put it in the box (outside the sealed CD). The software key will be inside the sealed case with the CD and the license outside. I think some companies already do this?


Wouldn't help, it still would be a post-sale restriction. The industry will have to start selling software like it sells televisions: Without unexpected surprises for the consumer. There is no legal need for the "license" at all; the software industry needs to learn how to treat its customers with respect rather than wanting to take away their rights.

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