On Thu, 17 Feb 2011, Brad Knowles wrote: > On Feb 17, 2011, at 2:20 PM, Benjamin Krueger wrote: > >> iPads and iPhones are not Apple's property. They do not belong to >> Apple. They are not storefronts. > > No, but the supporting systems underneath them are Apple's property, and > they are storefronts. And if you bought a subsidized iPhone with > activation and you're still subject to ETFs, then the phone in your hand > isn't your property, either -- just like your house isn't really your > property so long as you owe payments on it to your bank.
no you are saying that all your sparc systems are property of Oracle, and all your power systems are property of IBM because they run the infrastructure to support you? there is a principal in English Common Law (which is the foundation for much of western law) called First Sale, which says that once you sell something to someone else you no longer can dictate how it is used. the erosion of this principal in the last few years, especially with tech products is one of the most dangerous trends happening right now in my opinion. In addition, for everyone who points at the contracts, the law strongly enforces contracts that are negotiated between parties in good faith. contracts where one side has a vastly different amount of power are looked at much more closely, and are frequently found to include terms that are not deemed enforceable by the courts. things like the Apple end-user agreement that they can (and do) change at will, after you have purchased the equipment from them, that you cannot negotiate any modifications to, and have the choice of accepting or throwing away products that you purchased are very questionable in legal terms. The good news is that Sony has pushed this to the point of seriously angering people and the resulting class action lawsuit (over removing the 'other os' option from the PS3 could result in a court ruling on this topic (hopefully in favor of the public) David Lang _______________________________________________ Discuss mailing list [email protected] https://lists.lopsa.org/cgi-bin/mailman/listinfo/discuss This list provided by the League of Professional System Administrators http://lopsa.org/
