Linked by Thom Holwerda on Thu 31st Jul 2008 22:03 UTC
Legal 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: Modification Question
by tyrione on Fri 1st Aug 2008 19:42 UTC in reply to "Modification Question"
tyrione
Member since:
2005-11-21

Just a moment...

I'm not sure about this, but I thought Psystar were NOT modifying the OS, they were just modifying the BIOS. Isn't that correct?

If they simply put in a BIOS that Mac OS can work with, it should be possible to simply install an unmodified Mac OS version. So how would this be illegal after all?


From their front page:


Leopard 10.5.4 - Business As Usual
Wednesday, 02 July 2008 09:41
The update for Leopard 10.5.4 is available through Leopard's native Software Update utility for users who have run our 10.5.3 scripted installer or whose computers shipped with 10.5.3 Leopard. Just click the Apple on the top-left of the screen and select "Software Update" to run the built-in Software Update application.


http://www.psystar.com/

That's a custom installer to bypass the Apple installer's standard procedures.

In short, they have a scripted Installer that simulates a genuine Macintosh Hardware Product capable of installing OS X and thus convincing the Installer.app from the retail DVD that it's installing on Apple Hardware.

They aren't going to win.

Reply Parent Score: 2

RE[2]: Modification Question
by alcibiades on Fri 1st Aug 2008 20:00 in reply to "RE: Modification Question"
alcibiades Member since:
2005-10-12

In short, they have a scripted Installer that simulates a genuine Macintosh Hardware Product capable of installing OS X and thus convincing the Installer.app from the retail DVD that it's installing on Apple Hardware.

Probably. What is unlawful about that?

Reply Parent Score: 5

RE[3]: Modification Question
by tyrione on Fri 1st Aug 2008 20:31 in reply to "RE[2]: Modification Question"
tyrione Member since:
2005-11-21

In short, they have a scripted Installer that simulates a genuine Macintosh Hardware Product capable of installing OS X and thus convincing the Installer.app from the retail DVD that it's installing on Apple Hardware.

Probably. What is unlawful about that?


There selling this solution to drive hardware sales of their own clone products without an OEM license from Apple to do so; and if they think the responsibility of this software tool will be the responsibility of the hardware purchaser they are completely wrong.

This isn't a reverse engineering case. This is using tools to debug the Apple Installation process and thus write scripts to mimick the Apple certified hardware to allow it to install on their non-licensed hardware which gives them a profit.

This case will end quickly for Psystar.

Reply Parent Score: 2