Linked by Thom Holwerda on Wed 22nd Oct 2008 07:33 UTC
Earlier this week we reported on the court case between Apple and PsyStar, stating they went into settlement negotiations. Details, however, were sparse. The law firm representing PsyStar has now replied to the matter, and there's good news for those of us who hope to see crazy EULA clauses tested in court.
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"What the case may test, if it comes to court, is a very narrow and rather simple question: can a vendor sell goods at retail, and prohibit a customer from using those goods in certain ways, by contractual conditions on sale?"
I agree with most of your post. Whether or not you can do with the product as you wish has nothing to do with the Apple/Psystar case. You can buy a copy of OS X and use the DVD to install it on your VCR if you wanted to and could make it work, or just use the DVD as a coaster. That is not in question, and certainly not what this case is about. What this case is about is if a company can use another brand in order to boost it's sales, without permission from the owner of the brand to do so. In this case Psystar used OS X without permission from Apple to do so. Either way, I will be happy to see the outcome and put all of our speculations to rest
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2005-12-02
"What the case may test, if it comes to court, is a very narrow and rather simple question: can a vendor sell goods at retail, and prohibit a customer from using those goods in certain ways, by contractual conditions on sale?"

I agree with most of your post. Whether or not you can do with the product as you wish has nothing to do with the Apple/Psystar case. You can buy a copy of OS X and use the DVD to install it on your VCR if you wanted to and could make it work, or just use the DVD as a coaster. That is not in question, and certainly not what this case is about. What this case is about is if a company can use another brand in order to boost it's sales, without permission from the owner of the brand to do so. In this case Psystar used OS X without permission from Apple to do so. Either way, I will be happy to see the outcome and put all of our speculations to rest