Linked by Thom Holwerda on Thu 31st Jul 2008 22:03 UTC
There are probably lots and lots of lawsuits going on every day in the technology world, and generally, they are quite uninteresting to all of us. Exceptions exist, of course, and the case of Apple and PsyStar is definitely one of them. It's a lawsuit that could test one of the most debated issues in the world of software: the EULA issue. To refresh your memory: PsyStar started offering Macintosh clones earlier this year, which caused quite the uproar in the Mac community. Apple was silent on the issue at first, but a few weeks ago the company decided to take legal action against PsyStar, claiming PsyStar violated Apple's copyright and license agreements (EULAs), and motivated others to do the same. While several legal experts agree that Apple's EULA will stand the test of court in The Netherlands, the situation in the US might be completely different. PsyStar seems prepared for the worst, as they have hired lawyers from Carr & Ferrell LLP, a firm who successfully fought Apple in court over IP issues before. I'm breaking out the popcorn, because this is hopefully going to be a big one.
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RE: Would not stand in Germany
by DrillSgt on Thu 31st Jul 2008 23:17
in reply to "Would not stand in Germany"
Member since:2005-12-02
The customer has the preserved right of using the software the way it fits her most, including modifications on the software...."
This is where the break down is actually. If you were a customer of Apple and used the software for your own purposes, doing this would not be an issue. In this case we have a company reselling Apple software without permission, as well as modifying the software to distribute it to others, and make a profit on it. Big difference from the scenario you mentioned.
RE[2]: Would not stand in Germany
by Ford Prefect on Fri 1st Aug 2008 01:07
in reply to "RE: Would not stand in Germany"
Member since:2006-01-16
I want to mention here that German law also invalidates EULA parts which state that you are not allowed to resell the software -- this was tested in court with the back-then EULA of OEM MS Office versions.
But I assume it's true that this still excludes modifying the software and then selling it, which can be forbidden by the EULA.
p.s.: to clarify: If Apple is sueing Psystar over the EULA (End-user License Agreement) it is obvious that Psystar is buying these end-user licenses from Apple and therefore is a customer like everybody else.
Edited 2008-08-01 01:15 UTC
RE[2]: Would not stand in Germany
by alcibiades on Fri 1st Aug 2008 19:54
in reply to "RE: Would not stand in Germany"
Member since:2005-10-12
RE: Would not stand in Germany
by apoclypse on Fri 1st Aug 2008 13:23
in reply to "Would not stand in Germany"
Member since:2007-02-17
The issue here is not that people are hacking OS to run on commodity hardware but that they are trying to monetize it. Apple's lawsuit hsa to do with copyright as far as I know and not with the EULA. Psystar is modifying OSX and selling it to consumers, which I think is illegal. No tot mention that they have also ignored the license and request of the original EFI hack author that his work no be used commercially. So I have very little respect for Psystar at this point and all you guys frothing at the mouth about the EULA that this is not about the EULA this is about copyright.
RE: Would not stand in Germany
by bryanv on Fri 1st Aug 2008 13:59
in reply to "Would not stand in Germany"
Member since:2005-08-26
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2006-01-16
In Germany restricting the use of Software as stated in the EULA is invalid.
The customer has the preserved right of using the software the way it fits her most, including modifications on the software. Statements in an EULA which for example disallow installation of the software on specific hardware don't take effect, i.e. they are not law enforcable. Instead, the EULA in a whole gets invalid if the famous "is still valid even if invalid parts are found" sentence is missing ;-)