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Sloowms | 10 months ago

I'm not sure what society you are referring to but contracts have to adhere to laws in the EU.

This is also about software that is being updated. So the transaction is not completed yet. Apple could probably go the route of not providing the update to phones that were sold before the law was voted on/in place. I would guess that would lead to other legal battles.

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dmitrygr|10 months ago

And is it reasonable that the laws are created after the contract was already agreed to and still apply to it? At least here in the United States, laws are not allowed to make things illegal that happened before the laws were written.

toast0|10 months ago

If I have a sales contract with you where I will gladly pay you Tuesday for a hamburger today, and on Monday hamburgers are outlawed, I still owe you on Tuesday. If purchases or hamburgers on credit is outlawed on Monday, I most likely still owe you on Tuesday.

Otoh, if I pay you today for a hamburger on Tuesday, and on Monday hamburgers are outlawed, you can't perform your part of the contract, and we'll need to figure things out.

The rules can change, and when the rules change, continuing service may need to change (depending on how the rules were written); I'm sure part of the contracts involved also describe a) how to make changes in the services, b) what happens when parts of the contract are discovered to be unenforcable or illegal.

makeitdouble|10 months ago

Laws can definitively be retroactive or affect existing contracts. Imagine a world where governments have no power to stop anti-social behavior if it was ever baked into private contracts ?

Also the DMA didn't fall from the sky one day and enforced the next. Every business impacted had years to do something about it, and they preferred to play chicken race instead.