Linked by Thom Holwerda on Fri 25th Apr 2008 15:01 UTC
When PsyStar announced they would be offering their own Macintosch clone, pre-installed with Apple's Mac OS X Leopard, they opened up a whole can of worms. Despite the fact that the company itself was shrouded in mystery and dubiousness, the possible implications of their actions sparkled an interesting debate here on OSNews as well as other discussion venues: can PsyStar and its users just discard Apple's End User License Agreement for Leopard? Instead of relying on my own limited layman's understanding of Dutch Common Law, I decided to contact Dutch legal experts, and ask for their opinions on Apple's EULA, and EULAs in general.
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Member since:
2006-01-06
Adding Apple to the case would be a violation of trademark law.
Surely it's only a violation of trademark law if I'm using "apple" as a trademark?
If I write "apple" on my own personal computer, or even if I stick an iPod-supplied Apple sticker on my Thinkpad, then surely I am not using "apple" as a trademark, since I am not trading?
Similarly, if PsyStar wrote "apple" on a sicky-label and put it on the inside of the case and told nobody, they would not be using "apple" as a trademark, since it is invisible to anybody until long after purchase(the trade)?