Adult conversation about this whole EULA issue.

[kokigami]

From rigger

However unlikely that Amiga, Inc would be knocking on any one individuals door demanding recompensement for breach of contract, the EULA is a valid contract, . The fact will remain that you are in breach of contract if you have used the product in violation of the EULA. This leaves each individual to decide if they will honor the contract and if again however unlikely you are found in breach you should be prepared to accept the consequences.

Well, there's the rub.

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.

But we are arguing definitions when we should be arguing principle. I personally see this particular type of Eula article as an attack upon us, the end users. It says, if you want to use our software, you have to submit to our monopoly. And we should not take it. It is time for an End Users  organization. I will post more on this soon..We do not have to make this choice inidvidually. We can make it together. And we can force them to deal with us.

[kokigami]

 @Wolfe

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.

No, I am not a lawyer, but I am not an idiot either. Which is why I said

as they are not End Users. At least not in their functions as resellers.

Certainly, if they do the installation, then their tech clicks the radio button and thus agrees.  They would be foolish to do the install.

But, again, you are debating definitions, not principles. The principle is that this Eula item should not exist.  Not in Amiga OS or OSX, or Sony's Lesbian Sex Kittens from Mars.

A EULA is an agreement, and can be negotiated.