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EULA Paradox: Apple says you cannot use Safari on Windows

HappyAndyK   on 27 March 2008 - 12:44 · 47 comments & 25600 views

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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". He's made a mockery of end user licensing agreements."
As spotted by our Italian friends at setteB.IT, 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.

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. "We call this an impossibility issue," Kramer told us. "You can't enforce a term that's impossible."

Link: theregister

Post a comment · Send to friend Comments · There are 47 additional comments
#1 LostMonk on 27 Mar 2008 - 12:52
After all the work they did to get Safari on your computer, they couldn't be bothered to update the EULA to cover their collective rears? How utterly ridiculous.
#2 Thrawn on 27 Mar 2008 - 12:52
Har har.

Fair article. It says "This is wrong, and borders on malware distribution practices." regarding the software update == software installation nonsense that apple is pulling.

They really should get sued over this. Of course I also feel Steve should be hanged for other reasons. Sorry, but he's ugly.
(1 reply) #3 Dynames00 on 27 Mar 2008 - 12:59
#3.1 oufc_gav on 27 Mar 2008 - 15:57
(Dynames00 said @ #3)


May say that on the web, still says "single Apple-labeled computer" when you run the software.
(1 reply) #4 Magallanes on 27 Mar 2008 - 13:03
In many countries, EULA weight (legally) less that a informal gossip. A EULA in this case is no more or less that a single contract warrant, where they can protect themself but they can't put mandatory/prohibitory rules on it, for example if a can say "it's pesticide and you musn't drink it", then it's not a rule but a suggest, breaking it and you are on your own.


#4.1 solardog on 27 Mar 2008 - 15:02
(Magallanes said @ #4)
In many countries, EULA weight (legally) less that a informal gossip. A EULA in this case is no more or less that a single contract warrant, where they can protect themself but they can't put mandatory/prohibitory rules on it, for example if a can say "it's pesticide and you musn't drink it", then it's not a rule but a suggest, breaking it and you are on your own.


Ah, the good old days of personal responsibility.
#5 hotdog963al on 27 Mar 2008 - 13:43
Yawn, EULAs are ****ing boring to read anyway.
(12 replies) #6 GreyWolfSC on 27 Mar 2008 - 13:50
I'm obeying it. I won't install any of their magic software on my Windows PC.
#6.1 ahhell on 27 Mar 2008 - 14:37
+1
#6.2 +Harlem39s Finest on 27 Mar 2008 - 15:31
+2
#6.3 RAID 0 on 27 Mar 2008 - 15:44
+3
#6.4 guruparan on 27 Mar 2008 - 17:32
(RAID 0 said @ #6.3)
+3

+4
#6.5 ataris_kid on 27 Mar 2008 - 21:18
+5
#6.6 ajua on 27 Mar 2008 - 22:08
+6
#6.7 Khirzask on 27 Mar 2008 - 22:51
+7
#6.8 RealFduch on 27 Mar 2008 - 23:03
+8
#6.9 turtledude23 on 28 Mar 2008 - 01:50
+9
#6.10 bob0r on 28 Mar 2008 - 02:48
+1  0
#6.11 marty87 on 28 Mar 2008 - 10:05
+11
#6.12 [deXter] on 16 Jun 2008 - 10:14
+12
(2 replies) #7 +Chrono951 on 27 Mar 2008 - 13:51
I hate programs that force you to scroll to the bottom of the EULA before you can continue installing.

"Yes, yes, I read it. I'm not just scrolling to the bottom, Mr. Program."
#7.1 voidpharoh on 28 Mar 2008 - 04:47
I can't remember what the program's particular name was, but the installer required you to scroll down through the EULA and then it made you wait 3 minutes before it'd allow the agree button to be usable. Was probably the most annoying thing I ever encountered. In the end I didn't even install on my computer.

I hate it when software installers do things like that, if I choose not to read the EULA then so be it. I'll deal with the consequences of my action of not reading it if it ever comes up.
#7.2 voidpharoh on 28 Mar 2008 - 04:50
Accidental Double Post.
#8 notta on 27 Mar 2008 - 14:32
The .exe installer says otherwise.
#9 Richardarkless on 27 Mar 2008 - 14:34
lol guess their so busy that they cant update their own eula
(1 reply) #10 vetneufuse on 27 Mar 2008 - 14:39
no no no, what this means is Apple is going to start selling Apple computers with windows now duh...... *lol*
#10.1 C_Guy on 27 Mar 2008 - 14:42
Well the ability to keep Windows is among their top reasons to "switch"... if you call that switching ha ha ha...
#11 C_Guy on 27 Mar 2008 - 14:41
"Steve Jobs didn't just undermine "the security of the whole Web". He's made a mockery of end user licensing agreements."

Nice to see someone gets it.


"You can't enforce a term that's impossible."

