Re: Ports on Macbook

2009-03-04 Thread Gary Kline
On Tue, Mar 03, 2009 at 01:25:21PM +0100, Bernt Hansson wrote:
 Polytropon said the following on 2009-03-03 03:24:
 On Mon, 02 Mar 2009 20:22:50 +0100, Bernt Hansson be...@bah.homeip.net 
 wrote:
 FBSD UG skrev:
 You're not buying the software, you buy a license to use it on one  
 Apple computer.
 
 Mostly semantics,  if I name my computer APPLE Then it's legal to
 install. Crap, if I buy it I can install it on ANY computer. Does not
 have to be a computer named APPLE it could be IBM, HP or any other
 brand or non brand.
 
 I think an important point is that you loose support from Apple
 if you're not installing Mac OS X on Apple brand hardware.
 
 That may be. But i'm not talking about apple specificly.
 
 As for the license agreement, if you buy Mac OS X from the shelf
 (for example), you've not confirmed any contract-like agreement
 with Apple yet, but you've purchased some rights already, for
 example the right to burn the whole package (not a nice example
 but I'm sure you get the idea); the EULA mentions nothing about
 this (legally possible) behavior.
 
 Well, you have the right to make a backup. Is it that?
 
 The Mac OS X versions sold along with the Hackintosh are no
 illegally pirated copies, they're boxes from the shelf. It's
 up to the customer what to do with it.
 
 Yes. Like with any digital file/s


If this were only true!  ...But as I understand it, corporations like 
the RIAA forbid me from making a backup of a CD  or DVD that I *own*.
(E.g, a 6-CD set of Shostokovich).   Admittedly, it's getting OT to ask 
if it wasn't corporate greed that's causing the Global meltdown, but we
come back to the point if we ask two straightforward questions: 
1. What is ethical?  2. How much is too much?

gary


 
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-- 
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Re: Ports on Macbook

2009-03-04 Thread Michaël Grünewald

Gary Kline a écrit :
	If this were only true!  ...But as I understand it, corporations like 
	the RIAA forbid me from making a backup of a CD  or DVD that I *own*.

(E.g, a 6-CD set of Shostokovich).

While this thread is off-list and is probably annoying many people here, I 
cannot refrain to point out that this kind of discussion is void unless it is 
studied in a given legal system. For example in France, a court may decide that 
a given clause in a EULA is void because it is unfairly restrictive, or because 
the customer was not properly informed, oe because it contradicts current 
usage, or whatever. Companies and particulars can write everything they want, 
this does not make a law.

BTW I would like to point out that the question of validity of EULA is the same 
than the problem of validity of other software licences such as BSD or GPL: any 
of them will only be given a definitive answer in the front of a court.
--
Cheers,
Michaël



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Re: Ports on Macbook

2009-03-03 Thread FBSD UG


On 2 mrt 2009, at 20:22, Bernt Hansson wrote:


FBSD UG skrev:


You're not buying the software, you buy a license to use it on one
Apple computer.


Mostly semantics,  if I name my computer APPLE Then it's legal to
install. Crap, if I buy it I can install it on ANY computer. Does not
have to be a computer named APPLE it could be IBM, HP or any  
other

brand or non brand.



did you sign all Swedish laws then?

How is Apple going to prevent illegal copying?
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Re: Ports on Macbook

2009-03-03 Thread Matthias Apitz
El día Tuesday, March 03, 2009 a las 09:25:03AM +0100, FBSD UG escribió:

 
 On 2 mrt 2009, at 20:22, Bernt Hansson wrote:
 
 FBSD UG skrev:
 
 You're not buying the software, you buy a license to use it on one
 Apple computer.
 
 Mostly semantics,  if I name my computer APPLE Then it's legal to
 install. Crap, if I buy it I can install it on ANY computer. Does not
 have to be a computer named APPLE it could be IBM, HP or any  
 other
 brand or non brand.
 
 
 did you sign all Swedish laws then?
 
 How is Apple going to prevent illegal copying?

Could you please chat this off-topic issues off-list? Thx

matthias
-- 
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Manager Technical Support - OCLC GmbH
Gruenwalder Weg 28g - 82041 Oberhaching - Germany
t +49-89-61308 351 - f +49-89-61308 399 - m +49-170-4527211
e matthias.ap...@oclc.org - w http://www.oclc.org/ http://www.UnixArea.de/
b http://gurucubano.blogspot.com/
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Re: Ports on Macbook

2009-03-03 Thread Da Rock
On Sat, 2009-02-28 at 20:04 +0100, Bernt Hansson wrote:
 Sean Cavanaugh skrev:
  --
  From: Bernt Hansson be...@bah.homeip.net
  Sent: Saturday, February 28, 2009 11:26 AM
  To: Sean Cavanaugh millenia2...@hotmail.com
  Cc: freebsd-questions questi...@freebsd.org
  Subject: Re: Ports on Macbook
  
  Sean Cavanaugh said the following on 2009-02-28 16:25:
  -
  From: Bernt Hansson be...@bah.homeip.net
  Sent: Saturday, February 28, 2009 9:32 AM
  To: FBSD UG free...@rgbaz.eu
  Cc: freebsd-questions questi...@freebsd.org
  Subject: Re: Ports on Macbook
 
  
 
  read the license.
  
  PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (LICENSE) CAREFULLY BEFORE 
  USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY 
  THE TERMS OF THIS LICENSE.
 
 NO. I'm not in any way binded by that eula. Those kind of non agreements
 is not legaly binding in Sweden. I MUST SIGN AN AGREEMENT to be binded
 by it.
 
  http://www.apple.com/legal/sla/macosx.html 
 
 They can write whatever they want. I'm not binded by it.
 

Cool country... :)

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Re: Ports on Macbook

2009-03-03 Thread Da Rock
On Sat, 2009-02-28 at 22:37 -0800, Charles Oppermann wrote:
   That depends on where you are domiciled. Under certain scenarios, simply
   open the box, or installing the software constitutes acceptance of the
   EULA.
 
  Yes I'm aware of that, but that kind of agreement isn't valid in Sweden.
 
 That would be tantamount to allowing software piracy in Sweden.  The Mac OS X 
 license agreements are contained in a PDF file here:
 
 http://images.apple.com/legal/sla/docs/macosx105.pdf
 
 There is a Swedish language agreement for sales in Sweden.  Using on-line 
 translation tools, it appears to be similar to what's already been stated; 
 use of the software consistutes acceptance of the agreement.  If you do not 
 agree, you are requested to return the software.  Presumably, the retail 
 materials contain this agreement, and I'm sure there is digital copy that is 
 presented and must be agreed to before use.
 
 I'm sure that Apple has very good lawyers who drafted the license agreements 
 and are aware of Swedish law.  While what you are doing may or may not be in 
 violation of any licenses, your position that clicking yes or no is not a 
 handshake or oral agreement acording to Swedish law seems dubious and 
 ill-advised.
 
