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[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[3]: Would not stand in Germany
by kaiwai on Fri 1st Aug 2008 01:15
in reply to "RE[2]: Would not stand in Germany"
Member since:2005-07-06
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.
But I assume it's true that this still excludes modifying the software and then selling it.
If you took the time to read, the issue isn't the reselling of the operating system - I've sold old copies of MacOS X without any repercussions from the auction site I did it through.
The issue at play is the fact that this vendor is selling a MODIFIED VERSION of Apple's software - that is the issue. They have hacked up a copy of MacOS X and resold it. Unless they have a special OEM agreement with Apple (which they don't), what they did was illegal.
RE[3]: Would not stand in Germany
by DrillSgt on Fri 1st Aug 2008 02:49
in reply to "RE[2]: Would not stand in Germany"
Member since:2005-12-02
"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."
I agree mostly. This is going to be interesting to see how it goes. According to Apple, OS X on the shelf is sold as an upgrade to an existing system, not as an end product. This will finally answer that question also I think.
RE[3]: Would not stand in Germany
by javiercero1 on Fri 1st Aug 2008 06:03
in reply to "RE[2]: Would not stand in Germany"
Member since:2005-11-10
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
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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.