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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Thom_Holwerda
Member since:
2005-06-29

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'.


Utter nonsense. As others have already tried to explain, I can sign a contract with ten billion million signatures, but if that contract violates some basic rights I have as a human, that contract will not stand the test of any judge in the western world.

There are known cases of EULAs that stated things like "the user is not allowed to publicise negative information about this product". Such an EULA would violate a very basic human right in the western world: the right to free speech. Consequently, such an EULA would never stand the test of common law (breach of contract is a common matter, not a criminal one).

By telling me I cannot install my copy of Leopard on a non-Apple computer, the EULA violates basic property rights; and at least in The Netherlands (but I'm sure this goes for other western countries too), property rights are way up there with the right to free speech, since they are a cornerstone of western society. Signing any contract that violates this right, whether you knew about it or not, will mean nothing; I don't think there will be any judge in the western world that will not smash the Apple EULA to smithereens.

Contrary to popular belief, you actually DO own software. You paid for it, just like you paid for a DVD or a CD. The same copyright laws apply, and the same property rights apply. Just because Steve included a bunch of text with an "I agree" button underneath doesn't change anything about all this. A contract that violates basic rights you have as a human will BY DEFINITION be void.

EDIT: Assuming you install it on just one computer, of course.

Edited 2008-04-15 07:04 UTC

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