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Author Topic: Adult conversation about this whole EULA issue.  (Read 14589 times)

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Offline MarkTime

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Re: Adult conversation about this whole EULA issue.
« on: August 21, 2003, 05:57:39 PM »
The most important thing about the EULA discussion, in my opinion,
is the fact that Amiga, Inc's president apparantly knows what a EULA is,
and thinks that a EULA that protects a brand is enforceable and a legal concept.

This is in very STARK CONTRAST, to the fanbase, who believes it is legal in
'their' country, to ignore a EULA, to install Mac OS X at will.

They believe EULA's are unenforceable and invalid legal concepts.

Now, I have made a HUGE POINT of this...and REPEATEDLY....breaking a EULA...and in the case of Mac OS X, there is no dispute the EULA exists and is clear...is PIRACY.

I made a point of this, for one reason.... I knew this day would come....people, you reap what you sow.

Honesty is the best policy.....
 

Offline MarkTime

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Re: Adult conversation about this whole EULA issue.
« Reply #1 on: August 21, 2003, 06:02:29 PM »
Yes, there may not be a EULA at all on Amiga OS 3.9...but perhaps he was referring to Amiga OS 4.0 which is not released...

it will probably have a EULA....in any case, I am making a slightly different point about EULA's....

there may be a lot to discuss about whether his statement was clear or valid, or a EULA even exists...

but the statement makes it clear he does believe EULA's are enforceable, and therefore the not-so-covert sponsored attempts to break Apple's EULA are clearly understood to be illegal by certain parties.
 

Offline MarkTime

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Re: Adult conversation about this whole EULA issue.
« Reply #2 on: August 21, 2003, 09:17:07 PM »
Let say you do this.

1.) Buy a License to run Mac OS X on Apple Branded hardware for $120
2.) Copy Microsoft Word which you didn't pay for and run it.

Act 2 is piracy, right?

1.) Buy a License to run Mac OS X on Apple Branded hardware for $120
2.) Copy Mac OS X to your Pegasos and run it, though you don't have a license to do so.

Act 2 is still piracy.

It's PIRACY.

In scenario one its easy to understand, cause Microsoft and Apple are different companies.

But just because you bought a license to run Mac OS X on Apple branded hardware from Apple for $120, doesn't mean you paid to run it on your pegasos.

You didn't.

You didn't pay for such a license and you did it anyway.

It's piracy.

added:
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Some countries have consumer protection laws, if you buy Mac OS X thinking you could run it on your pegasos, but they failed to tell you its only good on Apple branded hardware, then the contract may not be valid.  You may have the right, in your country, to return the product for a refund.

But in almost no country in the world, does an invalid contract=a valid contract that does what you want.

In other words, you may be entitled to your money back, but you won't be entitled to write up a new contract under your own terms.

Now, with that said, in just a very few countries you have a few extra options, even if the contract says otherwise, but UK and Germany are not on the list of countries that allow you to change the license to run on any machine that you want.

Certainly, Amiga, Inc. and Genesi have American offices anyway, and are under american law for part of their operations...so they'll have to consider EULA's.

 

Offline MarkTime

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Re: Adult conversation about this whole EULA issue.
« Reply #3 on: August 21, 2003, 09:34:25 PM »
The CD is just media.

It has nothing to do with anything.

The only thing you purchased is a license.

This is another common myth that you brought up.
Maybe it will help you to understand, that losing the original CD does not invalidate your license.

In otherwords, if I make a backup copy of my original CD, and the original CD gets lost or stolen, or just destroyed....I'm not out of luck.

I can continue to use my backup CD, because the original CD has no importance....the fact that I purchased a license and am using the license properly is all thats important.

I think everyone can easily understand how the license is still valid in a case when the original CD is lost.

But when someone has a CD, they somehow believes this gives them a right to write up their own contract and licensing terms.

CD media does not have such magical properties.
 

Offline MarkTime

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Re: Adult conversation about this whole EULA issue.
« Reply #4 on: August 21, 2003, 09:39:33 PM »
Quote
And the eula is a worthless piece of text.


a EULA is a valid contract.
My word is not worthless.
 

Offline MarkTime

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Re: Adult conversation about this whole EULA issue.
« Reply #5 on: August 21, 2003, 10:00:04 PM »
@olegil

I don't understand why you don't like the word 'copy'...all installations involve copying..otherwise its not installed and just exists on the CD.

I will continue to use the word copy because it is the correct word to use, the word copy, btw, doesn't imply anything wrong....

What I am saying is wrong, has always been the breaking of the EULA by breaking the terms of the license...which in UK, Germany, and USA is illegal.

But, as far as Norway goes, you can be the expert on Norway, I don't have the time to look up Norway, I have nothing against Norway, but there is only so much I can do to research this issue.

BTW, do you really want to talk about 'getting it'?

I mean I get it.  People say, BUT WHAT IF I WASN'T INFORMED BY THE CENTRE?

What if what?  I mean thats a red herring, the people on this board fully well know the Apple EULA by now....or What if I am allowed to break a contract in my country...so what, do only laws govern your values, or is your word and integrity important on a level above the law?

What if this, what if that...its all red herrings....

Anyway, I don't care so much about Apple.

I discuss Apple endlessly, because we don't love Apple so much, and its easier to discuss on an acadmic level.

The real question here, is as I said before...what do we make of the AMIGA eula, to only run on AMIGA branded hardware...

and its totally funny, watching the many pro-Amiga fans being anti-EULA.