Linked by Thom Holwerda on Fri 14th Aug 2009 22:34 UTC
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[7]: Puzzled By Your Stand?
by tupp on Mon 17th Aug 2009 12:24
in reply to "RE[6]: Puzzled By Your Stand?"
Member since:2006-11-12
The Pystar case is occurring in the USA. A jurisdiction where EULAs have been found to be enforceable in the past.
EULA's have been found to be enforceable in the USA?:
http://arstechnica.com/news.ars/post/20080901-washington-court-deal...
Edited 2009-08-17 12:24 UTC
RE[8]: Puzzled By Your Stand?
by Chicken Blood on Mon 17th Aug 2009 16:20
in reply to "RE[7]: Puzzled By Your Stand?"
Member since:2005-12-21
"The Pystar case is occurring in the USA. A jurisdiction where EULAs have been found to be enforceable in the past.
EULA's have been found to be enforceable in the USA?:
http://arstechnica.com/news.ars/post/20080901-washington-court-deal... "
I'm not sure this selected example of "AT&T's terms of service for long distance" is supposed to disprove my statement. From the Wikipedia article on EULAs : "The enforceability of an EULA depends on several factors, one of them being the court in which the case is heard.". It then goes on to state cases where EULAs were found to be invalid and cases where they were found to be valid. All I'm saying is that a blanket statement that "EULA's are invalid. Period" Does not hold here, as much as any of us may want to think otherwise. We may not like them - doesn't make them invalid.
Certainly, jurisdictions outside of the U.S. do not have any relevance to the Pystar case.
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Member since:
2005-12-21
I'm going to break one of my own most sacred rules, but I have no choice, as the thickness of some people cannot be penetrated with just lower-case.
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.
Got it? "
The Pystar case is occurring in the USA. A jurisdiction where EULAs have been found to be enforceable in the past. If this was happening in the Netherlands (which you are clearly comparing with), you might have a point. Once you understand that, you may think before labeling people as "thick".