Linked by Thom Holwerda on Mon 14th Apr 2008 21:44 UTC
Apple The website of a Miami-based networking and security solutions reseller became inaccessible Monday, shortly after the company began advertising an unauthorized Mac clone for a fraction of the cost of Apple's cheapest system. Dubbed OpenMac, the USD 400 offering from Psystar Corporation is described as 'a low-cost high-performance computing platform' based on the ongoing OSX86Project - a hacker-based initiative aimed at maintaining a version of the Mac OS X operating system for everyday PCs. The website is back online now, and the machine has been renamed to Open Computer. Update: Psystar says they will continue to sell the Open Computer system, despite the fact that it appears to violate Apple's EULA. "We're not breaking any laws," they insisted.
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This may be splitting hairs, but at what point do you actually agree to a contract with Apple?

1) At the retail store where you purchase the copy of OS X? No, I am not given a chance to read the contract before I purchase the software.

2) At installation? Maybe, it would depend on the install. If I click on the "I Agree" button during a normal install, you might have a better case for it. However, if I extract the packages manually onto my drive, I would never be presented with the installation license agreement and therefore never have a chance to accept it.

Some would claim that at the point of sale; for me, that can't be correct because in NZ (along with most other countries) there are consumer protections which allow one to take back the product. Others would say that as soon as you put it in the machine and agree to the EULA displayed (and it is displayed, if you choose to ignore it - tough). Where as I would go so far as to say that once you have installed, agree and it works, you have closed the deal.

You have agreed to all the terms and conditions of the EULA, and there fore, you have signed a contract with the software company to use the software only in the manner as outlined in the EULA; if you have an issue with the EULA, then get a lawyer and ask whether you can re-negotiate it - otherwise it is a situation of 'put up or shut up'.

Slightly different topic: the EULA states that the software must be installed on an Apple-labeled computer? I have seen the argument all over the web to just slap an official Apple sticker on the machine. But, I have never seen a counter-argument to this. Would someone care to provide one?

Apple-labelled meaning, a machine with Apple firmware; the same definition they used for their PowerPC; there is nothing stopping anyone from creating a PC, the line is drawn when you use Apple intellectual property (aka Apple Firmware) to enable you to run Mac OS X on a non-Apple machine - it would require, even if just a couple of lines of code, Apple firmware or emulation of it. All which violate it. Hence the reason why it was never a breach of contract to sell PowerPC equipment, it was the burning off the Apple firmware on the non-Apple machine which is a breach of contract.

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