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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EULAs are invalid
by Carewolf on Tue 15th Apr 2008 09:53 UTC
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EULAs are invalid because they conflict with no less than three different laws (depending on your juristiction).

1. When buying the product you acquire the right to use it. E.g. Placing a "opening the laptop voids warrenty" sticker on the lid is not valid because it violates the sale, the same applies to EULAs.
2. Contracts are an exchange of rights between to parties. To be valid both parties have to get something from the contract. Since you already have the right to use your software, the EULA does not provide you with anything extra.
3. You can not sign a contract by clicking an okay-button, and even if you could, you are legally allowed to click okay while disagreeing with the contract because of point 1 and 2.

Edited 2008-04-15 09:56 UTC

Reply Score: 1