Dr Lobster* wrote:
DJGM wrote:
As I'm sure you're aware, a software license agreement,
or end user license agreement IS a legally binding contract.
not so. just because a license agreement says that you "can't" do something with their software doesn't
actually make doing it illegal. sure, you might break the agreement, but that doesn't make it illegal
If EULA documents are not a legally binding contracts, then what's the point of their existence?
Dr Lobster* wrote:
for example, i could put a clause in one of my own software license agreements which stated
that it could not be installed on a pc which isn't in a black case. would installing it on a pc with
a beige case be breaking the law? no. it's the same thing.
You could put that clause in if you wanted, but it's a very silly clause that would almost certainly be challenged.
If such a clause lead to any legal action, either from you against one of your customers, or vice versa, I'd be
willing to bet the whole case would "laughed out of court", as they say.
Dr Lobster* wrote:
indeed, several courts in the united states (software license agreements haven't really been
tested here in the uk) have found that certain terms within license agreements to be invalid.
not only that, but some territories have completely different laws with regards to shrink
wrapped license agreements. i recall reading that in at least one country
they are not enforceable at all because the user doesn't have a chance
to see the agreement before make the purchase.
Actually, (at least in the case of Apple) you do have the chance to read the license agreement before you go
to your nearest Apple Store or Apple Authorised Re-seller, and purchase a copy of Mac OS X (no, not osx).
Apple publish all their current and recent Software License Agreements on the Apple website. They can
be read at anytime by anyone with internet access -
http://apple.com/legal/sla/ <== clicky there.
Dr Lobster* wrote:
it is probably technically possible to actually install or extract the files from the osx cd without
actually clicking "i agree" therefore not actually agreeing to the license agreement
(and therefore not actually breaking it)
Well, you don't know for sure until you try it.
Dr Lobster* wrote:
and anyway, could i not slap an apple sticker on my pc? it doesn't say i *can't*...
This License allows you to install and use one copy of
the Apple Software on a single Apple-labeled computer at a time.
doesn't say
apple manufactured, it says
apple labeled. i can just stick an
apple label on it and i've not even broken the unenforcable license agreement.
as long as i have enough licenses for the number of computers i've got it installed
on, i fail to see how that is breaking the exact terms of their license agreement.
You
might have a point with that. So, go ahead, buy a copy of Mac OS X for MacIntels, buy an Apple logo
sticker from eBay (or download a copy of the Apple logo and make one yourself) stick the Apple on your
regular, non-Apple branded PC, and have a go at installing Mac OS X on it. Then contact Apple, tell
them what you've done, and challenge them to take legal action against you
But don't reverse engineer the software, as that would be breaking the Software License Agreement,
whether it's legally enforcable or not. But, like I said earlier ... if software licenses agreements are
not enforceable by law, then what really is the point of the existence of such documents?
Meanwhile ... all this talk of whether software license agreements are legal or not is surely off-topic from
the subject of this thread. Could that part of the discussion be split into it's own seperate thread?