Adult conversation about this whole EULA issue.

[Wolfe]

An EULA is basically aimed at other companies to protect their product.

EULA has no legs and little if any teeth in a court of law if you "john doe" go to a store and buy a copy, put it on your machine for your own use.

Basically - if they don't print the EULA all over the front of the box and the tape that binds it so "joe smuck" can read it before he purchases it.  Anotherwords has no excuse for not seeing it before purchasing it, the EULA is useless.  Not enforcible in a court of law against an end user - privided you are not pirating etc.

EULA - A Inc vs Genesi could have very sharp teeth depending.

EULA - end user arguments are hot air.   ;-)

[Wolfe]

@Marktime

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.

Right - If you are using your OS X on both your Mac & Peg.
Wrong - if you have a purchased OS X specifically for your Peg.  Not Piracy. . . . . .

  Who said you were buying a License to run Mac OS X on Apple Branded hardware.  Is the EULA plastered all over the OS X box?  No !  You find out about it AFTER you purchased it when you go to install it..
  Apple would be responsible to make sure everyone who purchased OS X was using it on Apple Branded Hardware.  And would not be able to sell it outright and enforce such restrictions.

The Judge: (friend family reunion) was asked this same question by me a couple of months ago when this same topic was running before.  EULA protect's a Corporation/Product from miss use buy other Corps.  

  Basically he said, after much laughter, that "any Corp vs EndUser trying to enforce such nonsense in his court room would get slapped with contempt for tying up the wheels of justice."  Purely for being stupid!
  As a judge - the EndUser would be given the benifit of the doubt reguardless - what if he's autistic and doesn't read the same thing you do?  Not Enforcable !  If you (A Corp) had a jury to decide - the EndUser would walk away with $ in hand for harrasment, thats if you could find a judge willing to take a "no win" BS case like this.

Piracy has some teeth - but the EULA for an end user not pirating has NO TEETH.   :-)

Lets arrest for trial all those who rent movies and make a copy for personal use - technically that is illegal too.  But not enforceable in a court of law.   :-o

EULA for A Inc and Genesi may have some merit but for the end user in the US - Baugh Humbug ! :-D

[Wolfe]

First, EULA- End Users License Agreement- only applies, as its name implies, to the End User. Therefore, Sustainable or not, McEwen's comments only apply to end Users.  They are not, and cannot be, a threat to Genesi, as they are not End Users. At least not in their functions as resellers.

Are you a lawyer?  In a court of law, an end user can be anyone currently in possession of the item in question.  If genesi sells, packages or promotes OS X with the Pegasos they can be liable.  End User is a generic term.