 Consider what you're suggesting:  If EULA's and license agreements simply 
 weren't valid in Sweden, then what would prevent massive piracy from 
 occuring?  I would assume that if license agreements in Sweden weren't 
 enforcable, someone would be setting up their own software copying business.
 

I don't see how one could assume that software piracy (copying software
illegally in this context) would be suddenly legal based simply on the
eula being invalid. EULA's are for the USE of software- not the copying
and selling of those copies of it.

 ...and if that happened, I would expect software companies to change their 
 license agreements in order to prevent it.  
 
  If you are under 18 you can't make any 
  legally binding agreements without your legal guardians permission.
 
 That might be true, but at least in the United States, parents or guardians 
 are usually held responsible.
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Re: Ports on Macbook

2009-03-03 Thread Bernt Hansson

Da Rock said the following on 2009-03-03 12:34:

http://www.apple.com/legal/sla/macosx.html 

They can write whatever they want. I'm not binded by it.



Cool country... :)


It is. Now it's +3 degrees.
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Re: Ports on Macbook

2009-03-03 Thread Bernt Hansson

Polytropon said the following on 2009-03-03 03:24:

On Mon, 02 Mar 2009 20:22:50 +0100, Bernt Hansson be...@bah.homeip.net wrote:

FBSD UG skrev:
You're not buying the software, you buy a license to use it on one  
Apple computer.



Mostly semantics,  if I name my computer APPLE Then it's legal to
install. Crap, if I buy it I can install it on ANY computer. Does not
have to be a computer named APPLE it could be IBM, HP or any other
brand or non brand.


I think an important point is that you loose support from Apple
if you're not installing Mac OS X on Apple brand hardware.


That may be. But i'm not talking about apple specificly.


As for the license agreement, if you buy Mac OS X from the shelf
(for example), you've not confirmed any contract-like agreement
with Apple yet, but you've purchased some rights already, for
example the right to burn the whole package (not a nice example
but I'm sure you get the idea); the EULA mentions nothing about
this (legally possible) behavior.


Well, you have the right to make a backup. Is it that?


The Mac OS X versions sold along with the Hackintosh are no
illegally pirated copies, they're boxes from the shelf. It's
up to the customer what to do with it.


Yes. Like with any digital file/s

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Re: Ports on Macbook

2009-03-03 Thread Bernt Hansson

FBSD UG said the following on 2009-03-03 09:25:


On 2 mrt 2009, at 20:22, Bernt Hansson wrote:


FBSD UG skrev:


You're not buying the software, you buy a license to use it on one
Apple computer.


Mostly semantics,  if I name my computer APPLE Then it's legal to
install. Crap, if I buy it I can install it on ANY computer. Does not
have to be a computer named APPLE it could be IBM, HP or any other
brand or non brand.




did you sign all Swedish laws then?


Kind of way, yes, since I voted in the election 2006


How is Apple going to prevent illegal copying?


They have the copyright laws, as I stated before.
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Re: Ports on Macbook

2009-03-03 Thread Bernt Hansson

Da Rock said the following on 2009-03-03 13:13:

On Sat, 2009-02-28 at 22:37 -0800, Charles Oppermann wrote:

That depends on where you are domiciled. Under certain scenarios, simply
open the box, or installing the software constitutes acceptance of the
EULA.

Yes I'm aware of that, but that kind of agreement isn't valid in Sweden.
That would be tantamount to allowing software piracy in Sweden.  The Mac OS X 
license agreements are contained in a PDF file here:


http://images.apple.com/legal/sla/docs/macosx105.pdf

There is a Swedish language agreement for sales in Sweden.  Using on-line 
translation tools, it appears to be similar to what's already been stated; 
use of the software consistutes acceptance of the agreement.  If you do not 
agree, you are requested to return the software.  Presumably, the retail 
materials contain this agreement, and I'm sure there is digital copy that is 
presented and must be agreed to before use.


I'm sure that Apple has very good lawyers who drafted the license agreements 
and are aware of Swedish law.  While what you are doing may or may not be in 
violation of any licenses, your position that clicking yes or no is not a 
handshake or oral agreement acording to Swedish law seems dubious and 
ill-advised.


Consider what you're suggesting:  If EULA's and license agreements simply 
weren't valid in Sweden, then what would prevent massive piracy from 
occuring?  I would assume that if license agreements in Sweden weren't 
enforcable, someone would be setting up their own software copying business.




I don't see how one could assume that software piracy (copying software
illegally in this context) would be suddenly legal based simply on the
eula being invalid. EULA's are for the USE of software- not the copying
and selling of those copies of it.


Exactly! EULAs is for the use of programs. BUT you can NOT make an 
agreement like MS or apples EULAs or any EULA that reads doing this you 
agree to that


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Re: Ports on Macbook

2009-03-03 Thread Luigi Iannone

The EULA states:

This License will be governed by and construed in accordance with the  
laws of the State of California,..


Since I assume that Sweden has signed international commercial  
agreements with the USA, I think that it odes not matter what the  
Swedish law says about signing or not a license agreement, in this  
specific case the law of California applies.


L.

On Mar 3, 2009, at 13:29 , Bernt Hansson wrote:


FBSD UG said the following on 2009-03-03 09:25:

On 2 mrt 2009, at 20:22, Bernt Hansson wrote:

FBSD UG skrev:


You're not buying the software, you buy a license to use it on one
Apple computer.


Mostly semantics,  if I name my computer APPLE Then it's legal  
to
install. Crap, if I buy it I can install it on ANY computer. Does  
not
have to be a computer named APPLE it could be IBM, HP or any  
other

brand or non brand.




did you sign all Swedish laws then?


Kind of way, yes, since I voted in the election 2006


How is Apple going to prevent illegal copying?


They have the copyright laws, as I stated before.
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RE: Ports on Macbook

2009-03-03 Thread Marc Coyles
  http://www.apple.com/legal/sla/macosx.html
  They can write whatever they want. I'm not binded by it.

This License allows you to install and use one copy of the Apple
Software on a single *Apple-labeled* computer at a time

So, in theory, apply white lx tape to any PC, write APPLE on it
in black marker. That PC is now labelled Apple and you can therefore
use their software on it legally... (?) O_o

Marci


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Re: Ports on Macbook

2009-03-03 Thread michael

Marc Coyles wrote:

http://www.apple.com/legal/sla/macosx.html
  

They can write whatever they want. I'm not binded by it.



This License allows you to install and use one copy of the Apple
Software on a single *Apple-labeled* computer at a time

So, in theory, apply white lx tape to any PC, write APPLE on it
in black marker. That PC is now labelled Apple and you can therefore
use their software on it legally... (?) O_o

Marci
  

playing the semantics game has gotten people in trouble before.
on a side note, Sweden is a member of Interpol, and therefore subject to 
international laws.


