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[5]: Modification Question
by tyrione on Sat 2nd Aug 2008 22:49 UTC in reply to "RE[4]: Modification Question"
tyrione
Member since:
2005-11-21

"There selling this solution to drive hardware sales of their own clone products without an OEM license from Apple to do so.... 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.


Yes, all true. None of it is unlawful. What is unlawful at least in the EC is having contractual conditions which prevent people from doing this sort of thing. They do not need an OEM license from anyone to do it. Just buy the bits and assemble them.

They are called 'clone products'. What they actually are is identical hardware, just not bought from Apple. So what? Nothing unlawful about that either. This is what happens when all your components are sourceable on the open market by anyone who chooses to buy them in.
"

When you actually stop citing the EC we might have a debate. Until then you're pissing in the wind adjacent to my wind that focuses on the US.

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