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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