Linked by Thom Holwerda on Tue 2nd Dec 2008 22:42 UTC, submitted by anon
Legal The legal back-and-forth between Apple and clone-maker PsyStar continues to develop, with the latest news being a move by Apple - the Cupertino company has invoked something with many already predicted Apple would call upon: the DMCA, or the Digital Millenium Copyright Act. This was done in an amendment to the original suit, filed in July this year.
Permalink for comment 339212
To read all comments associated with this story, please click here.
neoanderthal
Member since:
2008-12-04

It is clearly stated in the EULA that you do not own the software:
"The software (including Boot ROM code), documentation and any fonts accompanying this License whether preinstalled on Apple-labeled hardware, on disk, in read only memory, on any other media or in any other form (collectively the "Apple Software") are licensed, not sold, to you by Apple Inc. ("Apple") for use only under the terms of this License, and Apple reserves all rights not expressly granted to you."

there's tons more, but it lays everything out pretty clearly.
You do not own the software. You are purchasing a license to use it. There's no grey area - you do NOT own the software. You buy the right to use the software within the limits set by, in this case, Apple. You do not own a copy of anything meaningful.

Seriously. It's simple, and it's cut and dried. I'm not discussing the ethics of the situation, merely what rights you are granted by the company that owns the intellectual property.

http://www.apple.com/legal/sla - all of Apple's legal nonsense is there. Read it for yourself. Psystar is doomed, unless the judge decides to throw out the concept of the EULA.

Reply Parent Score: 1