Linked by Thom Holwerda on Fri 3rd Jul 2009 11:27 UTC
Mac OS X Whenever we talk about Mac clone makers such as Psystar, we all more or less accept as a fact that Apple is selling copies of its Mac OS X operating system at a price lower than it would have been if Apple did not have a hardware business. Even though we treat this statement as fact - recently, I've been wondering: where is the proof?
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But, the very question of this case is if EULA is a valid contract. Copyright and Patents are completely separate as the product is legally purchases; no copyright infringement, no patent infringement. Can a company say "sure, you can buy our car but only drive it on Tuesdays in the green lanes.

They can certainly say it, and they could make it binding by agreeing to sell the car to you only on condition that you sign a binding contract to only drive it on Tuesdays in the green lanes. If you violated the contract, they could sue you (although they would have to make a case that your violation of the contract has in some way harmed them or cost them money). They don't need to have a copyright or patent on the car to do this, because contracts are separate from patent and copyright law. So it all turns on whether or not you are actually agreeing to a contract when you click the "Agree" button on the contract that appears when you install OS X.

Edited 2009-07-04 21:09 UTC

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