This isn't impossible. Don't install Safari on PC's. Simple and beneficial for PC owners everywhere.
#12 qwexor on 27 Mar 2008 - 14:43
Well it certainly wasn't the EULA holding me back from installing Safari...
(1 reply) #13 Marty2003 on 27 Mar 2008 - 15:06
How is this a paradox? You can install windows on an Apple-labeled computer (i.e. MacPro, iMac, Macbook etc.) This would imply they only want Windows Safari to be installed on Macs running windows and not other PC's. Isn't it the same with OSX? You can technically install it on "normal" PC's but the EULA only allows you to install it on an Apple-labeled computer.
#13.1 unkle stu on 28 Mar 2008 - 07:40
exactly
#14 RAID 0 on 27 Mar 2008 - 15:43
So, I guess that means OS X86 is cool to install on a non Apple computer as long as you bought the software, right?
#15 leo_the_lion on 27 Mar 2008 - 15:45
How unprofessional and ridiculous. This was a big stunt pulled by Apple in the first place and now they've been made to look very foolish.
#16 HalcyonX12 on 27 Mar 2008 - 16:10
I guess the real story here is that people actually read those...
(1 reply) #17 dimithrak on 27 Mar 2008 - 17:29
I cant believe someone actually read the DAMN EULA!...lol.. what a looser!
#17.1 GreyWolfSC on 27 Mar 2008 - 20:32
(dimithrak said @ #17)
I cant believe someone actually read the DAMN EULA!...lol.. what a looser loser!


Fixed
#18 guruparan on 27 Mar 2008 - 17:34
now APPLE PWND :-)
#19 guruparan on 27 Mar 2008 - 17:35
oops sorry for the double comment
#20 Screaming Slave on 27 Mar 2008 - 19:35
I never read them either. If I'm ever in any legal trouble for using Safari on Windows, all I can say is: "Don't want me to use it? Don't sneak it into the updater."
(3 replies) #21 Binary on 27 Mar 2008 - 23:37
You guys are pathetic.

Seriously; isn't there any more important news?

Neowin finally gets some new news posters and they seem to be Apple hating BS posters as well.



Tech site = be fair to all platforms. I'm starting to rethink having this site in my bookmarks.

And that's coming from someone who's been here and contributed for years.
#21.1 GreyWolfSC on 28 Mar 2008 - 00:02
(Binary said @ #22)
You guys are pathetic.

Seriously; isn't there any more important news?

Neowin finally gets some new news posters and they seem to be Apple hating BS posters as well.



Tech site = be fair to all platforms. I'm starting to rethink having this site in my bookmarks.

And that's coming from someone who's been here and contributed for years.


*snort* You must've been on a different Neowin... Most of the OS news I've seen here has been anti-Vista and at least Apple-neutral.

And as for pathetic, try this one: posting off-topic comments about news you don't care about on a site you don't want to visit.
#21.2 kizzaaa on 28 Mar 2008 - 01:27
(GreyWolfSC said @ #22.1)
(Binary said @ #22)
You guys are pathetic.

Seriously; isn't there any more important news?

Neowin finally gets some new news posters and they seem to be Apple hating BS posters as well.



Tech site = be fair to all platforms. I'm starting to rethink having this site in my bookmarks.

And that's coming from someone who's been here and contributed for years.


*snort* You must've been on a different Neowin... Most of the OS news I've seen here has been anti-Vista and at least Apple-neutral.

And as for pathetic, try this one: posting off-topic comments about news you don't care about on a site you don't want to visit.


They're not the only visiting Neowin less. The quality of news by Neowin weakens each year.
#21.3 NeoTrunks on 28 Mar 2008 - 07:19
(GreyWolfSC said @ #22.1)
(Binary said @ #22)
You guys are pathetic.

Seriously; isn't there any more important news?

Neowin finally gets some new news posters and they seem to be Apple hating BS posters as well.



Tech site = be fair to all platforms. I'm starting to rethink having this site in my bookmarks.

And that's coming from someone who's been here and contributed for years.


*snort* You must've been on a different Neowin... Most of the OS news I've seen here has been anti-Vista and at least Apple-neutral.

And as for pathetic, try this one: posting off-topic comments about news you don't care about on a site you don't want to visit.


Any article mentioning Apple at least once results in Apple bashing. Sometimes, it does not even need to be mentioned. There are just a lot of XP Nazis here. Hating on Linux, Apple, and Vista. I think that's a fairly accurate assessment.
#22 Cierro on 28 Mar 2008 - 00:25
WTF????
#23 mel00 on 28 Mar 2008 - 01:24
heh... Who actually gives **** about eula says? sure hell I don't.. I wipe my ass with certain eula.

I do respect open source eula and those small guy just trying make simple program useful but big corp and macos and windows.. could kiss my ass with there eula.
#24 - Kaboose - on 28 Mar 2008 - 11:21
haha, Apple sucks, and we've got prove!
anyway, i dont want to install that Safari crapware

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