Linked by Thom Holwerda on Fri 25th Apr 2008 15:01 UTC
Legal When PsyStar announced they would be offering their own Macintosch clone, pre-installed with Apple's Mac OS X Leopard, they opened up a whole can of worms. Despite the fact that the company itself was shrouded in mystery and dubiousness, the possible implications of their actions sparkled an interesting debate here on OSNews as well as other discussion venues: can PsyStar and its users just discard Apple's End User License Agreement for Leopard? Instead of relying on my own limited layman's understanding of Dutch Common Law, I decided to contact Dutch legal experts, and ask for their opinions on Apple's EULA, and EULAs in general.
Permalink for comment 311473
To read all comments associated with this story, please click here.
RE: END USER licence agreement
by MrWeeble on Fri 25th Apr 2008 16:18 UTC in reply to "END USER licence agreement"
MrWeeble
Member since:
2007-04-18

Psystar was sold the software, so at the point that they install they are the end user, when they resell it the end user changes. If this were not the case then I could violate a EULA as much as I wanted provided I intended to sell the machine to someone else after a couple of years.

Adding Apple to the case would be a violation of trademark law.

I would suggest that a loophole is in the "agree" section. If the software can be extracted from the install media, and installed on hardware without using the standard installer, then the prompt to agree will never be shown. The article states that "If you acquire software via legal means, you technically don't need an EULA at all". I would be interested in knowing whether this would be valid.

Reply Parent Score: 3