#this is specifically to our Swedish friend

http://www.interpol.int/Public/ICPO/Members/default.asp;
http://en.wikipedia.org/wiki/Interpol;
In order to maintain as politically neutral a role as possible, 
Interpol's constitution http://en.wikipedia.org/wiki/Constitution 
forbids its involvement in crimes that do not overlap several member 
countries,^[2] http://en.wikipedia.org/wiki/Interpol#cite_note-1 or in 
any political, military, religious, or racial crimes.^[3] 
http://en.wikipedia.org/wiki/Interpol#cite_note-2 Its work focuses 
primarily on public safety, terrorism 
http://en.wikipedia.org/wiki/Terrorism, organized crime 
http://en.wikipedia.org/wiki/Organized_crime, war crimes 
http://en.wikipedia.org/wiki/War_crimes, illicit drug 
http://en.wikipedia.org/wiki/Illicit_drug production, drug trafficking 
http://en.wikipedia.org/wiki/Drug_trafficking, weapons smuggling 
http://en.wikipedia.org/wiki/Weapons_smuggling, human trafficking 
http://en.wikipedia.org/wiki/Human_trafficking, money laundering 
http://en.wikipedia.org/wiki/Money_laundering, child pornography 
http://en.wikipedia.org/wiki/Child_pornography, white-collar crime 
http://en.wikipedia.org/wiki/White-collar_crime, computer crime 
http://en.wikipedia.org/wiki/Computer_crime, intellectual property 
crime http://en.wikipedia.org/wiki/Intellectual_Property and 
corruption http://en.wikipedia.org/wiki/Political_corruption.


violating laws of more than one member state, in this case the united 
states and anywhere that a stolen copy transfers to in the member states 
constitutes a crime. that being digital or physical media. people have 
already been prosecuted in countries for doing exactly this and arguing 
that their own laws say its not forbidden.

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RE: Ports on Macbook

2009-03-03 Thread Da Rock
On Tue, 2009-03-03 at 12:52 +, Marc Coyles wrote:
   http://www.apple.com/legal/sla/macosx.html
   They can write whatever they want. I'm not binded by it.
 
 This License allows you to install and use one copy of the Apple
 Software on a single *Apple-labeled* computer at a time
 
 So, in theory, apply white lx tape to any PC, write APPLE on it
 in black marker. That PC is now labelled Apple and you can therefore
 use their software on it legally... (?) O_o
 
 Marci

This will be my last comment on this matter as the topic is long
overdrawn. Until crazy people in the US (not all- just the some who
insist on stupid policies) step out of their topsy turvy virtual
realities and into the real world there are going to be semantics like
this.

This should be a simple thing (and I believe the BSD license presents
this- I'll check again to be sure): respect the authors ownership to the
software as a writer, don't come whinging when it doesn't work like you
think it should.

MS and other whack job fools (in an effort to maximise their control and
obtain as much money as they can without much effort) come up with these
stupid, crazy licenses and agreements which in reality can't be
enforced and expect people to live by them. GPL is not much different
here- its only free in a purchasing sense. Licenses limit peoples use of
the software; intellectual property should be honoured (and is through
copyright), but limits are limits and should not be fettered on good
people. (I will point out that I have done ethics studies at uni and I
do understand the ramifications of my comments here) Something you can't
hold in your hands shouldn't be sellable- time on the other hand should
(and can) be. Look at the absolute shambles of the current situation
with the plethora of licenses and the conflicting agreements between
them all, the confusion for the average user and the minefield for the
sysadmins.

What happens when someone does click no and attempts a refund? The
stores will not honour that refund and money is lost by the customer. In
Australia, there is legal precedent that negates a corporation's use of
size and force against a smaller client - currently this being used
against banks and credit card companies, but it would apply here: the
EULA's essentially state say yes or your money will have been wasted.

Not to mention that you pay money for the crappy software full of bugs
and a security nightmare, then pay again for someone to come out and fix
the problems you find! I personally would rather pay for the fix and
skip the initial costs...

RIAA and DMCA and any other acronym against the small single users need
to get a life! Instead of fighting the current go with the flow- it
seems that of late the tide might be finally turning with the
subscription services offered: a step in the RIGHT direction. Now if
only MS and others would take the hint and get a clue as to how the real
world works...

Thats my rant... I'm out of breath :)

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Re: Ports on Macbook

2009-03-03 Thread Andrew Gould
On Tue, Mar 3, 2009 at 7:33 AM, michael michael.copel...@gmail.com wrote:

 Marc Coyles wrote:

 http://www.apple.com/legal/sla/macosx.html


 They can write whatever they want. I'm not binded by it.



 This License allows you to install and use one copy of the Apple
 Software on a single *Apple-labeled* computer at a time

 So, in theory, apply white lx tape to any PC, write APPLE on it
 in black marker. That PC is now labelled Apple and you can therefore
 use their software on it legally... (?) O_o

 Marci


 playing the semantics game has gotten people in trouble before.
 on a side note, Sweden is a member of Interpol, and therefore subject to
 international laws.

 #this is specifically to our Swedish friend

 http://www.interpol.int/Public/ICPO/Members/default.asp;
 http://en.wikipedia.org/wiki/Interpol;
 In order to maintain as politically neutral a role as possible, Interpol's
 constitution http://en.wikipedia.org/wiki/Constitution forbids its
 involvement in crimes that do not overlap several member countries,^[2] 
 http://en.wikipedia.org/wiki/Interpol#cite_note-1 or in any political,
 military, religious, or racial crimes.^[3] 
 http://en.wikipedia.org/wiki/Interpol#cite_note-2 Its work focuses
 primarily on public safety, terrorism 
 http://en.wikipedia.org/wiki/Terrorism, organized crime 
 http://en.wikipedia.org/wiki/Organized_crime, war crimes 
 http://en.wikipedia.org/wiki/War_crimes, illicit drug 
 http://en.wikipedia.org/wiki/Illicit_drug production, drug trafficking 
 http://en.wikipedia.org/wiki/Drug_trafficking, weapons smuggling 
 http://en.wikipedia.org/wiki/Weapons_smuggling, human trafficking 
 http://en.wikipedia.org/wiki/Human_trafficking, money laundering 
 http://en.wikipedia.org/wiki/Money_laundering, child pornography 
 http://en.wikipedia.org/wiki/Child_pornography, white-collar crime 
 http://en.wikipedia.org/wiki/White-collar_crime, computer crime 
 http://en.wikipedia.org/wiki/Computer_crime, intellectual property crime
 http://en.wikipedia.org/wiki/Intellectual_Property and corruption 
 http://en.wikipedia.org/wiki/Political_corruption.

 violating laws of more than one member state, in this case the united
 states and anywhere that a stolen copy transfers to in the member states
 constitutes a crime. that being digital or physical media. people have
 already been prosecuted in countries for doing exactly this and arguing that
 their own laws say its not forbidden.

 ___
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...and legalities aside, let's not forget the question of ethics.

Andrew
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Re: Ports on Macbook

2009-03-03 Thread michael

Andrew Gould wrote:

On Tue, Mar 3, 2009 at 7:33 AM, michael michael.copel...@gmail.com wrote:
  


*snip*

...and legalities aside, let's not forget the question of ethics.

