
There are probably lots and lots of lawsuits going on every day in the technology world, and generally, they are quite uninteresting to all of us. Exceptions exist, of course, and the case of Apple and PsyStar is definitely one of them. It's a lawsuit that could test one of the most debated issues in the world of software: the EULA issue. To refresh your memory: PsyStar started offering Macintosh clones
earlier this year, which caused quite the uproar in the Mac community. Apple was silent on the issue at first, but a few weeks ago the company decided to
take legal action against PsyStar,
claiming PsyStar violated Apple's copyright and license agreements (EULAs), and motivated others to do the same. While several legal experts agree that Apple's EULA will
stand the test of court in The Netherlands, the situation in the US might be completely different. PsyStar seems prepared for the worst, as they have
hired lawyers from Carr & Ferrell LLP, a firm who successfully fought Apple in court over IP issues before. I'm breaking out the popcorn, because this is hopefully going to be a big one.
Member since:
2005-11-21
I'm not sure about this, but I thought Psystar were NOT modifying the OS, they were just modifying the BIOS. Isn't that correct?
If they simply put in a BIOS that Mac OS can work with, it should be possible to simply install an unmodified Mac OS version. So how would this be illegal after all?
From their front page:
Leopard 10.5.4 - Business As Usual
Wednesday, 02 July 2008 09:41
The update for Leopard 10.5.4 is available through Leopard's native Software Update utility for users who have run our 10.5.3 scripted installer or whose computers shipped with 10.5.3 Leopard. Just click the Apple on the top-left of the screen and select "Software Update" to run the built-in Software Update application.
http://www.psystar.com/
That's a custom installer to bypass the Apple installer's standard procedures.
In short, they have a scripted Installer that simulates a genuine Macintosh Hardware Product capable of installing OS X and thus convincing the Installer.app from the retail DVD that it's installing on Apple Hardware.
They aren't going to win.