Cite please
Cite please
I bet you can provide case law to back up the notion that software licensing is invalid since you seem so confident. I really doubt that is the case because otherwise the software industry's business models would be done for.
we have real law in europe, no case law.
therefore look up the BGB in germany. having the eula inside the package forces you to agree to the EULA without being able to read it. that alone invalidates it most likely.
then there is the other question if a usage restriction like in apples eula is superseeded by the BGB. a lot of lawyers seem to think it is. at least it stopped apple from going to court so there must be something to it.
however i concede that the law in europe is evolving so there may be a change.
regarding the software business model:
somebody explained it much better than I could:
You are making a common mistake, in thinking that this case is about whether EULAs are binding, and thinking that in some way if the case goes against Apple it will remove copyright restrictions on copying.
Neither is the case. First, if EULAs were to go in their entirety, copyright law would remain intact, and that is what prevents you buying one copy and installing it on 5,000 computers.
Second, EULAs in general are not at issue. The issue is the particular clause forbidding installation on non-Apple sourced computers. This clause could be held invalid, and all other EULA clauses left standing. Its a clause by clause thing.
My view is that the clause is not going to be upheld at least in the EU, because it is a post sale restraint on use, which the Commission frowns on, and because its (as presently implemented) either a contract variance without consideration, or perhaps its an attempt to enter a secondary contract without consideration, depending on how one looks at the transactions.
We must wait to see if Apple Legal moves to sue EFI-X, PearC and Freedompc. I don't think they will, and if they do they will lose. But if this happens it will still be illegal to install OSX or Windows on more than one computer.