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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"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.

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