Linked by Thom Holwerda on Mon 14th Apr 2008 21:44 UTC
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.
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RE: Its not really about Eulas
by rajan r on Tue 15th Apr 2008 09:16
in reply to "Its not really about Eulas"
Member since:2005-07-27
Uhm, perhaps in certain European countries, but you clearly don't have an understanding of contract law, at least in the context of common law countries. When you buy, say, Leopard - you're not buying the *software* itself, rather, a license to use it. That's why the source code of Leopard does not come with the box you buy at a Apple Store: you didn't buy the software, merely the right to use it in a limited manner.
As for post-sales restrictions of use, that's a bit complicated, but in most countries, especially common-law ones (where "business efficacy" and "officious bystander" is widely practice in deciding these cases), I don't think there's much of a problem because 1) the contract can be read (online or elsewhere) prior to buying it, and 2) the software can be refunded and returned if you don't agree with the EULA.
As for anti-trust, it is possible (competition law, for efficacy's sake, needs to be vague) - but extremely unlikely. It's hard to rule Apple's position a monopolistic one (it's like saying Ford has a monopoly of producing Ford cards). For one, there is no remote chance where users *have* to use Mac OS, thus no reason for Psystar doesn't have a case to say they needed to sell the computers with OS X.
It would be significantly easier on Psystar if they didn't offer to install Leopard for users: they won't be the one breaking the EULA, it would be the users. And they wouldn't be offering to break contract law.
RE[2]: Its not really about Eulas
by alcibiades on Tue 15th Apr 2008 17:40
in reply to "RE: Its not really about Eulas"
Member since:2005-10-12
News
Linked by Thom Holwerda on 06/17/13 17:58 UTC
"The Internet is one of the most transformative technologies of our lifetimes. But for 2 out of every 3 people on earth, a fast, affordable Internet connection is still out of reach. And this is far from being a solved problem. There are many terrestrial challenges to Internet connectivity - jungles, archipelagos, mountains. There are also major cost challenges. Right now, for example, in most of the countries in the southern hemisphere, the cost of an Internet connection is more than a month's income. Solving these problems isn't simply a question of time: it requires looking at the problem of access from new angles. So today we're unveiling our latest moonshot from Google[x]: balloon-powered Internet access." Insane.
Linked by Thom Holwerda on 06/17/13 17:52 UTC
"MineAssemble is a tiny bootable Minecraft clone written partly in x86 assembly. I made it first and foremost because a university assignment required me to implement a game in assembly for a computer systems course. Because I had never implemented anything more complex than a 'Hello World' bootloader before, I decided I wanted to learn about writing my own kernel code at the same time. Note that the goal of this project was not to write highly efficient hand-optimized assembly code, but rather to have fun and write code that balances readability and speed. This is primarily accomplished by proper commenting and consistent code structuring." Just cool.
Linked by Thom Holwerda on 06/14/13 21:03 UTC
Jon Rubinstein, former CEO of Palm: "Well, I'm not sure I would have sold the company to HP. That's for sure. Talk about a waste. Not that I had any choice because when you sell a company you don't get to decide that. Obviously, the board and shareholders decide that. If we had known they were just going to shut it down and never really give it a chance to flourish, what would have been the point of selling the company? I think the deal we had with Verizon really hurt us, but who knew that at the time? These things are all hindsight."
Linked by Thom Holwerda on 06/14/13 20:46 UTC
"And so it is with Dell's Alienware X51 R2, a small form factor gaming PC in console digs. It's shaped similar to Microsoft's Xbox 360 Slim, and though it's slightly larger than either a 360 or PlayStation 3, the X51 R2 would be right at home in a living room setting nestled next to a large screen TV. Indeed, it's adept at running Steam's Big Picture mode, and if your primary objective is to play games in the living room, go ahead and consider the X51 R2 a hybrid game console." This is obviously not the only machine like this - still, these are very valid console alternatives even for those that don't like being hunched over with a cramped WASD-claw. Also, PC gamers among us: could you get away with the $699 model for gaming?
