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Re: Psystar's legal reply brief in response to Apple


From: David Kastrup
Subject: Re: Psystar's legal reply brief in response to Apple
Date: Wed, 08 Dec 2010 15:58:43 -0000
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/24.0.50 (gnu/linux)

Alexander Terekhov <address@hidden> writes:

> David Kastrup wrote:
> [...]
>> It is the recipients' choice to accept the license or not.
>
> Accept the license, breach it (voidness of obligations due to
> illegality ala the GPL price fixing aside), wait for termination,

That implies "Wait for injunction.  Accept it.  Pay court costs and
penalties".

> accept the license once again, breach it, wait for
> termination... Rinse lather repeat.

And explain all of that to judge and jury the second time around.  Good
luck.

> The situation is no different when Microsoft would terminate my
> Windows 7 EULA and I just go and buy another copy and create another
> EULA relationship instead of terminated one.

Except that you have to agree to the EULA that is presented as a
_contract_ _reducing_ your set of rights.  Merely buying a copy does not
put you into any contractual relationship.  You'll likely get into
problems "activating" your copies after a few repetitions when
registering under your own name.  No idea.

Whatever.  In a similar vein, merely acquiring a copy of GPLed software
does not put you into any contractual relationship.

-- 
David Kastrup


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