Andrew
  


ethics is like latin, few care. but i agree with you in entirety.

michael

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Re: Ports on Macbook

2009-03-03 Thread Andrew Gould
On Tue, Mar 3, 2009 at 9:00 AM, michael michael.copel...@gmail.com wrote:

 Andrew Gould wrote:

 On Tue, Mar 3, 2009 at 7:33 AM, michael michael.copel...@gmail.com
 wrote:



 *snip*

 ...and legalities aside, let's not forget the question of ethics.

 Andrew



 ethics is like latin, few care. but i agree with you in entirety.

 michael


At least you didn't make a dead language analogy.  ;-)

Andrew
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Re: Ports on Macbook

2009-03-03 Thread michael



Andrew Gould wrote:
On Tue, Mar 3, 2009 at 9:00 AM, michael michael.copel...@gmail.com 
mailto:michael.copel...@gmail.com wrote:


Andrew Gould wrote:

On Tue, Mar 3, 2009 at 7:33 AM, michael
michael.copel...@gmail.com
mailto:michael.copel...@gmail.com wrote:
 



*snip*

...and legalities aside, let's not forget the question of ethics.

Andrew
 



ethics is like latin, few care. but i agree with you in entirety.

michael


At least you didn't make a dead language analogy.  ;-)

Andrew
I was tempted to, but when i considered it, i came to the conclusion 
that it would just lead this thread down another rabbit trail. wrong is 
wrong, no matter your country.

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Re: Ports on Macbook

2009-03-03 Thread Charles Oppermann
On Tue March 3 2009 4:40:37 am Luigi Iannone wrote:
 The EULA states:
 This License will be governed by and construed in accordance with the
 laws of the State of California,..
 Since I assume that Sweden has signed international commercial
 agreements with the USA, I think that it odes not matter what the
 Swedish law says about signing or not a license agreement, in this
 specific case the law of California applies.

In a previous message, I posted the link to the license agreements Apple uses 
for Mac OS.  There is a Swedish language version for Sweden which appears 
basically the same as the United States version, but says that the laws of 
Sweden would apply.
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Re: Ports on Macbook

2009-03-03 Thread Luigi Iannone


On Mar 3, 2009, at 19:07 , Charles Oppermann wrote:


On Tue March 3 2009 4:40:37 am Luigi Iannone wrote:

The EULA states:
This License will be governed by and construed in accordance with  
the

laws of the State of California,..
Since I assume that Sweden has signed international commercial
agreements with the USA, I think that it odes not matter what the
Swedish law says about signing or not a license agreement, in this
specific case the law of California applies.


In a previous message, I posted the link to the license agreements  
Apple uses
for Mac OS.  There is a Swedish language version for Sweden which  
appears
basically the same as the United States version, but says that the  
laws of

Sweden would apply.


Strange, in the english version is clearly stated that translations  
are provided in the sake of clarity but legally only the english one  
count.


Luigi



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Re: Ports on Macbook

2009-03-03 Thread Julian Wissmann


Am 03.03.2009 um 13:40 schrieb Luigi Iannone:

This is not right. The US doesn't recognize the judging of any other  
country according to proskauerguide, nor do any other countries have  
to recognize US law or judging. You are saying that basically every  
country that has signed Internation Commercial Agreement basically  
subordinates their own laws which is not the case. Their own laws come  
first.



The EULA states:

This License will be governed by and construed in accordance with  
the laws of the State of California,..


Since I assume that Sweden has signed international commercial  
agreements with the USA, I think that it odes not matter what the  
Swedish law says about signing or not a license agreement, in this  
specific case the law of California applies.


L.

On Mar 3, 2009, at 13:29 , Bernt Hansson wrote:


FBSD UG said the following on 2009-03-03 09:25:

On 2 mrt 2009, at 20:22, Bernt Hansson wrote:

FBSD UG skrev:


You're not buying the software, you buy a license to use it on one
Apple computer.


Mostly semantics,  if I name my computer APPLE Then it's  
legal to
install. Crap, if I buy it I can install it on ANY computer. Does  
not
have to be a computer named APPLE it could be IBM, HP or  
any other

brand or non brand.




did you sign all Swedish laws then?


Kind of way, yes, since I voted in the election 2006


How is Apple going to prevent illegal copying?


They have the copyright laws, as I stated before.
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Re: Ports on Macbook

2009-03-02 Thread FBSD UG


On 28 feb 2009, at 17:26, Bernt Hansson wrote:


Sean Cavanaugh said the following on 2009-02-28 16:25:

-
From: Bernt Hansson be...@bah.homeip.net
Sent: Saturday, February 28, 2009 9:32 AM
To: FBSD UG free...@rgbaz.eu
Cc: freebsd-questions questi...@freebsd.org
Subject: Re: Ports on Macbook

FBSD UG said the following on 2009-02-28 10:50:


On 27 feb 2009, at 13:39, Sergio de Almeida Lenzi wrote:


Em Sex, 2009-02-27 às 14:45 +0300, z...@zaa.pp.ru escreveu:

On Fri, Feb 27, 2009 at 03:04:09PM +0530, Nataraj S Narayan  
wrote:

Hi

I hear that Mac OS X and later ones are based on FreeBSD. My  
wife is

planning to get a Macbook , which I don't quite approve. Mainly
because we need to pay for any upgrade or new add ons.



Hello...


I use a free version of the Leopard based on darwin (freebsd6)  
named

hackintosh  it is the google,
it is free, and just works...

You can even buy a standard notebook, and install.  I will  
transform

the notebook in an
apple leopard 10.


Tha's, ehm, quite illegal to say the least...


Of course it isn't illegal. You can run any system you like on  
your own hardware.
unless you actually READ the licensing on OSX that says It can only  
be installed on apple brand hardware


It doesn't really matter much what they say in their eula. If i  
bought a copy then i can do/install whatever I want since there  
isn't any agreement between apple and me. For the agreement to be  
binding I must sign a contract with apple.




You're not buying the software, you buy a license to use it on one  
Apple computer.


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Re: Ports on Macbook

2009-03-02 Thread FBSD UG


On 1 mrt 2009, at 07:37, Charles Oppermann wrote:

That depends on where you are domiciled. Under certain scenarios,  
simply
open the box, or installing the software constitutes acceptance of  
the

EULA.


Yes I'm aware of that, but that kind of agreement isn't valid in  
Sweden.


That would be tantamount to allowing software piracy in Sweden.  The  
Mac OS X

license agreements are contained in a PDF file here:

http://images.apple.com/legal/sla/docs/macosx105.pdf

There is a Swedish language agreement for sales in Sweden.  Using on- 
line
translation tools, it appears to be similar to what's already been  
stated;
use of the software consistutes acceptance of the agreement.  If you  
do not
agree, you are requested to return the software.  Presumably, the  
retail
materials contain this agreement, and I'm sure there is digital copy  
that is

presented and must be agreed to before use.

I'm sure that Apple has very good lawyers who drafted the license  
agreements
and are aware of Swedish law.  While what you are doing may or may  
not be in
violation of any licenses, your position that clicking yes or no is  
not a

handshake or oral agreement acording to Swedish law seems dubious and
ill-advised.

