Linked by David Adams on Wed 30th Nov 2011 20:23 UTC
Editorial A reader asks: "Can someone comment on the legality of using my brother's old Snow Leopard DVD to install OS X? My brother has Lion, so why can't he choose to give it to me? It doesn't violate Apple's 1 license per 1 computer policy."
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How it works in Brazil
by protomank on Wed 30th Nov 2011 21:34 UTC
protomank
Member since:
2006-08-03

To start, brazilian laws are very pro-consumer centric; we have a very decent consumer code-of-defense that is applied throught a broad range of aspects in our lives.

We have no Digital Millenium Crap, and reverse engineering is not only legal in most cases - like porting code to unsuported devices or platforms - as there are laws to ensure that data will not be impossible to be used once a manufacturer stops selling the hardware it runs on. For example, anyone could create a Super Nintendo clone if they can prove that there is no way to buy a new one or (this is important) use your already purchased game in newer platforms (if Nintendo wants to charge you to play Super Mario 3 in the Wii even if you already have the game, for instance).

Well, this opens the door to anyone breaking the OSX bootloader in order to run on other hardware, but what about EULA?

Well, there are already some cases in justice were it was determined that a contract can't tell the buyer HOW TO use the product, nor forbit a specific usage of it.
What happens is that AFTER - remember, one is innocent until proven that isn't, something american legislators like to forget - the user misuses it, he can:
a) loose all warranty, support and devolution if the product is bought.
b) if the product is a subscription or service, the product can be cancelled - for example, you use your antenna of paid-TV to get channels that you do not pay for - and you can pay some fine - this is why subscription is getting popular here, few sell satellite antennas, most are borrowed to the consumer.

Now for that last part and most important part:
Software in Brazil, is not considered to be a "service" like Apple alleges, but a simple product like a hammer, so you end up with option (a), the only thing you can do is to void the warranty and support for the users that run OSX on a PC.

Pretty nice and legal ;)

PS: Do not think that all of this is because Brazil do not have laws or such, we do; it is just that as was in US when it was a young nation, the laws are made to protect individuals, not big corporation's profit.

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