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It's not a contract as such. And no, I'm not bound by it in Denmark.
According to copyright law in Denmark and court rulings, patching is considered fair use.
This is why DeCSS is legal. It's considered breaking into your own apartment. Weird, but not illegal.
Whatever the situation is in USA it DOES NOT apply in Denmark and most other european countries.
In Denmark it is perfectly legal to buy a PC, buy a license for Mac OS X, download PearPC, install it, and run Mac OS X inside PearPC.
Whether Apple likes this or not does not matter at all.
The EULA violates danish law.
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"you have no legal entittlement to the software you LICENSE, you do not own the software and therefore Apple has every right to tell you what you can and can not do, you have agreed to a license, and in most contries a license is a legally binding contract, so no, you're wrong Apple can stop you modifying their software."
As usual, this is completely confused. Apple has indeed sold you a copy of the software, and you can indeed do what you want with it, subject to local law on copyright and cracking. Now, as to Eulas, in some countries, Eulas in themselves do constitute a valid contract.
That does not mean that any clause contained in a Eula is enforceable however.
Whether it is enforceable depends on whether it falls foul of consumer protection legislation and anti trust legislation. In the EC the informed view is that clauses which try to enforce post sales restrictions on use are just about always unenforceable on both counts. It may be that there are some exceptions to do with health and safety. But the kind of restriction that says, only on my hardware, while it is technically possible to use it with other hardware, or only with my gasoline, when all gasoline is the same, or only in my cd players, when all cdplayers will play it.... all that sort of thing is unenforceable.
Apple with OSX is in exactly the same situation as MS with Office. Just as MS will never be able to stop you running Office under Wine, so Apple will never be able to stop you running a bought copy of X on whatever you want. Not purely by post sales restrictions on use. Whether they can do it technically is a whole other question.





Member since:
2005-06-29
no offence but what dont people understand you have no legal entittlement to the software you LICENSE, you do not own the software and therefore Apple has every right to tell you what you can and can not do, you have agreed to a license, and in most contries a license is a legally binding contract, so no, you're wrong Apple can stop you modifying their software.