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02-11-2009, 09:21 PM
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Jaguar
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Join Date: Jan 2009
Location: Netherlands
Posts: 56
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Quote:
Originally Posted by R0GUE
 HyperMegaNet, however, said it believes it is immune from Apple's legal attacks. According to a translation of an FAQ on its site, HyperMegaNet said it's on safe ground. "German legislation is in this case on the side of the final consumer," the company's site said, claiming that under German law, a license agreement is valid only if it was visible, and agreed to by the buyer, prior to purchase. "We are convinced of the fact that our product is legal in Germany."
The company did not address how it would defend itself from Apple in the other countries where it plans to sell its computers. That same FAQ noted that PearCs will be sold in Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, the Netherlands, Poland, Spain, Sweden and the U.K. |
This legislation is actually accurate for the entire EU, as far as I know. An electronics EULA presented on screen after purchase is not considered legally binding. Also the fact that nobody reads these things and is just clicked away made lawmakers decide it holds no legal basis.
If you want someone to keep to a licensing agreement, you will have present them with a paper copy and have them sign it before you hand over the software.
As long as they install and sell a legal copy of OSX, I think they have a very good case against Apple in EU. Although, a court of justice may decide at some point the referred law applies to consumers, not companies.
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