Linked by Thom Holwerda on Mon 5th Oct 2009 21:45 UTC, submitted by JayDee
Hardware, Embedded Systems Just when you thought you saw it all. So, we all know about Psystar, the two lawsuits between them and Apple, and all the other stuff that's been regurgitated about ten million times on OSNews alone. Well, that little company has taken its business to the next level - by announcing an OEM licensing program.
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RE: Oh no..
by alcibiades on Tue 6th Oct 2009 08:44 UTC in reply to "Oh no.."
alcibiades
Member since:
2005-10-12

should we start placing bets on when apple will come crasing down on them in a hell fire and brimestone laden wrath? or will apple actually make a public press conference about how they are pissed at people building hackintoshes?

Surprisingly apple has not made any sort of public disclosure about hacktosh boxen, and or publicly acknowledged their existance other than in the form of bricked updates.


Won't happen. All they would do by public pronouncements is incite people to make hackintoshes. And this last move is an act of genius which must have been inspired by the new Psystar legal team.

The problem is, there is no copyright infringement going on, as long as it is either the end user and owner of the retail copy who does the installation, or some one acting with his authorization. See Title 17 S117 for the US law on the subject, and see Softman and recently Vernor vs Autodesk for case law on whether purchased retail copies are owned or licensed.

The only thing which is open to civil suit is thus that the installer is violating the EULA clause that mandates your hardware must be sourced from Apple.

So if Psystar simply certifies that a machine will work with OSX, and the end user then does the installation himself, its the end user who is violating the EULA. It is the end user who clicks through and enters into the secondary contract with Apple, and who breaks one of the terms. It is thus the end user who will have to be sued.

Welcome to the public relations world of the RIAA. Lets see what it does to Apple's image to be suing hundred, thousands, tens of thousands, maybe hundreds of thousands, of end users, all of them legitimate customers who have bought retail copies of OSX, but have just bought their hardware someplace else.

This is dead in the water. A brilliant strategem. One looks forward to seeing Apple's response, but its hard to see what could work against this one.

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