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I think that is what a lot of people are thinking as their site is not functioning right now-
Also I wounder if there is any chance of them being in the clear. If they are buying their copies of OS X legitimately from Apple and putting Apple Stickers on their PCs, there is a "stick it to the man" part of me that hopes it is enough to satisfy is Section 2A of the Mac OS X End User License Agreement (EULA), which reads:
"to install, use and run one (1) copy of the Apple Software on a single Apple-labeled computer at a time."
Because they probably have nothing to compare to Apple's legal team they will be stomped, but I'll cross my fingers for the little guy.
And hope they succeed in what? Toppling Apple? Then nobody gets the OS. Unless Apple _stops_ being a _hardware_ company hoping to see the little guy succeed is hoping to bring the company down.
Don't get me wrong, I'd love to see a legitimate way to install MOSX on hardware of my choosing, but at the same time Apple doesn't make their money selling the OS. The OS sells their hardware!
There is every chance of them being legally in the clear, whether they put stickers on or not. They may get bought off or intimidated off, but legally its pretty cut and dried. No post sales restrictions on otherwise legal use are enforceable. They are anti competitive. If you make cooking knives, you cannot, by post sale restrictions on use, stop people using any chopping boards but your own branded ones. If the Eula says you can only use this software if you take off your shoes and bow to Cupertino first, you don't have to. Simple. They are right to say they're doing nothing illegal. Violating Eulas is not illegal. Neither is it actionable to break those provisions of a Eula which are unlawful.
If you argue its a license not a sale, you need to produce cases. There are none. Its a sale.
Going to be interesting, this one.
Regarding that apple-sticker on the box:
I'm very sure Apple got a registered trademark and that they decide who are allowed to use it and call their machines Apple ones or not. So with sticker or not it's not an Apple machine, because they got no right whatsoever to call their product and Apple product.
Aside using the Mac name (OpenMac) which they've now stopped, I really can't see what the legal problem is.
The kernel is open source anyway, the OS X licence (hopefully) will be legally purchased. Granted there's a breach of the EULA, but (as I said in my other post) I think the legal ground of EULAs somewhat questionable (and certainly not moral - but who has moral in big business
)
Psystar's website even specifies that this device is aimed at experienced users.
Once again, Apple are more interested in their lock in's than consumer choice. (Or maybe they're just scared that if OS X was pitted up against a variety of hardware (in much the same way Windows and Linux are) then OS X's 'perfect' image of stability and simplicity would get knocked down several pegs).
"Psystar's website even specifies that this device is aimed at experienced users."
== You will probaby run until problems with this but we don't give a shit we just want to earn money selling systems capable of running OS X.
Same with their FAQ informing people to look up which updates work or not on insanelymac aswell == We won't help you at all if something doesn't work, let someone else fix that, we just want to sell this system and earn money, f--k you!







Member since:
2006-02-10
In that case... Quick, hurry and buy one