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.
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RE[3]: Cease and Desist
by alcibiades on Tue 15th Apr 2008 07:57 UTC in reply to "RE[2]: Cease and Desist"
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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.

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