Linked by Thom Holwerda on Mon 23rd Jun 2008 22:13 UTC
Apple PsyStar introduced its Mac clone to much media attention back in April, causing many discussions about the company's legal status, the validity of the Mac OS X EULA, and even PsyStar's very existence. It soon turned out PsyStar was a real company, and was actually shipping the OpenComputer Mac Clone to its customers, to generally rather favourable reviews - not stellar of course, but acceptable, with the biggest downside being the inability to use the Software Update tool, forcing users to download OS updates straight from PsyStar's servers - to prevent updates from Apple hosing the OpenComputer. We're a few months later now, and a few things have changed.
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Apple Won't Go After Them
by DittoBox on Tue 24th Jun 2008 00:00 UTC
DittoBox
Member since:
2005-07-08

Apple won't go after them because they know if they lose, the entire concept of the EULA flies out the window smashing to its gruesome death 13 stories below.

RE: Apple Won't Go After Them
by Moredhas on Tue 24th Jun 2008 01:13 in reply to "Apple Won't Go After Them"
Moredhas Member since:
2008-04-10

Slightly off topic, but I'll say it anyway. If Apple's EULA was found to be legally invalid, imagine what that would do to other companies' EULAs. Sure, not all EULAs contain clauses that might be found illegal, but seeing one EULA invalidated would bring all of them into question. For example, how legal are the terms in the Windows XP EULA? The GNU GPL?

Reply Parent Bookmark Score: 2

MamiyaOtaru Member since:
2005-11-11

The GPL is not an EULA. It governs distribution of the software, not what the end user does with it or what machines he may run it on or what conditions he must follow to use it.

Edited 2008-06-24 01:32 UTC

Reply Parent Bookmark Score: 9

StephenBeDoper Member since:
2005-07-06

IANAL - but if the "can only be used on Apple-branded computers" clause of the OS X EULA were found to be unenforceable, then it would not be the "end of the EULA as we know it."

The legal precedent would only apply to other EULAs that attempt to stipulate what hardware can or can't be used to run a piece of software. Offhand, I can't think of any other software that would be effected.

Reply Parent Bookmark Score: 3