Linked by Thom Holwerda on Sat 13th Jun 2009 11:13 UTC
Legal We've got some news in the Apple vs. Psystar tragedy that's been unfolding before our eyes for months now. We all know the gist: Psystar sells machines with Mac OS X pre-installed, while the EULA states that's not allowed. Apple then took this stuff to court, and in the meantime, Psystar went into Chapter 11 Bankruptcy protection. The news today is that Apple has filed a complaint stating that this Chapter 11 thing is just a shield that allows Psystar to continue its business practices, which Apple deems as illegal.
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You're right. Psystar has the right to resell retail copies of MacOS X, and they can do that until they're blue in the face. However, what they cannot do, is knowingly install it on a non-apple brand computer. i don't own a Psystar, so I'm not 100% sure about who "accepts" the EULA, but if it is Psystar, then the responsibility lays on them, otherwise, the consumer.

I am not a fan of EULAs. Half of me believes that all software should be free of restrictions, but the other half of me completely understands why Apple has that clause in the EULA. Apple is different from every computer manufacturer out there in the sense that it is the only one that builds the OS for the computer. This is what gives OSX its stability, and allows Apple to tailor its OS to a finite amount of hardware. When you get down to it, Apple is a hardware company. It makes the OS to sell the computers. Without MacOS, their lineup is just a bunch of aluminum, overpriced, windows computers (not to say they aren't overpriced a tad with OSX, but thats another story).

Think of the consequences of this lawsuit, no matter who wins. If Psystar, EULAs will lose their value and cause software companies lots of headaches (people could install a single copy on multiple computers, for example). Also, Apple will either: jack up the price of OSX, stop selling retail and integrate updating macs to the current OS into a software updater, or add a proprietary component and Microsoft-like activation schemes to prevent the installation (or at least inhibit) on other machines.

If Apple wins, it will solidify restrictive EULA terms as legally-binding.

The thing is, when it was simply the OSX86 crowd messing around and putting MacOS on their computers, Apple didn't seem to care. Its too bad Psystar had to rock the boat for the modding community...

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