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Why would they need to make the EULA bulletproof? All they need to do, is to have enough lawyers to make a breach too expensive. The EULA is certainly not valid in my country (a contract "signed" by opening a box I've bought? I don't think so), but Apple still sells their software and their computers here.
That may or may not be. But it sure is valid in the US of A, or they wouldn't have bothered writing it in the first place, would they?
And if it is, Apple may not be able to sue you (or threat to do so) if you install OSX to a "Hackintosh" but they sure can do so to someone who does it in the US.
(Which is true for both the Wired staff and Psystar)
"Why would they need to make the EULA bulletproof? All they need to do, is to have enough lawyers to make a breach too expensive. The EULA is certainly not valid in my country (a contract "signed" by opening a box I've bought? I don't think so), but Apple still sells their software and their computers here."
Well, you do not agree to the EULA by opening the box. You agree to the EULA when you click the Accept or OK button on the license dialog when the question asks you to. That has already been deemed enforceable in many countries, the whole click through signing.




Member since:
2008-11-12
The second contract is the the EULA which you enter into when you click through. Its independent of the sales contract. This may or may not be binding, in particular, the clause which forbids you to install on non-Apple hardware may or may not be finding. This also may or may not be a license.
But the sale by which you acquired your copy was a sale, it was not a license. Read Softman.
Do you think Apple's lawyers are too stupid to make their License bulletproof? This is, again, covered in the EULA as "You own the media on which the Apple Software is recorded but Apple and/or Apple's licensor(s) retain ownership of the Apple Software itself." By installing OSX on whatever machine, you have to agree to that license. There is no way around it as long as the license is not invalidated by law.
Oh, please! Apple hardware is EXACTLY the same as in the beige box. They use Intel CPUs, nvidia chipsets, ATI graphics cards, just to name a few. Wired and Psystar would not have been able to run OSX on non-Apple hardware if it were any different.