Linked by Thom Holwerda on Mon 14th Apr 2008 21:44 UTC
Apple The website of a Miami-based networking and security solutions reseller became inaccessible Monday, shortly after the company began advertising an unauthorized Mac clone for a fraction of the cost of Apple's cheapest system. Dubbed OpenMac, the USD 400 offering from Psystar Corporation is described as 'a low-cost high-performance computing platform' based on the ongoing OSX86Project - a hacker-based initiative aimed at maintaining a version of the Mac OS X operating system for everyday PCs. The website is back online now, and the machine has been renamed to Open Computer. Update: Psystar says they will continue to sell the Open Computer system, despite the fact that it appears to violate Apple's EULA. "We're not breaking any laws," they insisted.
Thread beginning with comment 309573
To read all comments associated with this story, please click here.
Breach of Contract
by Dengar12 on Tue 15th Apr 2008 02:14 UTC
Dengar12
Member since:
2008-04-15

Installing OSX on a non-apple computer would be a breach of contract according to the EULA, which is essentially the contract you are agreeing to when you purchase the operating system. So Macintosh is allowed to sue you for breaching.

Reply Score: 1

RE: Breach of Contract
by monodeldiablo on Tue 15th Apr 2008 02:58 in reply to "Breach of Contract"
monodeldiablo Member since:
2005-07-06

Except, of course, that you're only allowed to read the contract after you've bought the item. Thus, the contract is not part of the sale and is unenforceable.

There's a reason this has not been challenged before.

Reply Parent Score: 5

RE: Breach of Contract
by HappyGod on Tue 15th Apr 2008 04:22 in reply to "Breach of Contract"
HappyGod Member since:
2005-10-19

Installing OSX on a non-apple computer would be a breach of contract according to the EULA, which is essentially the contract you are agreeing to when you purchase the operating system. So Macintosh is allowed to sue you for breaching.


Actually no. You don't agree to anything when you buy the software, you just hand over some cash. You do however "agree" to it during the install, but there are the following issues:

1. You don't actually sign your name, you just click a button. It might not be a valid contract.

2. You can't use the product unless you agree. That might be a breach of fair-use.

3. You aren't notified of these restrictions at the point of sale.

Until someone challenges in court and raises these issues, it's not clear at all whether EULA are worth the paper they're (not) written on.

Edited 2008-04-15 04:24 UTC

Reply Parent Score: 7

RE: Breach of Contract
by Splinter on Tue 15th Apr 2008 06:42 in reply to "Breach of Contract"
Splinter Member since:
2005-07-13

Installing OSX on a non-apple computer would be a breach of contract according to the EULA, which is essentially the contract you are agreeing to when you purchase the operating system. So Macintosh is allowed to sue you for breaching.


For arguments sake lets say the above is true (which many dispute), this is not an issue for the company selling the computer. Note we are talking about an End User License Agreement, the seller of the computer is not the End User.

Reply Parent Score: 2