Linked by Thom Holwerda on 06/14/13 17:32 UTC
From Bloomberg: "Microsoft, the world's largest software company, provides intelligence agencies with information about bugs in its popular software before it publicly releases a fix, according to two people familiar with the process. That information can be used to protect government computers and to access the computers of terrorists or military foes." The lid has officially been blown off.
Linked by Thom Holwerda on 06/14/13 11:39 UTC
"The key takeaway we've reached (after two less than 24 hours playing with the iOS 7 Beta release) is this - every App must consider even basic updates to its UI to survive in a post-iOS 6 world." Great. Telling developers to update their entire application - user interface and behaviour alike - to target a look and behaviour that isn't final yet. Seems like potential for a lot of wasted work here.
Linked by Thom Holwerda on 06/14/13 11:32 UTC
"Overall the app is really basic, and designed for on the go editing. Microsoft says it's not planning to create an iPad version, noting that tablet users can utilize the Office Web Apps instead. We'd like to see some additional options for editing, including more clear options for text formatting and the ability to insert and change images, but it's a solid attempt for something you're only really going to use for editing in emergencies." A resounding meh can be heard from all over the world.
Linked by Thom Holwerda on 06/13/13 19:39 UTC
"Today, most people are using modern browsers that support the majority of the latest web technologies. Better yet, the usage of legacy browsers is declining significantly and newer browsers stay up to date automatically, which means the leading edge has become mainstream. Given these factors we've decided to retire Chrome Frame, and will cease support and updates for the product in January 2014." Eh.
Linked by Thom Holwerda on 06/13/13 14:45 UTC
The Next Web: "First of all, many of the new icons were primarily designed by members of Apple's marketing and communications department, not the app design teams. From what we've heard, SVP of Design Jony Ive (also now Apple's head of Human Interaction) brought the print and web marketing design team in to set the look and color palette of the stock app icons. They then handed those off to the app design teams who did their own work on the 'interiors', with those palettes as a guide. We've also been hearing that there wasn't a whole lot of communication between the various teams behind say, Mail and Safari. And that there were multiple teams inside each group that were competing with various designs, leading to what some see as inconsistencies in icon design. Those may well be hammered out in days ahead." What. Reminds me of how Microsoft does (used to do?) things.
Linked by Thom Holwerda on 06/13/13 11:43 UTC
"The German Parliament, the Bundestag, has introduced a joint motion against software patents. The resolution urges the German government to take steps to limit the granting of patents on computer programs. In the resolution, the Parliament says that patents on software restrict developers from exercising their copyright privileges, including the right to distribute their programs as Free Software. They promote the creation of monopolies in the software market, and hurt innovation and job creation." After New Zealand, we now have one of the most powerful economies in the world moving to ban software patents for all the reasons smart people have been outlining for years. also: "The government should also push to ensure that software is covered by copyright alone, and that patent offices (including the European Patent Office) stop granting patents on software." Germany is not a country the EU can ignore. Very good news, this.More News »
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Member since:
2005-10-12
It is about post sales restrictions on use. They are unlawful in all of the OECD. You cannot tell people what to do with what they have bought, not in a Eula, not in a signed contract. Contrary to anti trust law.
Eulas can be valid. But not where their provisions conflict with consumer protection or anti trust law.
Apple cannot stop you from installing OSX on whatever you want. MS cannot stop you using Office under Wine. You cannot sign away your consumer protection rights by sending in a guarantee form.
Anyone who thinks its not a sale needs to produce a case showing it. Not an Indian or Chinese case, a case from the US, Canada or EU. In the present case, they need to produce a US Court decision. Where is it?
Its a sale. Consequently, you can do what you want with it.
Notice, this may not apply to arrangements whereby in exchange for an annual fee, a company obtains a "license" to software on a certain number of stations. That really may well be a license or a lease or rental or whatever. But going up to the cash register and walking out with a retail copy, that one is a sale. Whatever the Eula says.