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Date:      Sat, 28 Feb 2009 17:45:45 -0800
From:      perryh@pluto.rain.com
To:        utisoft@gmail.com
Cc:        freebsd-questions@freebsd.org
Subject:   Re: Ports on Macbook
Message-ID:  <49a9e8c9.CBWySza0InGAcO8i%perryh@pluto.rain.com>
In-Reply-To: <b79ecaef0902281500p1de42d5l524baa8c175c5925@mail.gmail.com>
References:  <630286c70902270134u18505882xbabf547190ae8747@mail.gmail.com> <49A965D1.7080309@bah.homeip.net> <BAY126-DS58B054CE96DADF54DA1D0CAAB0@phx.gbl> <49A98ADB.2010107@bah.homeip.net> <49A98FE5.7000404@hotmail.com> <49A9A52C.2010507@bah.homeip.net> <b79ecaef0902281259ka67d4fbtd387286748a027e5@mail.gmail.com> <b79ecaef0902281259y4a9b3c14n460e6848abeffdac@mail.gmail.com> <49A9ACBC.30506@bah.homeip.net> <b79ecaef0902281459n37819e43s46117e27b5e6def1@mail.gmail.com> <b79ecaef0902281500p1de42d5l524baa8c175c5925@mail.gmail.com>

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Chris Rees <googlemail.com!utisoft@agora.rdrop.com> wrote:

> That passage says that any agreement with the knowledge of the
> relationship in good faith is valid.
>
> Where does it mention the difference between a click-through
> licence and an oral agreement?

With apologies to a certain former U.S. President, that may depend
on the definitions of the terms.  Does someone who simply clicks
"yes", without actually reading the license first, have "knowledge
of the relationship"?  Does someone who clicks "yes", while having
no intention to comply with the terms, act "in good faith"?

For that matter, does Apple -- having never met the "clicker" in
person or even on line -- have "knowledge of the relationship"?

> Though a test case would be nice. Has anyone been lunatic
> enough to try taking it to court?

Given the nature of the situation, I'd think the only party likely
to take it to court would be Apple.  You seem to be saying that
they would be crazy to do so.  I suspect the OP would agree :)

> Otherwise a clicked "Yes" counts as an agreement made in good faith.

Are you qualified to give legal advice concerning Swedish law?

I am not, but I would guess that you could well be right *if* Sweden
has adopted something similar to DMCA; otherwise I am not so sure.
(I don't suppose the U.S. would have adopted DMCA unless it had been
thought to produce substantially different results than the previous
copyright law.)



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