Your Rights to do with your house or computer are indeed restricted by law under the conditions of the sale. Computer manufacturer's license you to use hardware and software for restricted purposes (read your T&Cs and EULA. Houses can be restricted based on CC&Rs and on an ongoing basis by mandatory obligations to HOAs. So, you may wish your fundamental principle were true, but it isn‘t.
You are wrong to assume that the T&C and EULA can restrict my rights to do with my computer as I please. I have read my T&C and EULA, but i also know my EU legislation EU and Sweden consumer law where I live, and contrary to the you, I’m not bound by the U.S. legal jurisdiction, but to the statutory law and the codification we are in the EU legislation and national legislation which are based on the civil law tradition, which is the oldest and most widespread legal system in the world.
The civil law tradition is characterized by the use of legal codes, which are comprehensive and systematic collections of interrelated legal rules that cover all matters subject to legal regulation. The legal codes are the primary source of law in the civil law tradition, and the judges are bound by them. The judges have a limited role in interpreting and applying the law, and they do not create new law through their decisions. The legal code also emphasizes one of the key concepts in the civil law tradition is
culpa in contrahendo, which
means fault at the conclusion of a contract and the principle of
pacta sunt servanda, which means
that contracts must be honored and enforced by the law.
It means that the parties have a duty to disclose relevant information and act in good faith
during the pre-contractual phase, which is the period of negotiations before the contract is formed. One pre-contractual disclosure obligation is the requirement to make the contract available to the user before concluding a contract.
If a party breaches this duty, it may be liable for damages or the contract may be invalidated.
An end-user license agreement (EULA) is a legal document that sets out the terms and conditions of using a software or service.
According to the principle of culpa in contrahendo, a EULA must be made available to the user before concluding a contract. If the EULA is not shown to the user before the contract is formed, this constitutes a violation of culpa in contrahendo and renders the EULA invalid or unenforceable.
Therefore, users have the right to see and agree to the EULA before purchasing or downloading a software or service.
The U.S. common law tradition, on the other hand, is characterized by the absence of legal codes, and the reliance on judicial decisions and does not recognize the principle of culpa in contrahendo, and
does not impose a general duty of good faith and fair dealing on the parties during the pre-contractual phase. The U.S. applies the parol evidence rule, which excludes oral or written statements made before or at the time of the contract from affecting its interpretation.
The civil law tradition is more strict and regulated, and it protects the rights and interests of the users more than the providers. The U.S. law tradition is more flexible and liberal, and it protects the freedom and autonomy of the parties more than the law. Therefore, you cannot apply the U.S. legal tradition to EU, and you cannot claim that the T&C and EULA can restrict my rights to do with my computer when we aren’t even working under the same legal framework
And when you speak about HOAs(Homeowner association?) they don’t exist as a thing in EU as they seem to work in the US would be very illegal.
That would be something you purchase the right to live in a property ”Condominium”. You never own the “house” because you only purchase the right to live in the property.
EU equivalent to your HOAs are extremely weak in what they can actually do.
Claim you buy a house and also be legally required to follow the HOAs rules would be contradictory in terms
