From owner-freebsd-questions@FreeBSD.ORG Sun Mar 1 01:48:53 2009 Return-Path: Delivered-To: freebsd-questions@freebsd.org Received: from mx1.freebsd.org (mx1.freebsd.org [IPv6:2001:4f8:fff6::34]) by hub.freebsd.org (Postfix) with ESMTP id 44FA810656DB for ; Sun, 1 Mar 2009 01:48:53 +0000 (UTC) (envelope-from perryh@pluto.rain.com) Received: from agora.rdrop.com (agora.rdrop.com [199.26.172.34]) by mx1.freebsd.org (Postfix) with ESMTP id F2E848FC13 for ; Sun, 1 Mar 2009 01:48:52 +0000 (UTC) (envelope-from perryh@pluto.rain.com) Received: from agora.rdrop.com (66@localhost [127.0.0.1]) by agora.rdrop.com (8.13.1/8.12.7) with ESMTP id n211mpIp073571 (version=TLSv1/SSLv3 cipher=DHE-RSA-AES256-SHA bits=256 verify=NOT); Sat, 28 Feb 2009 17:48:51 -0800 (PST) (envelope-from perryh@pluto.rain.com) Received: (from uucp@localhost) by agora.rdrop.com (8.13.1/8.12.9/Submit) with UUCP id n211mpM2073570; Sat, 28 Feb 2009 17:48:51 -0800 (PST) Received: from fbsd61 by pluto.rain.com (4.1/SMI-4.1-pluto-M2060407) id AA10945; Sat, 28 Feb 09 17:46:03 PST Date: Sat, 28 Feb 2009 17:45:45 -0800 From: perryh@pluto.rain.com To: utisoft@gmail.com Message-Id: <49a9e8c9.CBWySza0InGAcO8i%perryh@pluto.rain.com> References: <630286c70902270134u18505882xbabf547190ae8747@mail.gmail.com> <49A965D1.7080309@bah.homeip.net> <49A98ADB.2010107@bah.homeip.net> <49A98FE5.7000404@hotmail.com> <49A9A52C.2010507@bah.homeip.net> <49A9ACBC.30506@bah.homeip.net> In-Reply-To: User-Agent: nail 11.25 7/29/05 Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit Cc: freebsd-questions@freebsd.org Subject: Re: Ports on Macbook X-BeenThere: freebsd-questions@freebsd.org X-Mailman-Version: 2.1.5 Precedence: list List-Id: User questions List-Unsubscribe: , List-Archive: List-Post: List-Help: List-Subscribe: , X-List-Received-Date: Sun, 01 Mar 2009 01:48:54 -0000 Chris Rees 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.)