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Offline persia

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@Franko

Actually lawyers tend to make Trademarks.  "Windows" is not really possible to trademark, it's generic and describes a part of a GUI.  But try naming something computer related "Windows" and you'll be hit seven ways to sunday by MS lawyers.  

Also once the Trademark is officially in the Trademarks database it's far harder to dispute it.  Really, you are fighting a fight that would be difficult to win.  AsiaRIM (who say they own the Commodore name) are incorporated in the EU.  Pick your battles carefully.
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Offline persia

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EULAs have never been properly tested in court.  Even the US, with it's strong connection to the software manufacturers has no court cases that actually give legal standing to EULAs, only a few that comment on certain policies within EULAs.  Most other countries have less than that.

So basically, until someone can prove in court in your country that EULAs are legally enforceable, it's all in the realm of legal theory.  It gets back to that old chestnut, when I buy a copy of software am I getting the software or just a license or something in between.
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Offline persia

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And of course DMCA doesn't apply to Franko as foreign laws are not enforceable in Scotland...
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Offline persia

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I think the question of whether a EULA is enforceable or not is really still up in the air.  No court on the planet has rule on EULAs in general but rather specific wording in specific EULAs.  It's going to also vary country to country.  I would tend to say that using the ROMs in physical hardware that you own *may* be legal in some countries.

The trouble is that Cloanto could Microsoft a small hobby company, that is overwhelm them with lawyers and make it difficult and expensive to fight and easy to capitulate.

If cars had EULAs they would state the the manufacturer wasn't liable if the breaks failed or the fuel tank exploded, and that you couldn't look inside the engine compartment.  

If a sandwich had a EULA the manufacturer wouldn't be responsible for botulism or random bits of rat, and you can't open your sandwich to take a look at what's on it.
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What we\'re witnessing is the sad, lonely crowing of that last, doomed cock.