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To: Swordmaker
As of this time, because it has not been adjudicated, anything in a contract you agree to IS enforceable.

This is the crux of the difference in our opinion on this legal subject. What you are saying here is just flat wrong. The contract is enforceable only in the sense that the party asserting it has been breached is free to file a suit and allege that there has been a breach, AND that the term is not void or otherwise unenforceable. But its enforceablility is not estabilished until much later in the process, and it is not until then that your position would be validated.

It is really beyond me why you can't just agree to disagree, and continue to post full length legal briefs on this issue. I could post Reply Briefs, and then I could hear your "sur-reply", but really, it is a complete and utter waste of time.

Anything in the license agreement is neither enforceable or void until a judge declares it so. To gain enforcement of a provision, one must first file a legal action. Then, a defendant will have the opportunity to present a defense. Then a judge or jury will decide the legal and factual issues. The judgment that follows will determine whether the words of a license are "enforceable" or not. "Enforceable" simply means that a court will issue an order or grant a money judgment based on those words. Until the time that a court rules that those words can be enforced in the way that Apple says they should be, they are merely a basis for a lawsuit that may or may not result in a judgment. Parties who differ in their interpretation of the legal rights and ramifications of those words are free to, and often do, act in accord with their position until a court rules against them.

Of course, when you do act on your beliefs, you takes your chances. You might lose, and owe someone some money. Similarly, Apple might lose and owe consumers some money. Ever wonder why they don't pursue consumers who install OSX on their PCs?????

130 posted on 11/06/2009 2:24:04 PM PST by Defiant (The absence of bias appears to be bias to those who are biased.)
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To: Defiant
Of course, when you do act on your beliefs, you takes your chances. You might lose, and owe someone some money. Similarly, Apple might lose and owe consumers some money. Ever wonder why they don't pursue consumers who install OSX on their PCs?????
. . .
It is really beyond me why you can't just agree to disagree, and continue to post full length legal briefs on this issue.

Could it possible be because YOU have been advocating that other Freepers take on the risks of violating the contracts they have agreed to? I think it might be that. Yes, now that I examine my motives, I know it is.

131 posted on 11/06/2009 8:47:52 PM PST by Swordmaker (Remember, the proper pronunciation of IE is "AAAAIIIIIEEEEEEE!)
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