Gutsy/foolhardy Mac clone maker Psystar responded in August to Apple's copyright infringement lawsuit with an anti-trust lawsuit against Apple. Earlier this week, Apple's lawyers filed a motion to have the suit dismissed, calling it "deeply flawed." In its statement, Apple contends: "One of the bedrock principles of antitrust law is that a manufacturer's unilateral decision concerning how to distribute its product and with whom it will deal cannot violate the Sherman Act."
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Member since:2005-12-02
"Do you think I need a license to do this? Why? Of course I do not, any more than I need a license to repaint you a Chevy in a lovely custom shade of bright pink, and if enough people want them, I may take to carrying a carlot full of the things, rather than doing them on special order."
Actually yes I do. In your scenario with the cars you certainly do need a license to do that. Not from Chevy, but from the local government. It is called a business license. Without that license they can and will shut you down, lock the doors, and take your equipment and vehicles on the lot to auction. After all, without a business license that means you have not paid your taxes on your income. Unless of course you do that and not charge for the paint or your time, and give the vehicles away at no cost.
Member since:2006-01-27
Member since:2005-11-16
"No, this is not happening, at least it does not seem to be, from their site. What they seem to be doing is having the customer download a package, which then goes to the Apple site where the update is hosted, and downloads it, and then installs it. With some modifications. Again, if this is what they are doing, there is no copyright violation. "
Do you realize how stupid is what you are saying? Do you really believe that Apple is hosting anything helping Psystar doing its business?
Psystar is pre-installing OS X on their computers,
http://www.psystar.com/index.php?&page=shop.product_details&flypage...
That's illegal, period.
Member since:2006-11-12
alcibiades did not imply/claim that Apple is hosting updates to benefit Psystar nor Psystar users. alcibiades merely said that it appears that Psystar provides a script/package that downloads for the Psystar user the OSX updates hosted by Apple.
Exactly how is that illegal? Likewise, if one hires a computer store to build a custom computer and install Windows on the machine, is that illegal?
It is not illegal for one to hire another entity to install software on their machine
Member since:2005-07-06
...
That's illegal, period.
How so? It may be a violation of the EULA, which is exactly what this case is about: Pystar contends that the particular clause in the EULA that forbids the user from installing OS X on non-Apple hardware is unenforceable. Apple, not surprisingly, contend otherwise.
Member since:
2005-10-12
They do not need a license to redistribute OSX. No-one needs a license to resell items bought at retail. Its perfectly legal. All you need is a customer with money and willing to buy. Doesn't matter whether its cars, books, OSX, Windows, lawnmowers.
No, this is not happening, at least it does not seem to be, from their site. What they seem to be doing is having the customer download a package, which then goes to the Apple site where the update is hosted, and downloads it, and then installs it. With some modifications. Again, if this is what they are doing, there is no copyright violation.
It will be argued that your description of what is legal is exactly what Psystar is doing. On your behalf, they are buying a retail copy of OSX for you. They are then installing it for you on the hardware of your choice, which they assemble for you. They charge a fee for all this. How is it different than if I offer the following service: lots of people want (for instance) Mac Minis in larger cases with room for bigger hard drives. I buy them, modify them, put them in a new case, copy over the partitions, and sell them. Do you think I need a license to do this? Why? Of course I do not, any more than I need a license to repaint you a Chevy in a lovely custom shade of bright pink, and if enough people want them, I may take to carrying a carlot full of the things, rather than doing them on special order.