Consider what you're suggesting:  If EULA's and license agreements  
simply

weren't valid in Sweden, then what would prevent massive piracy from
occuring?  I would assume that if license agreements in Sweden weren't
enforcable, someone would be setting up their own software copying  
business.


...and if that happened, I would expect software companies to change  
their

license agreements in order to prevent it.


If you are under 18 you can't make any
legally binding agreements without your legal guardians permission.


That might be true, but at least in the United States, parents or  
guardians

are usually held responsible.
___


it's probably why this is happening in Sweden:
http://www.ukfast.co.uk/internet-news/pirate-bay-court-case-starts.html
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Re: Ports on Macbook

2009-03-02 Thread Julian Wissmann

Oh, that didn't go to the list, did it.
I should actually read where I send stuff to, well, anyway.

Suse was bought by Novell a while back as you probably know, but as  
far as I know the Suse team still is located in Nuernberg over here in  
Germany.

They're programmers/geeks whichever you prefer to call it, not lawyers.
So chances are they didn't know about this either when they started  
out, but considering that Yast was closed source for a while they  
probably found out soon.



Am 02.03.2009 um 09:28 schrieb Bernt Hansson:


Julian Wissmann skrev:

An EULA actually in nearly all European Countries and probably most
other countries in the World is not binding.


That's my point. An EULA is just, that. An EULA.


Even in the US it is not
quite clear if an EULA is a valid license agreement.


Can't comment on that.


Also EULAs and
many Licenses actually only apply to US Law, so basically they're not
worth anything anywhere else.


Yes. US law apply to us only.


You couldn't enforce a GPL in Germany or
some other european countries for example, because it is built atop
another legal system with different ideas of how things work.


Interesting! Suse comes to mind, but is suse linux still based in  
germany?



Same
thing applies to EULAs. I read a very interesting article on German  
iX

magazine recently wich was covering this. Don't have access to it
right now though cause I'm on a trip home, so I can't really say much
more about it, but if you want specific details I can post them in a
bout a week.


Take your time. This kind of discussion's come and go.





Am 28.02.2009 um 22:29 schrieb Bernt Hansson:


Chris Rees skrev:

2009/2/28 Bernt Hansson be...@bah.homeip.net:

Lord Blackadder skrev:

Bernt Hansson wrote:

Sean Cavanaugh skrev:

I'm sorry to disappoint you, Bernt, but under Swedish law any
kind of
agreement is legally binding. Even just a handshake.

Yes. But clicking yes or no is not a handshake or oral agreement
acording to Swedish law.



Again, back it up? You're just expecting us to believe your
interpretation of the law.

Who's interpretation are you in comfort with? Your own? Sombody
else, a
lawyer? A pornstar?
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WARNING! E-mail to and from Sweden, or via servers in Sweden, is
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Re: Ports on Macbook

2009-03-02 Thread Chris Rees
2009/3/2 Julian Wissmann julianwissm...@gmail.com:
 Oh, that didn't go to the list, did it.
 I should actually read where I send stuff to, well, anyway.

 Suse was bought by Novell a while back as you probably know, but as far as I
 know the Suse team still is located in Nuernberg over here in Germany.
 They're programmers/geeks whichever you prefer to call it, not lawyers.
 So chances are they didn't know about this either when they started out, but
 considering that Yast was closed source for a while they probably found out
 soon.


 Am 02.03.2009 um 09:28 schrieb Bernt Hansson:

 Julian Wissmann skrev:

 An EULA actually in nearly all European Countries and probably most
 other countries in the World is not binding.

 That's my point. An EULA is just, that. An EULA.

 Even in the US it is not
 quite clear if an EULA is a valid license agreement.

 Can't comment on that.

 Also EULAs and
 many Licenses actually only apply to US Law, so basically they're not
 worth anything anywhere else.

 Yes. US law apply to us only.

 You couldn't enforce a GPL in Germany or
 some other european countries for example, because it is built atop
 another legal system with different ideas of how things work.

 Interesting! Suse comes to mind, but is suse linux still based in germany?

 Same
 thing applies to EULAs. I read a very interesting article on German iX
 magazine recently wich was covering this. Don't have access to it
 right now though cause I'm on a trip home, so I can't really say much
 more about it, but if you want specific details I can post them in a
 bout a week.

 Take your time. This kind of discussion's come and go.




 Am 28.02.2009 um 22:29 schrieb Bernt Hansson:

 Chris Rees skrev:

 2009/2/28 Bernt Hansson be...@bah.homeip.net:

 Lord Blackadder skrev:

 Bernt Hansson wrote:

 Sean Cavanaugh skrev:

 I'm sorry to disappoint you, Bernt, but under Swedish law any
 kind of
 agreement is legally binding. Even just a handshake.

 Yes. But clicking yes or no is not a handshake or oral agreement
 acording to Swedish law.

 Again, back it up? You're just expecting us to believe your
 interpretation of the law.

 Who's interpretation are you in comfort with? Your own? Sombody
 else, a
 lawyer? A pornstar?
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 Sverige, avlyssnas av Försvarets Radioanstalt, FRA.

 WARNING! E-mail to and from Sweden, or via servers in Sweden, is
 monitored by the National Defence Radio Establishment.

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In all fairness, you are posting on a mailing list about software
originating in the US, written in English, with the original post
being a guy from India, and the disputed one being made from a guy in
Spain. How is Swedish law relevant to this discussion, whether it says
what you claim or not?

Chris
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Re: Ports on Macbook

2009-03-02 Thread Polytropon
On Mon, 02 Mar 2009 20:22:50 +0100, Bernt Hansson be...@bah.homeip.net wrote:
 FBSD UG skrev:
  
  You're not buying the software, you buy a license to use it on one  
  Apple computer.
 
 Mostly semantics,  if I name my computer APPLE Then it's legal to
 install. Crap, if I buy it I can install it on ANY computer. Does not
 have to be a computer named APPLE it could be IBM, HP or any other
 brand or non brand.

I think an important point is that you loose support from Apple
if you're not installing Mac OS X on Apple brand hardware.

As for the license agreement, if you buy Mac OS X from the shelf
(for example), you've not confirmed any contract-like agreement
with Apple yet, but you've purchased some rights already, for
example the right to burn the whole package (not a nice example
but I'm sure you get the idea); the EULA mentions nothing about
this (legally possible) behavior.

The Mac OS X versions sold along with the Hackintosh are no
illegally pirated copies, they're boxes from the shelf. It's
up to the customer what to do with it.




-- 
Polytropon
From Magdeburg, Germany
Happy FreeBSD user since 4.0
Andra moi ennepe, Mousa, ...
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Re: Ports on Macbook

2009-03-01 Thread Chris Rees
2009/3/1 Bernt Hansson be...@bah.homeip.net:

 Charles Oppermann skrev:
 That depends on where you are domiciled. Under certain scenarios, simply
 open the box, or installing the software constitutes acceptance of the
 EULA.
 Yes I'm aware of that, but that kind of agreement isn't valid in Sweden.


 http://www.google.se/search?client=firefox-arls=org.mozilla%3Aen-US%3Aofficialchannel=shl=svq=%22Negativ+avtalsbindning%22meta=btnG=Google-s%C3%B6kning
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Ordering software then breaking the seal on a software packaging is
not a negative contract agreement. The customer ordering the product
requested the contract. How is this even relevant?

