Step wrote:
I have today written an email to the Swedish Competition Authority asking for clarification on this Apple EULA issue, will post their reply as soon as i get it.
Don't forget that you can put ANYTHING in a EULA, but that doesn't necessarily mean they have a legal right to do so. If the use is protected by the Copyright law as "Fair Use" then the EULA is useless. United States Fair Use laws win in conflicts with a EULA. a EULA is not a law.
According to the Register of Copyrights, Marybeth Peters, "fair use is a flexible, technology-neutral doctrine, allowing reasonable and socially desirable uses of copyright works, even when they are not authorized by the copyright owner"
US Copyright law:
TITLE 17 > CHAPTER 1 > Sec. 117. Prev | Next
Sec. 117. - Limitations on exclusive rights: Computer programs
(a) Making of Additional Copy or Adaptation by Owner of Copy. -
Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:
(1)
that such a new copy or adaptation is created as an
essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner,
(Sorry Apple, US Copyright Law supercedes your EULA)
