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Apple Embeds Message to OS X Hackers
zentechno writes "Apple has confirmed it embedded a message in the form of a poem to those who would hack its version of OS X on Intel hardware." From the article: "The embedded poem reads: 'Your karma check for today: There once was a user that whined/his existing OS was so blind/he'd do better to pirate/an OS that ran great/but found his hardware declined./Please don't steal Mac OS!/Really, that's way uncool./(C) Apple Computer, Inc.'Apple also put in a separate hidden message, 'Don't Steal Mac OS X.kext,' in another spot for would-be hackers."
People keep explaining this, and the Apple folks keep refusing to listen. But here goes one more time. The clause "You agree not to install, use or run the Apple Software on any non-Apple-labeled computer" is, I believe, unlawful under EC competition and consumer protection law. I've never heard this seriously disputed. It does two things: it violates the prohibition on anti competitive linked sales, and it violates consumer protection legislation. If you want to see for yourself, look up the UK sales of goods acts.
Now, ask yourself, what is the legal and moral position of a company which is attempting to lead purchasers of its products to believe they have entered into an agreement which is unlawful in the jurisdiction of sale?
If this is wrong, please do cite a few EC cases or precedents showing it is. But no-one ever has, yet.
"An unfair term in a contract covered by the Unfair Terms in Consumer Contract Regulations (UTCCRs) is not binding on you.
Test of fairness A term is unfair if: * contrary to the requirement of good faith it causes a significant imbalance inthe parties' rights and obligations under the contract, to the detriment of consumers."
"Unfair Contract Terms Act 1977
"Consumer Sale of Goods Contracts
"Consumers cannot have their legal rights removed in sale of goods contracts. Furthermore, it can be an offence to mislead consumers about their legal rights. To do so could result in a criminal prosecution. For example, notices such as "We do not give refunds" are misleading and cannot be used. Enforcement is undertaken by local Trading Standards Departments."
These quotes are from Department of Trade and Industry Guidelines.
It must be very doubtful that a EULA which forbids you to do things with the product after you have bought it, that you can perfectly well do, and which you have some reasonable reason to want to do, can be lawful in the UK or the EC. In fact, putting clauses in a Eula which mislead the consumer about his rights under the law in this regard appears, from the above, to be criminal.
Not exactly: Reports of our death have been greatly exaggerated...
-nick