‘You can’t enforce a term that’s impossible’
p2pnet news | Freedom:- p2pnet reader Just My Two Cents was shocked and appalled when he found his iTunes wanted him to install Safari on my computer.
“It’s one thing to nag you about program updates, but it’s another to try and force something like Safari on you, especially if you haven’t even shown an interest,” he said in a Readers Write to a p2pnet story.
Now, “In using Apple Software Update to slip his Safari browser onto millions of Windows PCs, Steve Jobs didn’t just undermine ‘the security of the whole Web,” says The Register, “He’s made a mockery of end user licensing agreements.
“As spotted by our Italian friends at setteB.IT [Google translation] Apple’s Safari license says that users are permitted to install the browser on no more than ‘a single Apple-labeled computer at a time.’ This means that if you install Safari for Windows on a Windows PC, you’re violating the license.”
But not to worry. There’s not much chance you’ll find a crew of Apple heavies breathing down your neck
“The agreement was last updated in January of this year, six months after Safari for Windows made its debut,” says the story.
“According to Jonathan Kramer, a tech-minded attorney with the Kramer Telecom Law Firm, you aren’t in any legal danger if you install Safari for Windows on a Windows PC. Apple can’t enforce a contract clause that doesn’t make sense,” it goes on,
“We call this an impossibility issue,” Kramer says in The Register. “You can’t enforce a term that’s impossible.”
So, “this is merely a case of Apple making itself look silly”.
Also See:
p2pnet – Apple Safari targets Windows users, March 21, 2008
The Register – Apple forbids Windows users from installing Safari for Windows, March 26, 2008
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March 27th, 2008 at 1:09 pm
Hahahaha, it would be hilarious if now Apple decided to sue all Safari users for violating its self-contradictory license.
March 27th, 2008 at 1:45 pm
Safari = lost in a jungle of confusion of EULA
March 27th, 2008 at 9:47 pm
My brain hurts.
March 28th, 2008 at 1:01 am
Safari needs to change it’s EULA and fast.
March 28th, 2008 at 3:08 am
I *love* Safari and have it installed on several computers. However, after this scary announcement, I’m gonna remove it on all but one of them to be on the safe side.
March 28th, 2008 at 6:02 am
The list of problems include people a) using Itunes, b) randomly installing downloads from Itunes, c) trusting Apple. The insane EULA is just icing on the cake.