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Re: Ports on Macbook

2009-02-28 Thread FBSD UG


On 27 feb 2009, at 13:39, Sergio de Almeida Lenzi wrote:


Em Sex, 2009-02-27 às 14:45 +0300, z...@zaa.pp.ru escreveu:


On Fri, Feb 27, 2009 at 03:04:09PM +0530, Nataraj S Narayan wrote:

Hi

I hear that Mac OS X and later ones are based on FreeBSD. My wife is
planning to get a Macbook , which I don't quite approve. Mainly
because we need to pay for any upgrade or new add ons.



Hello...


I use a free version of the Leopard based on darwin (freebsd6) named
hackintosh  it is the google,
it is free, and just works...

You can even buy a standard notebook, and install.  I will transform
the notebook in an
apple leopard 10.


Tha's, ehm, quite illegal to say the 
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Re: Ports on Macbook

2009-02-28 Thread Chris Rees
2009/2/27 Sergio de Almeida Lenzi le...@k1.com.br:
 Em Sex, 2009-02-27 às 14:45 +0300, z...@zaa.pp.ru escreveu:

 On Fri, Feb 27, 2009 at 03:04:09PM +0530, Nataraj S Narayan wrote:
  Hi
 
  I hear that Mac OS X and later ones are based on FreeBSD. My wife is
  planning to get a Macbook , which I don't quite approve. Mainly
  because we need to pay for any upgrade or new add ons.


 Hello...


 I use a free version of the Leopard based on darwin (freebsd6) named
 hackintosh  it is the google,
 it is free, and just works...

 You can even buy a standard notebook, and install.  I will transform
 the notebook in an
 apple leopard 10.

 It is a DVD of 4Gb..


 Sergio



Not only is that not what the OP is asking for, you're making us look
like criminals. Save your warez talk for other places please.

Chris
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Re: Ports on Macbook

2009-02-28 Thread Bernt Hansson

FBSD UG said the following on 2009-02-28 10:50:


On 27 feb 2009, at 13:39, Sergio de Almeida Lenzi wrote:


Em Sex, 2009-02-27 às 14:45 +0300, z...@zaa.pp.ru escreveu:


On Fri, Feb 27, 2009 at 03:04:09PM +0530, Nataraj S Narayan wrote:

Hi

I hear that Mac OS X and later ones are based on FreeBSD. My wife is
planning to get a Macbook , which I don't quite approve. Mainly
because we need to pay for any upgrade or new add ons.



Hello...


I use a free version of the Leopard based on darwin (freebsd6) named
hackintosh  it is the google,
it is free, and just works...

You can even buy a standard notebook, and install.  I will transform
the notebook in an
apple leopard 10.


Tha's, ehm, quite illegal to say the 
least...


Of course it isn't illegal. You can run any system you like on your own 
hardware.

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Re: Ports on Macbook

2009-02-28 Thread Sean Cavanaugh



--
From: Chris Rees utis...@googlemail.com
Sent: Saturday, February 28, 2009 9:31 AM
To: Sergio de Almeida Lenzi le...@k1.com.br
Cc: FreeBSD Mailing List freebsd-questions@freebsd.org; FreeBSD Mailing 
List freebsd-po...@freebsd.org

Subject: Re: Ports on Macbook


2009/2/27 Sergio de Almeida Lenzi le...@k1.com.br:

Em Sex, 2009-02-27 às 14:45 +0300, z...@zaa.pp.ru escreveu:


On Fri, Feb 27, 2009 at 03:04:09PM +0530, Nataraj S Narayan wrote:
 Hi

 I hear that Mac OS X and later ones are based on FreeBSD. My wife is
 planning to get a Macbook , which I don't quite approve. Mainly
 because we need to pay for any upgrade or new add ons.



for simple clarification. OSX is built on top of Darwin which is BASED on 
FreeBSD, but is not BSD. its BSD code built on top of the Mach kernel.
Ports are just the source code for the programs yer looking for anyway so 
there's nothing stopping you from doing stuff like installing OpenOffice or 
Gimp under OSX.
I've seen people replace the Quartz interface with Gnome before.  overall Im 
with you in abstaining from anything with the name apple attached to it 
since its all overpriced underpowered crap. 


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Re: Ports on Macbook

2009-02-28 Thread Sean Cavanaugh

-
From: Bernt Hansson be...@bah.homeip.net
Sent: Saturday, February 28, 2009 9:32 AM
To: FBSD UG free...@rgbaz.eu
Cc: freebsd-questions questi...@freebsd.org
Subject: Re: Ports on Macbook


FBSD UG said the following on 2009-02-28 10:50:


On 27 feb 2009, at 13:39, Sergio de Almeida Lenzi wrote:


Em Sex, 2009-02-27 às 14:45 +0300, z...@zaa.pp.ru escreveu:


On Fri, Feb 27, 2009 at 03:04:09PM +0530, Nataraj S Narayan wrote:

Hi

I hear that Mac OS X and later ones are based on FreeBSD. My wife is
planning to get a Macbook , which I don't quite approve. Mainly
because we need to pay for any upgrade or new add ons.



Hello...


I use a free version of the Leopard based on darwin (freebsd6) named
hackintosh  it is the google,
it is free, and just works...

You can even buy a standard notebook, and install.  I will transform
the notebook in an
apple leopard 10.


Tha's, ehm, quite illegal to say the least...


Of course it isn't illegal. You can run any system you like on your own 
hardware.



unless you actually READ the licensing on OSX that says It can only be 
installed on apple brand hardware 


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Re: Ports on Macbook

2009-02-28 Thread Bernt Hansson

Sean Cavanaugh said the following on 2009-02-28 16:25:

-
From: Bernt Hansson be...@bah.homeip.net
Sent: Saturday, February 28, 2009 9:32 AM
To: FBSD UG free...@rgbaz.eu
Cc: freebsd-questions questi...@freebsd.org
Subject: Re: Ports on Macbook


FBSD UG said the following on 2009-02-28 10:50:


On 27 feb 2009, at 13:39, Sergio de Almeida Lenzi wrote:


Em Sex, 2009-02-27 às 14:45 +0300, z...@zaa.pp.ru escreveu:


On Fri, Feb 27, 2009 at 03:04:09PM +0530, Nataraj S Narayan wrote:

Hi

I hear that Mac OS X and later ones are based on FreeBSD. My wife is
planning to get a Macbook , which I don't quite approve. Mainly
because we need to pay for any upgrade or new add ons.



Hello...


I use a free version of the Leopard based on darwin (freebsd6) named
hackintosh  it is the google,
it is free, and just works...

You can even buy a standard notebook, and install.  I will transform
the notebook in an
apple leopard 10.


