Linked by Thom Holwerda on Sat 14th Nov 2009 22:32 UTC
Legal As Murphy's Law dictates, this news was destined to come while I'm down and out with the flu, while being miserable on the couch. Dragged my bum to the computer for this one (my iPhone alerted me, oh the irony): Apple has scored a major win in its case against Psystar. Judge William Alsup more or less agreed with just about everything Apple said, granting Apple's motion for a summary judgement. Instant update: Mind, though, that this ruling only covers Leopard. Snow Leopard will be handled in the Florida case.
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RE[7]: I really do hope...
by RogerBryce on Sun 15th Nov 2009 14:48 UTC in reply to "RE[6]: I really do hope..."
RogerBryce
Member since:
2008-07-07

Thom writes that, since he's not asked to agree to any restrictions before his purchase, nobody can force him to abide by them. This is obvious to me, because I'm European and live in Italy, but it may not be equally easily understood by you and others: perhaps there are different laws with you and you have different rights as consumers in your country. Nonetheless, what Thom writes makes perfect sense: he's not asked to sign any contract with Apple. And if he were he'd have to renounce his rights as a consumer in order to accept Apple's restrictions on the use of Apple software.

You write: have you read the the requirements on the back of the box, it clearly states that you need a Mac running an Intel processor (in the case of Snow Leopard).

My short and unsatisfactory experience has shown me an AMD processor (Athlon 5600+) can do just as well. Some Darwin-based OS was made to work on VIA mobos. In short, what may not work is the rest of the hardware, regardless of whether it's Apple, Intel or anything else. What eventually matters is who the heck cares about what's printed on a box if its content is good for what the buyer intends to use it? Suggestions and instructions aren't binding.

If you don't like the restrictions, as clearly stated on the outside of the box - purchase something else;

From Italy I can say that it's not a matter of being unable to understand what's written on the box: there's no agreement between Apple and the buyer on how to use the software as long as the buyer doesn't sign a contract. That's all. But there's more: if the restriction is an unreasonable clause in a contract, the Italian law is very clear about the fact that also the clause in the contract has to be signed or it will be void. Even in that case, I very much doubt that a judge will order you to go out and buy a Mac in order to use the copy of MacOS you've purchased.

The argument according to which I shouldn't buy a product that someone makes and expects me to use in a certain way or a for a certain purpose is nonsensical: I have the right to buy anything offered for sale and the reseller cannot prevent me from getting it if I'm ready to pay for it in currency. What I buy and what I buy it for is my business.

I can't predict what Apple will do to protect its software, but I'm fully certain they can't start a legal battle in every country in order to force their policy everywhere. I also doubt they're considering asking their potential customers to sign a contract: suppose I want to buy a copy of MacOS as a present for a friend, why on earth would I have to sign anything? And frankly, I don't think Apple has enough money to pay a huge legal staff to draw up contracts for each country and to keep them upadated on every minute change in legislation.

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