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Old 01-30-2013, 10:50 AM   #62
slex
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Posts: 294
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Join Date: Nov 2008
Location: Bulgaria
Device: Kindle 4 NT, Onyx Boox M92
Quote:
Originally Posted by teh603 View Post
Like I thought I mentioned earlier- most EULAs include an "irreparable damage" clause which suggests the company wants to be able to receive unlimited civil damages because of the "irreparable damage" caused by abusing "their" software. The actual damages are pretty irrelevant given contract language like that.
They can claim whatever they want to, but smartphones are mass produced and for all practical purposes they are alike. So even if there is an "irreparable damage" done to one smartphone, it can be replaced by another. It is not a Picaso original, after all. Even if it were, irreparable damage per se still doesn't justify ridiculously high financial penalties, exceedings thousands of times the value of the damage (not to mention prison time). It is absurd to claim that you value a good or a service for $1 million when you actually sell it for $500.
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