Uhm not so much ....
Even in the EU I imagine you still have to deal with the transferring of such licenses, just as when you sell a car you must transfer the title, you must transfer the license when selling software from one party to another, so its not just "unbundling" as many developers do require a fee to be paid to transfer a license and that fee may exceed the cost of the software to the OEM and therefore the original end user.
Also, none of what you say about the "trade restrictions" applies to your conclusions about Mac OS X Family Pack.
Apple is not breaking any trade restriction by requiring you to license each product. Also note that courts on both sides of the pond have upheld the fact that the end user license of a previous version can not apply to a future version unless it states that it grants such license to future versions.
Otherwise someone could legally claim that their EULA that was included with their Macintosh 128K that shipped in '84 which said "Macintosh Operating System" has applied to EVERY version of the Mac OS including Mac OS X because it is simply the newest version of the "Macintosh Operating System" as noted in their EULA.
There is a big difference between a company violating trade restrictions - which even by your explanation does not in any way apply - and one party breaking an agreement. Not all agreements are legal and that keeps companies (or attempts to keep companies) from imposing illegal measures in otherwise legal agreements, but there is nothing illegal about Apple agreeing to license you one product in a 5-pack (Mac OS X v.10.2) and requiring you to buy a license at a later date for *a completely different product,* namely Mac OS X v.10.4.
Its a nice thing to try and justify and all, but making yourself feel better does not make it legal. If you want tell yourself its OK to buy one copy and run it on five Macs - great, right or wrong its your choice. But this explanation is school yard level and rather silly.
David
On Apr 26, 2005, at 5:13 AM, Gerald Wilson wrote:
Oh fool ! Read the small print, you idiot !
The difference between an ordinary Jag licence and a Family Pack licence is one printed addendum. And the addendum states that it is a modification to the Software License Agreement for Mac OS X, to allow you to install and use one copy of the Apple Software on a maximum of five household computers, etc.
Not "Mac OS X Jaguar". Not "Mac OS X 10.2".
Just "Mac OS X".
This is very useful paperwork. As it is worded. it applies to any version of Mac OS X. That would include Cheetah, Puma, Jaguar, Panther, and presumably Tiger. Now things may be different in the USA or in other jurisdictions, but within the EU, the laws governing Free Trade are very clear: a manufacturer cannot legally impose trade restrictions on the market for used goods. (In other words, if I buy a new PC with bundled software pre-installed on Monday, I can un-bundle and sell on the hardware and software separately without restriction on Tuesday.) This addendum is tradeable independently from the original licence agreement.
So I own a multi-use licence valid for Tiger even before Tiger has been released.
This may not be what Apple intended, but it is certainly what the software licence says, and in law that's what counts. So hang on to your old Family Pack licences - they are more useful than you think.
I suppose Apple might revise this policy worldwide between now and Tiger's release on Friday, but I guess that's unlikely... And it won't cut any ice in the EU anyway.
rgds
Gerald WW
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