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US antitrust laws forbid many forms of bundling (requirements that you cannot buy product A without buying product B). There are some exceptions, and I'm not a lawyer, but courts might well rule that it's not valid for Apple to forbid the running of a legally purchased copy of their operating system on someone else's hardware. On the other hand, they might rule the other way.
See
http://www.usdoj.gov/atr/public/hearings/ip/chapter_5.htm
for some discussion of the bundling rules.
Many people are under the mistaken belief that you can put anything into an EULA and it's illegal for anyone to violate it. It doesn't work that way, or the old Dilbert strip, where Dilbert didn't read an EULA carefully before clicking, and discovered that he was now Bill Gates' cabin boy, might be a real risk.
I'd say they can dictate what I can do with OSX after purchase about as much as Ford can dictate what roads I can drive on if I drive one of their cars. Again, just because it's in an EULA does not mean it's valid contract clause (Sorry, shouldn't have said legal previously). We (well, most countries) have such things as contract law and consumer law.
Apple can indeed dictate - within the constraints of the law. And their EULA is not illegal.
Actually, the legality of their EULA is a lot a matter of where you live. I've said it dozens of times already but I'll say it here too so people don't live in the false belief: here in Finland they (Apple) can't dictate how many computers I install OSX on or what I can or cannot do with it as long as I don't break any copyright laws. That means I cannot install it on any hardware that I don't own, nor am I allowed to make copies of it, modified or not.
After you have purchased a copy of software kit it is indeed your OWN personal copy. It is not leased, borrowed or otherwise the property of the original owner.
However, if you break the EULA they can forbid you from using their services ie. any service they own and you have no control over can be made inaccessible to you if they deem you haven't followed their EULA. This includes customer support, software updates and such.
http://www.apple.com/legal/sla/macosx.html
"1. General. The software (including Boot ROM code), documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the âApple Softwareâ) are licensed, not sold, to you by Apple Inc."
To have a copy it as to be sold to you first not licensed for usage.







Member since:
2006-05-09
Apple can indeed dictate - within the constraints of the law. And their EULA is not illegal.