Tha's, ehm, quite illegal to say the least...


Of course it isn't illegal. You can run any system you like on your 
own hardware.



unless you actually READ the licensing on OSX that says It can only be 
installed on apple brand hardware


It doesn't really matter much what they say in their eula. If i bought a 
copy then i can do/install whatever I want since there isn't any 
agreement between apple and me. For the agreement to be binding I must 
sign a contract with apple.

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Re: Ports on Macbook

2009-02-28 Thread Sean Cavanaugh

--
From: Bernt Hansson be...@bah.homeip.net
Sent: Saturday, February 28, 2009 11:26 AM
To: Sean Cavanaugh millenia2...@hotmail.com
Cc: freebsd-questions questi...@freebsd.org
Subject: Re: Ports on Macbook


Sean Cavanaugh said the following on 2009-02-28 16:25:

-
From: Bernt Hansson be...@bah.homeip.net
Sent: Saturday, February 28, 2009 9:32 AM
To: FBSD UG free...@rgbaz.eu
Cc: freebsd-questions questi...@freebsd.org
Subject: Re: Ports on Macbook


FBSD UG said the following on 2009-02-28 10:50:


On 27 feb 2009, at 13:39, Sergio de Almeida Lenzi wrote:


Em Sex, 2009-02-27 às 14:45 +0300, z...@zaa.pp.ru escreveu:


On Fri, Feb 27, 2009 at 03:04:09PM +0530, Nataraj S Narayan wrote:

Hi

I hear that Mac OS X and later ones are based on FreeBSD. My wife is
planning to get a Macbook , which I don't quite approve. Mainly
because we need to pay for any upgrade or new add ons.



Hello...


I use a free version of the Leopard based on darwin (freebsd6) named
hackintosh  it is the google,
it is free, and just works...

You can even buy a standard notebook, and install.  I will transform
the notebook in an
apple leopard 10.


Tha's, ehm, quite illegal to say the least...


Of course it isn't illegal. You can run any system you like on your own 
hardware.



unless you actually READ the licensing on OSX that says It can only be 
installed on apple brand hardware


It doesn't really matter much what they say in their eula. If i bought a 
copy then i can do/install whatever I want since there isn't any agreement 
between apple and me. For the agreement to be binding I must sign a 
contract with apple.




read the license.

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (LICENSE) CAREFULLY BEFORE 
USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY 
THE TERMS OF THIS LICENSE.
http://www.apple.com/legal/sla/macosx.html 


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Re: Ports on Macbook

2009-02-28 Thread Chris Rees
2009/2/28 Bernt Hansson be...@bah.homeip.net:
 Sean Cavanaugh skrev:
 --
 From: Bernt Hansson be...@bah.homeip.net
 Sent: Saturday, February 28, 2009 11:26 AM
 To: Sean Cavanaugh millenia2...@hotmail.com
 Cc: freebsd-questions questi...@freebsd.org
 Subject: Re: Ports on Macbook

 Sean Cavanaugh said the following on 2009-02-28 16:25:
 -
 From: Bernt Hansson be...@bah.homeip.net
 Sent: Saturday, February 28, 2009 9:32 AM
 To: FBSD UG free...@rgbaz.eu
 Cc: freebsd-questions questi...@freebsd.org
 Subject: Re: Ports on Macbook



 read the license.

 PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (LICENSE) CAREFULLY BEFORE
 USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY
 THE TERMS OF THIS LICENSE.

 NO. I'm not in any way binded by that eula. Those kind of non agreements
 is not legaly binding in Sweden. I MUST SIGN AN AGREEMENT to be binded
 by it.

 http://www.apple.com/legal/sla/macosx.html

 They can write whatever they want. I'm not binded by it.

 --
 Varning! E-post till och från Sverige, eller som passerar servrar i
 Sverige, avlyssnas av Försvarets Radioanstalt, FRA.

 WARNING! E-mail to and from Sweden, or via servers in Sweden, is
 monitored by the National Defence Radio Establishment.
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Care to back that up?

Chris

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Re: Ports on Macbook

2009-02-28 Thread Chris Rees
 NO. I'm not in any way binded by that eula. Those kind of non agreements
 is not legaly binding in Sweden. I MUST SIGN AN AGREEMENT to be binded
 by it.

That.
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Re: Ports on Macbook

2009-02-28 Thread Chris Rees
2009/2/28 Bernt Hansson be...@bah.homeip.net:
 Lord Blackadder skrev:
 Bernt Hansson wrote:
 Sean Cavanaugh skrev:
 --
 From: Bernt Hansson be...@bah.homeip.net
 Sent: Saturday, February 28, 2009 11:26 AM
 To: Sean Cavanaugh millenia2...@hotmail.com
 Cc: freebsd-questions questi...@freebsd.org
 Subject: Re: Ports on Macbook

 Sean Cavanaugh said the following on 2009-02-28 16:25:
 -
 From: Bernt Hansson be...@bah.homeip.net
 Sent: Saturday, February 28, 2009 9:32 AM
 To: FBSD UG free...@rgbaz.eu
 Cc: freebsd-questions questi...@freebsd.org
 Subject: Re: Ports on Macbook
 read the license.

 PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (LICENSE) CAREFULLY BEFORE
 USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY
 THE TERMS OF THIS LICENSE.
 NO. I'm not in any way binded by that eula. Those kind of non agreements
 is not legaly binding in Sweden. I MUST SIGN AN AGREEMENT to be binded
 by it.

 http://www.apple.com/legal/sla/macosx.html
 They can write whatever they want. I'm not binded by it.

 I'm sorry to disappoint you, Bernt, but under Swedish law any kind of
 agreement is legally binding. Even just a handshake.

 Yes. But clicking yes or no is not a handshake or oral agreement
 acording to Swedish law.

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Again, back it up? You're just expecting us to believe your
interpretation of the law.

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Re: Ports on Macbook

2009-02-28 Thread Chris Rees
2009/2/28 Bernt Hansson be...@bah.homeip.net:
 Chris Rees skrev:
 NO. I'm not in any way binded by that eula. Those kind of non agreements
 is not legaly binding in Sweden. I MUST SIGN AN AGREEMENT to be binded
 by it.

 That.

 OK.

 http://www.marknadsdomstolen.se/


I can't find anything on that site referring to that. I'm off now
anyway, perhaps I'll reply in the morning if there's any real proof.

Chris

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Re: Ports on Macbook

2009-02-28 Thread Chris Rees
2009/2/28 Bernt Hansson be...@bah.homeip.net:
 Chris Rees skrev:
 2009/2/28 Bernt Hansson be...@bah.homeip.net:
 Lord Blackadder skrev:
 Bernt Hansson wrote:
 Sean Cavanaugh skrev:

 I'm sorry to disappoint you, Bernt, but under Swedish law any kind of
 agreement is legally binding. Even just a handshake.

 Yes. But clicking yes or no is not a handshake or oral agreement
 acording to Swedish law.


 Again, back it up? You're just expecting us to believe your
 interpretation of the law.

