Of course. Why should one retailer accept something purchased from another retailer? And you still have et to answer my question regarding contacting Apple directly or their legal department. Address that.
Someone earlier mentioned that a person could likely take the opened copy to an Apple retail store and try to get a refund. That's what sparked the issue regarding whether that is the case or not.
As I mentioned before, I have not yet had a chance to contact Apple Corporate or Apple Legal regarding the EULA return policy. That's something I'll probably do Thursday (seeing as how they're likely closed tomorrow).
Thats between you and Frys. If they are not an authorized reseller like BaldiMac says they can set whatever return policies they like. Thats why Apple readily provides its SLA online and tells you right on the box where to find it - so you do not have to violate a retailers return policy. Of course shopping with Apple allows you to return opened software and other retailers may not let you. Apple has no way to enforce or change retailers business practices unless they have some prior business agreement (like being an authorized reseller). If Frys is not (impossible for me to tell because I do not live near one) - thats not Apples fault.
However, having the SLAs online doesn't help much per-say if a user is in a store and trying to decide whether or not to purchase Snow Leopard. Granted, many stores now have some form of limited internet access available (plus the fact that the user may have a smartphone), so they can potentially access and read the SLA online before purchasing. But realistically, would the average Mac user truly think to read an SLA online before walking into a store and picking up the copy? (Granted, I doubt any of them would decide not to accept the EULA and return it anyway
).
Oh, and at least according to the Tempe Baseline Fry's Electronics, they are an Apple Authorized Reseller. The guy I spoke to (I requested and was transferred to a worker who supposedly works in the Apple department, but obviously that's not definitive) also stated that I could not return OS X once opened. I informed him that according to Apple, I had that right, but to that he said as far as he knew, store policy has the top precedent. As I mentioned though, that's far from definitive.
They are facts of Apple. I don;t care about other entities that you chose to do business with. BaldiMac was dealing with that. I agree with his assertions though
I agree that they are facts of Apple. I only brought them up in reference to the issue at the very top of this post (regarding the topic of Apple potentially accepting other retailers sold copies of OS X when the return was related to not accepting the EULA).
No where did I say that I expected Apple to accept them. In fact, my viewpoint has continuously been the opposite.
How? You are not making any sense. In many areas I have agreed with you, but I fail to see your point. Back up your assertions! I have discussed this topic many, many times in many many iterations on this thread. I wont repeat them. They are a matte of public record. I also cite other people on the thread who I am on record with as agreeing with. Namely BaldiMac, Gnasher, and several others. Some of whom are actual lawyers and have cited legal statements. I feel pretty good.
Others have seemingly felt that I made sense. Just because you don't think I make sense, doesn't mean it doesn't. I'm sorry, I can't control what your mind can process. Most of what I have said, I have backed up in some form or another, excluding the issue regarding attempting to actually return a copy of OS X in-person to Fry's (which I will do - $25 isn't much to do a test and I'll never complain about spare copies lying around), and also what Apple Corporate or Apple Legal will say in regards to the EULA return policy for authorized distributors. And I do plan on contacting them.
Otherwise, I've pointed out Apple's own online sales and return policies (which you yourself have also mentioned), I've contacted Apple retail stores here, I've just recently contacted Fry's. What more do you want me to do?
And this is honestly no offense intended, but your arguments earlier pretty much resorted to "Apple's EULA says so, therefor it must be true." I scanned through this entire thread, for your posts, and no where did I find where you actually provided facts to confirm that the EULA can, in fact, be confirmed in regards to its return policy regarding authorized distributors and whether this policy supersedes the distributor's own return policy. Baldimac, if I recall, posted a very good post regarding what an Apple Reseller is expected to do. However, once again, one of my questions very early on, that nobody actually answered, was which one supersedes the other: the store's return policy, or Apple's EULA statement (authorized reseller or not).
And regarding someone claiming to be a lawyer, no offense to anyone who actually is, but I've seen everything when it comes to the internet, and so when someone claims to be something, I usually take it with a grain of salt. Some of the most knowledgeable people I've seen in regards to a topic actually only partake of it as a hobby. I'm an Exchange/AD admin for the organization I work for. Suddenly going to start taking my opinion on Apple's Exchange support as valid?
Thats fine, but as a friendly observation, making inflammatory responses like calling us fanboys is just going to hurt your arguments.
I'm sorry, but there are fanboys here. Obviously, it's a Mac site. The problem is, there are plenty of people here who *always* believe Apple is in the right, even when it's obvious Apple has made a bad decision.
And I never called you out as a fanboy. That was directed at someone else, who I've seen post nothing but constant pro-Apple praise time and time again, even at times when the majority saw the obvious reality. If it bothers you that I use the word "fanboy" in relation to someone, well, sorry, but I'm not going to stop. So just ignore me. I don't care.
