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[6]: Would not stand in Germany
by Ford Prefect on Fri 1st Aug 2008 16:01
in reply to "RE[5]: Would not stand in Germany"
Member since:2006-01-16
It was not Psystar which brought the EULA to the table here. Perhaps it is made up by the press though, that this is about EULA.
I just wanted to contribute something to show different laws applied in Europe compared to the Netherlands which is so damn important for the news poster (as he is from there ;-).
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2005-11-10
... and you seem a bit over eager to let us know facts about German legislation, which in this case is incredibly pointless as the case is being tried in the USA.
Anyhow, once that Pysstar started reselling OSX they stop being a "customer" and started embarking in a commercial transaction. Modifying other people's IP and reselling is a whole new ball game than an EULA.
If pysstar thinks that apple will go the EULA route, then they are a bigger bunch of morons than I had anticipated. They are in for world of hurt.