 Who's interpretation are you in comfort with? Your own? Sombody else, a
 lawyer? A pornstar?


That passage says that any agreement with the knowledge of the
relationship in good faith is valid.

Where does it mention the difference between a click-through licence
and an oral agreement? I'm getting bored of your deflection, and I'm
sure everyone else is.

Though a test case would be nice. Has anyone been lunatic enough to
try taking it to court? Otherwise a clicked Yes counts as an
agreement made in good faith.

Chris
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Re: Ports on Macbook

2009-02-28 Thread Jerry
On Sat, 28 Feb 2009 17:26:57 +0100
Bernt Hansson be...@bah.homeip.net wrote:

[snip]

It doesn't really matter much what they say in their eula. If i bought
a copy then i can do/install whatever I want since there isn't any 
agreement between apple and me. For the agreement to be binding I must 
sign a contract with apple.

That depends on where you are domiciled. Under certain scenarios, simply
open the box, or installing the software constitutes acceptance of the
EULA.

-- 
Jerry
ges...@yahoo.com

According to my best recollection, I don't remember.

Vincent Jimmy Blue Eyes Alo


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Description: PGP signature


Re: Ports on Macbook

2009-02-28 Thread perryh
Chris Rees googlemail.com!utis...@agora.rdrop.com wrote:

 That passage says that any agreement with the knowledge of the
 relationship in good faith is valid.

 Where does it mention the difference between a click-through
 licence and an oral agreement?

With apologies to a certain former U.S. President, that may depend
on the definitions of the terms.  Does someone who simply clicks
yes, without actually reading the license first, have knowledge
of the relationship?  Does someone who clicks yes, while having
no intention to comply with the terms, act in good faith?

For that matter, does Apple -- having never met the clicker in
person or even on line -- have knowledge of the relationship?

 Though a test case would be nice. Has anyone been lunatic
 enough to try taking it to court?

Given the nature of the situation, I'd think the only party likely
to take it to court would be Apple.  You seem to be saying that
they would be crazy to do so.  I suspect the OP would agree :)

 Otherwise a clicked Yes counts as an agreement made in good faith.

Are you qualified to give legal advice concerning Swedish law?

I am not, but I would guess that you could well be right *if* Sweden
has adopted something similar to DMCA; otherwise I am not so sure.
(I don't suppose the U.S. would have adopted DMCA unless it had been
thought to produce substantially different results than the previous
copyright law.)
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Re: Ports on Macbook

2009-02-28 Thread Polytropon
I don#t want to interrupt. I just like to say that this kind of
discussion already took place.

On Sat, 28 Feb 2009 17:45:45 -0800, per...@pluto.rain.com wrote:
 Does someone who simply clicks
 yes, without actually reading the license first, have knowledge
 of the relationship?

Can Your Cat Agree to an EULA?
http://www.osnews.com/comments/21010



-- 
Polytropon
From Magdeburg, Germany
Happy FreeBSD user since 4.0
Andra moi ennepe, Mousa, ...
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Re: Ports on Macbook

2009-02-28 Thread Charles Oppermann
  That depends on where you are domiciled. Under certain scenarios, simply
  open the box, or installing the software constitutes acceptance of the
  EULA.

 Yes I'm aware of that, but that kind of agreement isn't valid in Sweden.

That would be tantamount to allowing software piracy in Sweden.  The Mac OS X 
license agreements are contained in a PDF file here:

http://images.apple.com/legal/sla/docs/macosx105.pdf

There is a Swedish language agreement for sales in Sweden.  Using on-line 
translation tools, it appears to be similar to what's already been stated; 
use of the software consistutes acceptance of the agreement.  If you do not 
agree, you are requested to return the software.  Presumably, the retail 
materials contain this agreement, and I'm sure there is digital copy that is 
presented and must be agreed to before use.

I'm sure that Apple has very good lawyers who drafted the license agreements 
and are aware of Swedish law.  While what you are doing may or may not be in 
violation of any licenses, your position that clicking yes or no is not a 
handshake or oral agreement acording to Swedish law seems dubious and 
ill-advised.

Consider what you're suggesting:  If EULA's and license agreements simply 
weren't valid in Sweden, then what would prevent massive piracy from 
occuring?  I would assume that if license agreements in Sweden weren't 
enforcable, someone would be setting up their own software copying business.

...and if that happened, I would expect software companies to change their 
license agreements in order to prevent it.  

 If you are under 18 you can't make any 
 legally binding agreements without your legal guardians permission.

That might be true, but at least in the United States, parents or guardians 
are usually held responsible.
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Re: Ports on Macbook

2009-02-28 Thread Adam Vande More

Charles Oppermann wrote:

That depends on where you are domiciled. Under certain scenarios, simply
open the box, or installing the software constitutes acceptance of the
EULA.
  

Yes I'm aware of that, but that kind of agreement isn't valid in Sweden.



That would be tantamount to allowing software piracy in Sweden.  The Mac OS X 
license agreements are contained in a PDF file here:


http://images.apple.com/legal/sla/docs/macosx105.pdf

There is a Swedish language agreement for sales in Sweden.  Using on-line 
translation tools, it appears to be similar to what's already been stated; 
use of the software consistutes acceptance of the agreement.  If you do not 
agree, you are requested to return the software.  Presumably, the retail 
materials contain this agreement, and I'm sure there is digital copy that is 
presented and must be agreed to before use.


I'm sure that Apple has very good lawyers who drafted the license agreements 
and are aware of Swedish law.  While what you are doing may or may not be in 
violation of any licenses, your position that clicking yes or no is not a 
handshake or oral agreement acording to Swedish law seems dubious and 
ill-advised.


Consider what you're suggesting:  If EULA's and license agreements simply 
weren't valid in Sweden, then what would prevent massive piracy from 
occuring?  I would assume that if license agreements in Sweden weren't 
enforcable, someone would be setting up their own software copying business.


...and if that happened, I would expect software companies to change their 
license agreements in order to prevent it.  

  
If you are under 18 you can't make any 
legally binding agreements without your legal guardians permission.

This list is great for many reasons.  This thread is not one of them.  
Trying to convince people to use Hackintosh is about as ridiculous as 
using on-line translation tool to deliver a rendition on Swedish law.


Surely there is a better forum to debate this?  Like off-list...
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Re: Ports on Macbook

2009-02-27 Thread Sergio de Almeida Lenzi
Em Sex, 2009-02-27 às 14:45 +0300, z...@zaa.pp.ru escreveu:

 On Fri, Feb 27, 2009 at 03:04:09PM +0530, Nataraj S Narayan wrote:
  Hi
  
  I hear that Mac OS X and later ones are based on FreeBSD. My wife is
  planning to get a Macbook , which I don't quite approve. Mainly
  because we need to pay for any upgrade or new add ons.


Hello...


I use a free version of the Leopard based on darwin (freebsd6) named
hackintosh  it is the google,
it is free, and just works... 

You can even buy a standard notebook, and install.  I will transform
the notebook in an
apple leopard 10.  

It is a DVD of 4Gb..


Sergio

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