German Mac Cloner Skirts Around OS X EULA

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JMcEntegart

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@MJRSnyder: Nah, basically the company's argument is that since the EULA is sealed and the terms and conditions aren't visible before purchase, they're void.
 
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There's also the argument that as a contract of adhesion that is unequal (meaning that all the terms benefit only one party and there is no benefit for the licensee) it could be declared unenforceable.
 

ram1009

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[citation][nom]anon131313[/nom]There's also the argument that as a contract of adhesion that is unequal (meaning that all the terms benefit only one party and there is no benefit for the licensee) it could be declared unenforceable.[/citation]

WOW!!! Wouldn't the shit hit the fan if that happened. No EULA would be enforceable.
 

tonitelaoag

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same with me, stick with windows when you game on your pc, there's nothing else like windows in gaming, i had my hackintosh for 1 year but my interest just subsides after learning how to use it on a personal level.
 

curnel_D

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[citation][nom]JMcEntegart[/nom]@MJRSnyder: Nah, basically the company's argument is that since the EULA is sealed and the terms and conditions aren't visible before purchase, they're void.[/citation]
Germany has some very stringint consumer protection (And some major flaws) laws that make this very legal in Germany. I dont see it happening in any but a very few EU countires. But that doesnt mean that all of europe wont have their nice shiny pear computers (Reminds me of sims 2 lol) clones shipped in from Germany.

Good article.
 

zak_mckraken

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According to Ars Technica, the PearC (Apples, pears, geddit?)
Duh... Thanks, Captain Obvious! ;)

Seriously, their argument might work for a while. Like Curnel_D said, it might not make it far outside Germany and definitely not in the US. However, if the product lives to it's expectations, it could grow into something that might well be a legitimate mac competitor.
 

tenor77

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[citation][nom]JMcEntegart[/nom]@MJRSnyder: Nah, basically the company's argument is that since the EULA is sealed and the terms and conditions aren't visible before purchase, they're void.[/citation]

You mean that it's wrong to enforce rules on a consumer that was unaware of prior to purchase? **Cough**Spore**Cough**
 

crom

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KDE? Really? I love linux, but man I think both KDE and Gnome are pretty crappy interfaces compared to OSX and Windows.
 

ThePatriot

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This is definitely a fruit punch...No apples but pears?

If this works out for the German company, they don't need the US.
More customers in the EU, more money in the EU, besides, the EU is looking east, that is where the future is.
 

Snillet

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You mean that it's wrong to enforce rules on a consumer that was unaware of prior to purchase? **Cough**Spore**Cough**
**Cough**Pretty much any software or service released since... Ever**Cough**

Reminds me of "The Hitchhikers Guide to the Galaxy" when Arthur realises his house is about to be demolished:

"But Mr. Dent, the plans have been available in the local planning office for the last nine months."

"On display? I had to go down to a cellar."


I wouldn't be surprised if the EULA is engraved on a silver platter, in a safe, guarded by a Leopard.
A Snow Leopard.
 
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