Linked by Thom Holwerda on Tue 2nd Dec 2008 22:42 UTC, submitted by anon
Legal The legal back-and-forth between Apple and clone-maker PsyStar continues to develop, with the latest news being a move by Apple - the Cupertino company has invoked something with many already predicted Apple would call upon: the DMCA, or the Digital Millenium Copyright Act. This was done in an amendment to the original suit, filed in July this year.
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Soulbender
Member since:
2005-08-18

Finally, while you may own your car, you do not own Mac OS X - you are licensed to use it, as long as you follow Apple's rules.


This depends on you licensing it though instead of owning it. Is that clearly stated on the box or by the sales person when you purchase OSX? When you buy a music CD you own it, there's no reason for it to be different for software.

Apple owns the intellectual property rights to Mac OS X, not the people who pay to license it.


Again, this is exactly the same as for DVD's or CD's. MGM/Sony/Whatever owns the IP, you own a copy of it.
The interesting part is if Apple can actually claim that you are only licensing OSX when you purchase it.

Reply Parent Score: 2

neoanderthal Member since:
2008-12-04

It is clearly stated in the EULA that you do not own the software:
"The software (including Boot ROM code), documentation and any fonts accompanying this License whether preinstalled on Apple-labeled hardware, on disk, in read only memory, on any other media or in any other form (collectively the "Apple Software") are licensed, not sold, to you by Apple Inc. ("Apple") for use only under the terms of this License, and Apple reserves all rights not expressly granted to you."

there's tons more, but it lays everything out pretty clearly.
You do not own the software. You are purchasing a license to use it. There's no grey area - you do NOT own the software. You buy the right to use the software within the limits set by, in this case, Apple. You do not own a copy of anything meaningful.

Seriously. It's simple, and it's cut and dried. I'm not discussing the ethics of the situation, merely what rights you are granted by the company that owns the intellectual property.

http://www.apple.com/legal/sla - all of Apple's legal nonsense is there. Read it for yourself. Psystar is doomed, unless the judge decides to throw out the concept of the EULA.

Reply Parent Score: 1

Soulbender Member since:
2005-08-18

It is clearly stated in the EULA that you do not own the software


You are right, it doesn't matter if it's licensed or not. However...

You do not own the software. You are purchasing a license to use it


Right. So if I buy OSX, go home, unpack the box a few days later, break the seal, put the CD in my drive, get presented with the EULA and disagree with it, I can pack everything back up again, go back to the store and get a full refund? I'd really like for someone to try that and see what happens.

You buy the right to use the software within the limits set by, in this case, Apple.


And that's exactly what this is about, if the terms set forth by Apple in the EULA is reasonable and in accordance with the law (contract law, consumer law etc).

I'm not discussing the ethics of the situation, merely what rights you are granted by the company that owns the intellectual property.


You seem to think that a company can set forth any crazy contracts terms they want and you just have to accept them or not buy the product but that's just not the case.

Read it for yourself. Psystar is doomed, unless the judge decides to throw out the concept of the EULA.


Nonsense. That's like saying one illegal contract invalidates the concept of contracts. The judge only has to state what, if any, terms in the EULA that are not "legal" and then Apple have to remove those. Granted, the legal wheels may turn quite some time before and after that happens but this case is not about the validity of EULA's themselves. It's about the specific terms in one EULA.

Reply Parent Score: 2

DrillSgt Member since:
2005-12-02

"This depends on you licensing it though instead of owning it. Is that clearly stated on the box or by the sales person when you purchase OSX? When you buy a music CD you own it, there's no reason for it to be different for software."

You own the CD, the physical media. You do not own the music on it, you are licensed to use it. At least that is what it says on at least 5 music CD's I have here. As for OS X, it is very clear that you own the CD, but you only have a license to use the software. The sales person does not say that, however the EULA does. Clicking through has already been upheld for EULA's in the courts. The key is if Apple can restrict how you use that license, in effect testing that specific EULA.

Reply Parent Score: 2