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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mallard
Member since:
2006-01-06

"That analgy makes no sense. If you break and enter then you are clearly breaking the law.

Installing OS X on non-Apple hardware isn't a breach of copyright, data protection, nor any other IT law that springs to mind. The EULA simply isn't law. It's just a licence agreement in much the same way that a "void warrenty" sticker is if you open up some bits of hardware. You're not breaking the law by breaking the sticker but you're voiding your licence with the manufacturer should your hardware break.

So it comes back to my "non-support for non-Apple hardware" argument. Apple have every right not to offer you refunds nor technical support, but I fail to see how they can issue legal warnings to those who choose to run their software (which has still been legally purchased) on non-Apple hardware.


Actually, when you purchase and install the software you are signing an agreement (electronic signing in the form of 'I Agree' is also considered one) where by under the conditions set down by the licence agreement (you don't own the software, you licence it off the company) you agree to a certain set of conditions - in the case of Apple, you are not allowed to (or hack the software to) run it on non-Apple hardware.

Does upholind this matters? yes it does, I wish people would spend a little time thinking the impact of what dismissing EULA's would mean; the EULA is a licence contract, your are essentially saying that licence contracts me NOTHING - then what about all those companies who purchase IP off one and another? what about companies who licence software and use it as part of their own.

I wish people here would think about the issue a little more in depth and realise that a precedent set in one area of the industry *COULD* creep through and affect everyone else. Its not just a matter of 'the EULA screws over users' as people here like to claim - its a matter of whether licence contracts (or even contracts!) are even able to be up held in court!

Again, you DON'T purchase software, you LICENCE it, and when you agree to the EULA, you are SIGNING a contract with the software company under what conditions the software is being licensed to you for!
"

A EULA simply does not meet the requirements of a contract. There is no "consideration" (payment) as you have already bought the software and there is no offer as the "contract" only takes away rights that the user otherwise has.
Thus, a EULA is not a contract. It has no more legal standing than the "warranty void if removed" stickers on various products.

When a company licences another's software/technology, an actual contract is drawn up and is agreed to before payment or reception of the software/technology. Besides, these contracts also (typically) grant the recipient redistribution rights that they would not otherwise have.
(Even when buying software libraries on the internet, you have to agree to the licence terms before payment and receipt of said software.)

Of course contracts are enforceable in law, but EULAs are not contracts. They are simply a pseudo-legal "agreement" that is used to scare the consumer into not exercising their legal rights. (Note that I have yet to see a EULA that even refers to itself as a contract.)

Aside from all that, even in some bizarre alternate universe where EULAs are legally binding, this particular case only depends on the phrase "Apple-labelled computer". Does that mean I can scrawl "Apple" on a post-it and slap it on the side? What if I use one of the apple-logo stickers that came with my iPod?

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