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.
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Comment by jal_
by jal_ on Mon 28th Apr 2008 08:14 UTC
jal_
Member since:
2006-11-02

Thanks Thom, it was an interesting read and confirmed my earlier suspicions (about which we had a nice discussion in the other thread ;) ).

As for some other users' complaints about Apple's EULA stating you must use the software on an Apple branded computer (and please stop the childish 'I put an Apple sticker on my PC, now it's Apple branded!' nonsence) being a tie-in sale, that's really a rather non-discussion. Think of it this way: if you buy a car, do you demand its software to be sold separatly, or being upgradable separatly? If you buy a navigation device, or a TV, or a mobile phone, a DVD player and any of all the other embedded devices out there, do you complain then about lack of choice etc.? Of course not. And an OS is not that different. Apple sells hardware as its core business. To use that hardware, you need an OS. They also sell that. In fact, if you buy a new Apple, you get the OS for free. It's just that when you want an upgrade, you pay, and that's for Apple to decide. There's probably no EULA restriction in the upgrade software for, e.g., my wireless router, but then again, it doesn't run on any other device than that specific brand of wireless router.

Apple's business strategy is selling Apple hardware. Their software is just something resulting from that. They do not want you to use their software, they want you to buy their hardware. That's why they put restrictions in their EULA for use of that software. They are perfectly entitled to do so, and though it may be inconvenient for us end users, that's the way the law works.

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